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Idle Land, Hainan Province, Identification And Disposal

Original Language Title: 海南省闲置土地认定和处置规定

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Land determination and disposal provisions in the Southern Province

(Adopted by the 10th ordinary meeting of the 6th meeting of the Government of the Southern Province on 6 September 2013, No. 247 of 23 September 2013, Publication of People's Government Order No. 247 of 1 November 2013)

Chapter I General

Article 1 provides for the effective disposal of unused land and the full use of land for the savings of some land, in accordance with laws, regulations, such as the People's Republic of China's Land Management Act, the People's Republic of China's Urban Property Management Act and the Land Management Regulations of the Sea-South Economic Zone.

Article 2, paragraph 2, refers to the State-building land referred to as one of the following conditions:

(i) More than one year of unmovable work development;

(ii) A total of 25 per cent of total outstanding project investments over the date of movable work development;

(iii) The total area of movable work development, but the development of a land area, which is under one third of the total area of movable industrial development, or an investment of less than 25 per cent of total investment, and the discontinuation of the development of construction of a year;

(iv) Other cases provided for by law, regulations.

Article 3. The communes of the city, the district and the self-government are responsible for the use of land identification and disposal in the current administration.

The municipal, district and autonomous district land administration authorities are responsible for the implementation of organizations working in the area of land ownership and disposal.

Sectors such as urban, district, self-government sector development reform, planning, construction are synergistic with their respective responsibilities for land identification and disposal.

The communes of the communes of the communes of the land, and the street offices assist in the identification and disposal of land.

Article IV. Land disposal should be consistent with the overall land-use planning and urban and rural planning, in accordance with the principles of the law, the promotion of the use, guarantees of rights and public information.

Chapter II Determination of landless land

Article 5

(i) Projects requiring the exhumation of deep-rooted pits, which are closed;

(ii) The use of ground-based projects and the entry of all basics;

(iii) Other projects to complete land-based construction more than one third.

Article 6, paragraph 2, states that the date for the development of the flora and fauna referred to in article 2, is determined by a contractual agreement or a decision making for the use of the right of State-building in accordance with the terms of the State's construction of the right to use the contract or the transfer of the decision; there is no agreement, provision or agreement, provision of a non-ambiguous provision for the date of the actual delivery of the land for the development of the work.

Article 7 states in Article 2 that the total area of construction of land shall be determined by the State-building of the use of the right of the owner to obtain a state-owned construction of the building or the area of land covered by the law after the use of land.

The area of construction of ground has been determined by the construction of a land area in China, where the total area of construction of land has been developed by the movable industry.

Article 8. Removal land area is determined in accordance with the State's contract agreement on the use of the right to use the land in a reimbursable manner or the area specified in the decision sheet.

For special reasons, the granting of a licence should be re-established in accordance with the divisional land area for the use of a reimbursable contract for the use of a State's land area or a re-producing decision.

Article 9 provides for the construction of a State's right to use a contract agreement, the allocation of a decision provision or other state-owned approval of the document, which determines the area of land in the range of constructions.

Article 10, paragraph 2, of the present Article states that the total amount of investment referred to in Article 2, is determined by the agreement of the State to establish a remunerated use of the contract, which is not agreed by the contract and is determined in the manner determined by the Government of the people at the district level.

The amount of investment has been made to the total amount of funds already invested in land development by State-owned land-based users.

Total investment, already invested amounts do not include the use of State-building rights to make money, the allocation of prices and the related tax fees paid to States.

Article 11 Land administration authorities in municipalities, districts and autonomous districts have found that land is suspected to constitute the land for which the provisions of Article 2 of this Article are to be verified within 30 days of the discovery and the issuance of a notification of land survey to the State-owned land-use-use holder.

A State-building land-use holder shall, within 30 days of the date of receipt of the notification of the land survey, material such as the request for land development, the reasons for the difference, and the relevant notes.

Article 12 Land administration authorities in municipalities, districts and autonomous districts should conduct investigations into the relevant materials on land tenure, which form the land of the land, and shall report the material verified after the investigation to the same level as the Government of the population.

