Idle Land Solution 2012 (Revised)

Original Language Title: 闲置土地处置办法(2012年修正本)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201211/20121100378141.shtml

Idle land solution 2012 (revised)

    (April 28, 1999 Ministry of land and resources, 5th announced June 1, 2012 the Ministry announced amendments come into force on July 1, 2012, 53rd) Chapter I General provisions

    First to deal effectively and making full use of idle land, standardizing the land market Act, promoting economical and intensive land use, in accordance with the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law and relevant laws and administrative regulations, these measures are formulated.

Idle land in these measures in article, refers to the use of State-owned land more than paid use of State-owned land use right contract or a written decision on the allocation of conventions, set start development dates over a year not commenced development of State-owned land for construction.

    Under development but the construction area should start construction with an area less than one-third or has insufficient investment in total investment 25%, suspension of development and construction for less than a year of State-owned land for construction, can also be regarded as vacant land.

    Idle land disposal shall be in conformity with article III of general land use planning and urban and rural planning, follow the law and regulations, to promote the use of, security interests, the principles of freedom of information.

Fourth of municipal and county authorities responsible for the administration of land and resources survey of idle land in identification and disposal of work organization.

    Superior land and resources administration of subordinate departments of land and resources survey finds to supervision and management and disposal of idle land.

    Chapter II survey and found that

Fifth of municipal and County land and resources authorities found to be suspected of constituting the approach stipulated in section of idle land, shall carry out investigation to verify the 30th, issued to the State-owned building land for the notification of idle land surveys.

    State-owned construction land shall, from the date of receipt of the notification of the idle land survey in the 30th, and provide the reasons land utilization, idle and requested for instructions and other materials.

Article sixth of the idle land survey notice should include the following:

(A) State-owned construction land use right name or name and address of the person;

(B) suspected the basic situation of vacant land;

(C) the alleged facts and basis of vacant land;

(D) the main contents and term of their materials;

(E) the rights and obligations of State-owned land for construction purposes;

    (Vi) other matters requiring investigation.

   Article seventh city and County land and resources administration performance of idle land surveying duties, you can take the following measures:

   (A) ask the parties and their witnesses;

   (B) site investigation, photo taking, video;

   (C) access to information on land use, copying, and respondents;

    (D) the respondents were asked about issues of land rights and use instructions.

Eighth under any of the following circumstances, which belongs to the Government, the Administration's actions regarding commencement of delayed development, State-owned construction land shall give city and County land and resources administration provides a description land idle because materials, audited are substantiated, in accordance with the measures set forth in 12th and 13th disposal:

(A) is not in accordance with the paid use of State-owned land use right contract or a written decision on the allocation of agreed, and the period of time specified, the condition to deliver the land to the State-owned land for construction purposes, projects do not have commenced development conditions;

(B) land-use planning, urban and rural planning law changes, State-owned land for construction purposes not in accordance with the paid use of State-owned land use right contract or written decision on the allocation of contracts, provision of construction conditions, planning and development;

(C) enact policies from country to country, need to make modifications to the agreed conditions, provides planning and construction;

(D) the disposal on land-related complaint could not be started, such as the development of the masses;

(E) due to martial law, cultural relics protection construction development;

(Vi) other acts of Government, government departments concerned.

    Of idle land due to force majeure such as natural disasters, in accordance with the provisions of the preceding paragraph.

    Nineth after investigation and verification, in line with the conditions specified in article II of this approach, constitutes of idle land, city, County, Department of land and resources should be given to the State-owned building land of the certificate of idle land.

Article tenth of the certificate of idle land shall contain the following:

(A) State-owned construction land use right name or name and address of the person;

(B) the basic situation of vacant land;

(C) identified the fact that unused land, according to;

(D) the idle causes and finds that conclusion;

    (E) other matters of note.

11th after issue of the certificate of idle land, municipal and County departments of land and resources through the portal in the form of idle land to the public, State-owned construction land's name, idle time, and other information belonging to the Government or the Administration's behavior regarding the cause of idle land, should simultaneously open idle reasons, and shall inform the relevant Government or Government Department.