Article 13 is one of the following cases, which may be found to be the cause of land for the Government or the relevant government sector (hereinafter referred to as the Government's reasons):

(i) The project does not have the conditions for the development of the flora and fauna owing to the absence of a contract for the use of the land by the State in accordance with the State's authority for the use of the land or the agreement for the transfer of decisions, the time period specified, the conditions for the transfer of the land to the State-building of the owner;

(ii) In the context of overall land-use planning, rural and urban planning, changes are made to the law, resulting in the inability of State-owned land-use holders to develop contractual agreements for the use of land-uses in accordance with the State's right to use, planning and construction conditions, as set out in the decision sheet;

(iii) Changes in agreed or mandated planning and construction conditions or policy content affect land development due to relevant policies at the national and local levels, resulting in unmovable work development;

(iv) The failure of the executive branch to carry out administrative licences related to land development, in accordance with the law, has resulted in the inability to develop the work;

(v) As a result of administrative acts, mass correspondence on land disposal, etc., has resulted in unmovable work development;

(vi) For reasons such as military control, the protection of property, and the construction of municipalities, this could not be developed;

(vii) Other cases provided by the State and the Government of the province.

Article XIV, which results in the loss of land for government reasons, has the time to be determined, may deduct the time of land for the reasons of the Government and, after deducting the land conditions that are still in place, may determine that land is left unused for non-governmental reasons.

Article 15. Natural disasters, such as cyclones, floods, earthquakes, or other circumstances that cannot be foreseen, cannot be avoided and cannot be overcome, lead to land sequestration, should be determined as a force majeure causing land sequestration.

Article 16 The Government of the city, the district and the self-governing territories examines the determination to be consistent with the conditions of the land for which the land is set aside, and the land administration authorities in the city, the district, the autonomous district should provide the State-owned landowner with the release of the land.

Article 17

(i) The name or name, address of a person who uses the right in the State building;

(ii) The basic situation of the land left;

(iii) Confirmation of the fact that the land is in place;

(iv) The reasons for departure and the determination of conclusions;

(v) Other matters requiring clarification.

After the release of land titling documents, municipal, district and autonomous district land authorities should make available information, including through the Government's website, on the location of the land openly removed by the community, on the name of the State-owned landowners, on time of departure and on the grounds of the land.

The provincial land administration authorities should provide a timely overview of the landless information reported by the municipal, district, autonomous district land administration authorities and be made available on the Government website.

Unless land is disposed of, the information should be kept open.

Chapter III

Article 19, which causes land for the reasons of the Government, the Land Administration authorities in the city, the district, the autonomous district may redeploy the responsibility for the development, completion and default of the flouting of the project, in accordance with the industrial policy, the implementation of the project funds, the extension of the period of development of the movable industry and the conclusion of supplementary agreements.

Since the date for the development of passive workers agreed upon in the supplementary agreement, the extension of the development period shall not exceed one year.

Article 20 provides for the reallocation of land due to changes in land use, planning conditions in the Government, and municipal, district and autonomous land administration authorities may consult with State-owned land-use holders to reorganize, collect or return land prices in accordance with the adjusted land use, planning conditions.

Article 21, which has been caused by the Government's reasons, does not yet have the conditions for the development of the flora and fauna, and during the absence of conditions for the development of the movable industry, the land administration authorities in the city, district and autonomous districts may arrange for the temporary use of their land by the State-owned landowners. From the date of the provisional use, the duration of temporary use should not exceed two years. After the project has the conditions for the development of movable workers, the State builds on the time of development of movable workers as determined by the consultation.

Article 2 provides for the acquisition of State-owned land-use-based land-use master planning, urban and rural planning by law, resulting in land sequestration, for example, in the city, district, autonomous district land administration authorities may obtain power to build land in the form of solicitation, auctions, walls, and for the State-building of land-based loans, the implementation of project funds to replace other land-uses with the same value, use and duration. In relation to the provision of land, a contract for the use of a State's right to use a land for the purpose of construction should be re-established and the replacement of the land is indicated in the contract.

Article 23, which causes land sequestration by reason of the Government, is negotiated by the municipalities, districts, self-governing authorities and state-owned land-use holders to extend the duration of the development of the movable work, adjust the land use, plan conditions and dispose of land for disposal of the land in the form of a supplementary agreement or a re-established State-building land-use-use contract, agreeing on land-use assurance, specifying the amount of the performance bond, the conditions of return and default liability. Governments of municipalities, districts and self-governing districts should strengthen the regulation of land development using performance bonds without occupancy or diversion.

Article 24 gives rise to land sequestration for government reasons, and municipal, district and autonomous land administration authorities may and state-owned land-use-use-rights agreements have the right to reclaim State-building.

Article 25, which causes land spoilers for government reasons, can provide for other disposal in accordance with actual circumstances.

Article 26 is disposed of in accordance with the provisions that cause land for government reasons resulting from force majeure.

Article 27, for reasons of government and force majeure, created land sequestration, and municipal, district and autonomous land administration authorities should develop, in consultation with State-owned land-use holders, a land-use disposal programme, which was approved by the Government.

Article 28 does not cause land for governmental reasons and force majeure, and exceeds the date of the development of the movable worker for a period of 1 year, the Government of the urban, district, self-governing areas pays for land in accordance with the following criteria:

(i) The right of State-building to use land in a way that allows them to be paid by 5 to 20 per cent of the land;

(ii) The acquisition of land-use rights by leasing and contracting means, with the payment of 20 to 50 per cent of the year's rent, the contractor's payments;

(iii) The acquisition of land-use rights by means of allocation of between 5 and 20 per cent in accordance with the allocation of funds;

Article 29 does not cause land for government reasons and force majeure, but is one of the following cases where the Government of the urban, district, self-governing State has the power to reclaim the use of State-owned land without compensation:

(i) More than two years of unmovable work development;

(ii) A total of 25 per cent of total outstanding project investments over the date of movable work development;

(iii) Other cases provided for by law, regulations.

Article 33 provides for the non-representation of the Government's causes and force majeure, the Land Administration authorities of the city, the district, the autonomous district should develop a land-use disposal programme, which is submitted to the Government of the same-ranking people for the use of the holder in the construction of the land forfeiture or the recovery of the State's land-use decision.

Article 31 shall include the following:

(i) The name or name, address of a person who uses the right in the State building;

(ii) Facts and evidence in violation of laws, regulations or regulations;

(iii) Types and basis for decisions;

(iv) The manner and duration of implementation of decisions;

(v) To apply for administrative review or the manner and duration of administrative proceedings;

(vi) The name and date of the decision of the executive body;

(vii) Other matters requiring clarification.

Article 32 provides for the use of land by State-owned landowners to be informed in writing prior to the decision of the Government of the same-ranking people to make the payment of land-breaking fees or to recover the use of State-owned land.

State-building authorities are required to hold hearings, and municipal, district and autonomous land administration authorities should organize hearings in accordance with the law.

Article 33 reclaims the right of State-building to use land without compensation and the use of land by the State-owned landowner shall, within 30 days from the date of the release of the State-owned decision on the use of land-building, be carried out in accordance with the law, by means of a written-off registration of the land rights certificate; the replacement of land, agreement with the right to reclaim the use of State-owned land, the use of land by State-owned landowners shall be carried out in accordance with the time required by the municipal, district, self-government authorities to register land rights.

Unregistered write-offs may be issued directly by land administration authorities in the city, the district, the autonomous district.

After the right of State-building to use land has been restored by law, the use of land by the State-building authority continues to occupy the land and is treated in accordance with the law.

Article 34 quantification of land-using fees, and the use of land by State-owned landowners shall, within 30 days of the date of the decision to pay the land for the release of the landless leave; the payment of the land in accordance with the provisions; and the failure to pay, the enforcement of the People's Court is governed by the law by the authorities of the municipal, district and autonomous land administration authorities.