Land and resources departments at higher levels shall timely summary lower idle land information Department in charge of land and resources, and public in the portal site. Idle land not disposed before the completion of, the relevant information should be public for a long time.

    Idle land disposal after the revocation information in a timely manner.

    Chapter III disposal and utilization

12th due to the circumstances prescribed in the article eighth cause of idle land, city and County land and resources departments should be consultation with the State-owned building land, select one of the following disposition: (A) commence extended deadlines. A supplemental agreement was signed, re started the development and completion of the term, and breach of contract.

Started development of supplementary agreement date, start extended deadline shall not exceed one year; (B) the adjustment of land use, planning requirements. According to new uses or new planning conditions to go through the relevant formalities, and according to new uses or new planning conditions accounting, collection or refund the price of land.

After changing the land use must be consistent with the overall land use planning and urban planning; (C) arrange for temporary use by the Government. Original projects to the development conditions, construction of the State-owned building land for redevelopment.

From the date of temporary use and temporary use period shall not exceed two years;

(D) the agreement paid back State-owned construction land; (E) replacement of land. Has paid the price of land, the implementation of project funding, and idle due to planning law amendment, replacement value for State-owned construction land people, uses the same State-owned construction land for development and construction.

Involving the transfer of land, should sign a new land lease contract, and indicated in the contract for the replacement land;

(F) the city and County can also be based on the actual situation of land and resources authorities provided other means of disposal.

Apart from the fourth prescribed in the preceding paragraph, start development time in accordance with the provisions of the new agreement, time to run anew.

    Present measures as provided in article of idle land and disposed of in accordance with the provisions of this article.

13th city and County land and resources departments and State-owned land for building consensus, should develop idle land disposal programme, the people's Governments at the corresponding level for approval.

    Vacant land with mortgages, city and County land and resources departments in developing idle land disposal programme, shall notify the mortgagee.

Article 14th except as provided in this article eighth case, idle lands in the following ways: (A) did not start development over a year from city and County land and resources administration after approval by the people's Governments at the corresponding level, orders to the use of land for construction of the written decision on collection and payment of unused land, according to the transfer or allotment of land for 20% collection and payment of the purchase price of the land idle.

Idle land shall not be included in the production costs; (Ii) not started development full two years of, by city, and County land resources competent sector according to People's Republic of China land management method 37th article and People's Republic of China City real estate management method 26th article of provides, reported by has approved right of Government approved Hou, to state-owned construction with to right people issued recovered state-owned construction with to right decided book, free recovered state-owned construction with to right.

    Idle land has a mortgage, with a copy to the mortgagee of land. 15th of municipal, County, land and resources administration, in accordance with article 14th collection of unused land in these measures, the State-owned construction land resumption decision, shall notify the State-owned building land have the right to apply for a hearing.

    State-owned construction land required to hold a hearing, the city and County land and resources departments shall organize a hearing in accordance with the provisions of land and resources hearing.

Written decision of 16th section land idle in the collection and payment of fee and the use of State-owned land resumption decision book shall include the following information:

(A) State-owned construction land use right name or name and address of the person;

(B) the facts and evidence of the violation of laws, rules or regulations;

(C) the type and the basis of decisions;

(D) the method and deadlines for decisions;

(E) applying for administrative reconsideration or bring an administrative suit the ways and terms;

(F) decision of the administrative authority name and the date of the decision;

    (G) other matters of note.

17th State-owned construction land use right shall be from the collection and payment of idle land within 30th fee the day of service of the decision, pay a fee for unused land pursuant to the provisions since the resumption of State-owned construction land use right of decision from the date of delivery in the 30th, to city and County land and resources authorities apply for cancellation of registration of State-owned construction land, returned to the land rights certificates.

    State-owned land for construction purposes for the collection and payment of unused land of decision and the use of State-owned land resumption of decision is dissatisfied, he may apply for administrative reconsideration or bring an administrative suit.

18th state-owned construction land who fails to apply for administrative reconsideration or bring an administrative suit, does not fulfil the relevant obligations, the city and County land and resources departments may adopt the following measures:

(A) fails to apply for State-owned construction land use right to cancel the registration, without surrendering their land-use rights certificates, direct notice cancellation of State-owned construction land registration and land-use rights certificates;

    (B) apply to a people's Court for compulsory execution.
Article 19th on resumption of idle land according to law, city and County departments of land and resources can be used in the following ways:

(A) according to the national policy of land supply, determine the new State-owned construction land utilization;

(B) the Government land reserve;

    (C) damage to farming conditions have not been and cannot be scheduled in the near future construction projects, commissioned by the city and County departments of land and resources on rural collective economic organizations, institutions or individuals back to cultivation.

    Article 20th after idle land disposed of land ownership and land use changes, should be based on the situation on the ground changes in the land use change survey in the year, and in accordance with the relevant provisions of the land alteration registration.

    The fourth chapter in the prevention and monitoring

21st of municipal, County, land and resources administration land shall meet the following requirements to prevent idle land caused by acts of Government, relevant government departments:

(A) land rights clear;

(B) compensation in place;

(C) no law of economic disputes;

(D) the plot locations, the nature, volume and other planning conditions are clear;

    (E) have started to develop other necessary basic condition. 22nd paid use of State-owned land use right contract or a written decision on the allocation of a project should be commenced development, completion time and breach of contract, expressly, provisions are made.

Conventions, regulations start time started developing relevant formalities should be considered the limit of and the actual situation, develop allow reasonable time for start. Because of special circumstances, is not agreed, the provisions commencement date of development, or conventions, the provisions are not clear, one year from the date of the actual delivery of the land developed for the start date.

    Date of the actual delivery of the land to be subject to confirmation time.

23rd State-owned construction land shall, during project development and construction, timely reports to city and County land and resources administration start project development, progress, completion, and so on.

    Use of State-owned land shall be established at the construction site construction project public notice, disclosure of the use of land for construction, construction, commenced the development and completion of the project and land development standards.

    24th State-owned construction land in violation of laws and regulations, and contract, and allocation decision provides malicious hoarding and speculating, and disposed of in accordance with these measures before, city and County land and resources administration shall not accept the land for State-owned construction land for new applications, not for being identified as vacant land transfer, lease, mortgage and registration of changes. 25th of municipal and County land and resources departments should use this information as input to idle land within the administrative area of land market monitoring and supervision system for the record.

Idle land in accordance with the provisions of the disposal after the city and County land and resources authorities shall update the information about the land.

    Idle land not in accordance with the provisions for the record, disposed of 12th provisions of these measures may be taken.

    Article 26th city and County land and resources departments to state-owned construction land idle land information copy to the financial supervision and other departments.

    27th land and resources authorities above the provincial level according to the situation, area of idle land in serious condition, in the annual land-use planning, land use planning, land approval, land supply and restrict new construction land, measures to promote the development and utilization of idle lands.

    The fifth chapter legal liability

    28th of municipal and County departments of land and resources is not in accordance with the paid use of State-owned land use right contract or a written decision on the allocation of contracts, the period of time specified, the condition to deliver the land to the State-owned land for construction purposes, projects do not have commenced development conditions, shall be liable for breach of contract.

29th land and resources authorities above the county level and in violation of these rules, any of the following circumstances shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) violation of the provisions of the article 21st of land, (ii) violation of the provisions of article 24th of this approach accepted by application and with the land registry;

(C) the disposal of idle land in violation of article 25th of this approach;

    (D) the idle does not perform its duty of supervision and inspection of land, idle land investigation, identification and disposal of favoritism, abuse their powers, neglect their duties in.

    The sixth chapter supplementary articles

30th article this way, the following terms mean:

Start development: legally-obtained construction permits, required digging of deep Foundation pit project, excavation is completed using pile Foundation project, into all foundation piles; other items, Foundation construction one-third.

    Investment, involving a total investment: do not include State-owned construction land transfer price, and allocation of the purchase price and pay taxes to the State.

    31st survey of collective-owned construction land idle, identification and disposal, in accordance with the measures the relevant provisions. 32nd article this way come into force on July 1, 2012.