Article XV Land Administration authorities in the city, district and autonomous districts should send the relevant instruments of land ownership and disposal to state-owned landowners, including through direct delivery, retention, mailing or transmission.

The whereabouts of the people are unknown to be sent under the provisions of the preceding paragraph, and the Land Administration authorities in the city, the district, the autonomous district shall send a notice to the Island South Day and the provincial Land Administration website. From the date of the announcement, 60 days have been considered to be delivered.

Article XVI allows for the use of the following means of the land recovered by law:

(i) Determining the development of new State-building power-holders based on national land supply policies;

(ii) Integration into Government land reserves;

(iii) The conditions for farming are not destroyed and, in the near future, the construction project is not possible by the authorities of the municipalities, districts, self-governing land administrations, which are entrusted with the rehabilitation of arsenal economic organizations, units or individual organizations.

Article 337 Changes in land ownership and land use after the disposal of land by law should be based on changes in land change surveys in the field and registration of land changes in accordance with the relevant provisions.

With the end of the thirty-eighth land disposal, the authorities of the land administration in the city, the district, the autonomous district should make available information, including through the Government's website, on the way in which the land is disposed of and the outcome of the disposal.

Chapter IV Oversight inspection

Article 39 of the municipalities, districts and autonomous territories disposed of landless land performance highlights, and provincial land administration authorities may, accordingly, increase their new land-use planning targets for the next year; and municipalities, districts and self-government districts dispose of land inflexible land, and provincial land administration authorities may accordingly detract from their new construction plan targets for the next year.

Article 40

(i) The right to land is clear;

(ii) Reimbursement for implementation;

(iii) Planning conditions, such as location, use of nature and absorption rate, are clear;

(iv) Other basic conditions necessary for work development.

Article 40 provides for a clear agreement, provision, for example, on the development, completion of work hours and default responsibilities of project agents, for the use of contracts or for the allocation of decisions by State-owned construction.

It was agreed that time frames and actual circumstances for the processing of the relevant procedures required for the development of passive workers should be taken into account in an integrated manner, leaving reasonable time for the development of movable workers.

In accordance with article 42, the executive authorities, such as the development reform, planning, construction, etc., at the district level, should deal in a timely manner with the construction of administrative licences for land development.

Article 43 thirteenth Land Administration authorities in municipalities, districts and autonomous districts should establish a system of land inspection, conduct daily dynamic inspections and regular inspections of land exploitation, and promote the timely development of land use by State-owned landowners.

Article 44 build-up land use rights shall report on the development, development and progress of projects to municipal, district and autonomous land administration authorities in a timely manner during project development.

Article 445 Land Administration authorities in municipalities, districts and autonomous districts should register land information in the current administrative area on land market dynamics monitoring and regulatory systems.

Unless land is disposed of in accordance with the provisions, the land administration authorities in the city, the district, the autonomous district should be updated in a timely manner.

Unless land is disposed of in accordance with this provision, municipal, district and autonomous land administration authorities should explain the reasons for the failure.

Chapter V Legal responsibility

Article 46 of the Communiqués of land administrations in the city, the district, the autonomous district shall be held in accordance with the law of default; accountability and administrative disposition of the owner and other responsible persons in accordance with the relevant provisions.

Article 47

(i) No determination and disposal of land for use as prescribed;

(ii) The provision of land in violation of article 40 of this provision, resulting in the loss of land;

(iii) Non-compliance with the responsibility for inspection of landless land tenure under the law;

(iv) The executive authorities, such as the development reform, planning, construction, etc., at the district level, do not authorize, in accordance with the law, the construction of relevant administrative licences for land development;

(v) Other omissions, abuse of authority, provocative fraud, corruption and bribery in the context of land identification and disposal.

Annex VI

Article 48 provides for the implementation of the relevant provisions in the light of the determination and disposal of all groups to build groundlessly.

Article 49 On 2 April 2001, the provisions on the disposal of landless buildings in Southern Province, issued by the Government of the People of the Southern Province, were repealed.