Idle Land, Hainan Province, Identification And Disposal

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399392.shtml

Idle land, Hainan Province, identification and disposal

    (September 6, 2013 consideration at the six provincial Government Executive meeting of the 10th through September 23, 2013 publication come into effect November 1, 2013, Hainan Provincial people's Government order No. 247) Chapter I General provisions

    First for efficient disposal of idle land and to make full use of land, promotion of economical and intensive land use, in accordance with the People's Republic of China land management law, the People's Republic of China on urban real estate administration law and the Hainan special economic zone Ordinance of land management laws and regulations, combined with the facts of the province, these provisions are formulated.

Second idle land in these rules refers to one of the following circumstances State-owned construction land:

(A) start over development date 1 year did not start development;

(B) development dates over 2 years to complete the project commenced more than 25% of the total investment;

(C) under development but the construction area should start construction with an area less than 1/3 or has insufficient investment in total investment 25%, suspension of 1 years ' development and construction;

    (D) other circumstances as stipulated by laws and regulations.

Article city and County, autonomous county people's Government shall be responsible for the recognition and handling of idle land within the administrative area.

Cities, counties, autonomous counties land administrative departments in charge of the vacant land within the administrative area identification and disposal of work organization.

Cities, counties, autonomous counties of development and reform, planning, construction and other sectors according to their respective functions together do recognition and disposal of idle land.

    Vacant land where Township people's Governments, neighborhood offices assist in the recognition and handling of idle land.

    Article idle land disposal should conform to the 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.

    Chapter II determination of idle land

Fifth article of the provisions referred to in article started to develop in accordance with the following criteria:

(A) required digging of deep Foundation pit project, excavation is completed;

(B) the use of pile Foundation project, into all foundation piles;

    (C) other projects, the Foundation completed more than 1/3.

    Sixth article this provides second article by said started development date, according to state-owned construction with to using right paid using contract agreed or allocated decided book provides finds; no agreed, and provides or agreed, and provides not clear of, to actual delivered land of day up 1 years for started development date; actual delivered land date not clear of, to issued land right card of day up 1 years for started development date.

The seventh article of the provisions referred to in article development and construction should commence with a total area of, according to state-owned construction land made use of State-owned land use right according to law after construction of buildings or structures as a land area of identification.

    Started land development and construction in the development and construction should commence with a total area of land for State-owned construction land area has actually started development of identification.

Article idle land according to the paid use of State-owned land use right contract or allocation decision provides an area for identification.

    Due to special reasons need to split the certification shall be in accordance with the Division of the land area of renewal of paid use of State-owned land use right contract or re-issuance of the allocation decision.

    The Nineth paid use of State-owned land use right contract or transfer decisions regulations or other State-owned land for construction approval document stage construction, in accordance with the scope of construction by stages identify idle land.

The tenth article of the provisions referred to in article total investment in State-owned construction land use right paid use of contracts identified; not stipulated in the contract, be identified in the manner established under the people's Government above the county level.

Investment refers to the use of State-owned land people have put total funds for land development and construction.

    Total investment, investments, not including State-owned construction land transfer price, and allocation of the purchase price and pay taxes to the State.

11th municipalities, counties, autonomous counties land administrative departments found to have idle land under these provisions shall constitute a second article, should be found within 30th of investigation and verification, issue State-owned construction land idle land to notice of investigation.

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

    12th municipalities, counties, autonomous counties Department of land administration of idle land investigation to verify the relevant material should be, constituted of idle land, after investigation and verification of the material should be reported to the people's Governments at the same level found.

13th under any of the following circumstances, can be identified as causes or the relevant government departments of the Government (hereinafter referred to as the Government cause) resulting in unused land:

(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 construction land cannot follow the paid use of State-owned land use right contract or allocation decision under conditions of use, planning and building development;

(C) national and local enact policies needs to contract or under planning and construction to modify the content or policy affecting land development conditions, leading to construction of development;

(D) from the failure of administration according to law relating to land development and construction of administrative permission, leading to construction of development;

(E) disposal due to administrative acts related to land mass petitions, leading to construction of development;

(Vi) due to martial law, cultural heritage protection and development of municipal construction and other causes could not be started;

    (VII) other circumstances as stipulated by the national and provincial.

    14th caused by Government land is unused, determines the departure time, you can deduct the Government's reason for idle land, excluding idle land continues to meet the conditions, can be identified as caused by the non-governmental land idle.

    15th due to natural disasters such as typhoons, floods, earthquakes or other unforeseeable, unavoidable and insurmountable circumstances cause the idle land, shall be deemed as force majeure idle land.

    The 16th city, County, autonomous county people's Government review found to meet the conditions specified in idle land, construction idle land, cities, counties, autonomous counties land administrative departments should be given to the State-owned construction land idle land certificate.

17th certificate of idle land shall contain the following particulars:

(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.

18th idle lands found after the book was released, cities, counties, autonomous departments in charge of land through the Government Web site in the form of idle land to the public, the State-owned construction land use right name cause idle, idle time, and other information.

Provincial land administrative departments should timely summary city, counties, autonomous counties reported by the Department of land administration of idle land information, and public on a Government website.

    Idle land not disposed before the completion of, relevant information should be made public.

    Chapter III disposal of idle land

19th caused by Government land idle, municipalities, counties, autonomous counties land administrative departments may already have started developing conditions and projects in line with industrial policies, have already implemented projects of idle land, start extended deadline, and 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 development period should not be longer than 1 year.

    20th due to Government, Government to adjust land use and planning conditions of idle land, land administrative departments of cities, counties, autonomous counties consultation with State-owned building land in accordance with the revised land use and planning criteria related to procedures, accounting, collection or refund the price of land. 21st is not caused by government projects have commenced development conditions cause the idle land, start without conditions during the cities, counties, autonomous counties land administrative departments can arrange State-owned building land for temporary use of the idle land. From the date of temporary use and temporary use period shall not exceed 2 years.

    Projects have commenced development conditions, State-owned building land for construction in accordance with identified in consultation commenced development time. 22nd due to land-use planning, urban and rural planning law modifying the land idle, city and land administrative departments of counties, autonomous counties for bidding, auction and listing methods make use of State-owned land, and has paid the price, the implementation of project funding for other State-owned building land for replacement value, use and life of the same State-owned land for construction.

    Involving the transfer of land, should sign a new contract of paid use of State-owned land use right, and indicated in the contract for the replacement land. 23rd article for Government reasons caused land idle, city, and County, and autonomous Government and State-owned construction with to right people consultations to extended started development term, and adjustment land uses, and planning conditions and replacement land way disposal idle land of, can in added agreement or again signed of State-owned construction with to using right paid using contract in the agreed land utilization performance margin, clear performance margin of amounts, and returned conditions and default responsibility, matters.

    City, County, autonomous county people's Governments shall strengthen the supervision of land exploitation and utilization of performance bonds, shall not be occupied, misappropriation.

    24th caused by Government land idle, municipalities, land administrative departments of counties, autonomous counties and State-owned construction land agreements paid to recover use of State-owned land.

    The 25th caused by Government land idle, municipalities, counties, autonomous counties land administrative departments according to the actual situation to other disposal methods.

    26th article of idle land due to force majeure, in accordance with disposal caused by Government of unused land.

    27th due to the Government cause and is caused by force majeure of idle land, land administrative departments of cities, counties, autonomous counties shall be developed after consultation with State-owned construction land idle land disposal programme implementation reported to people's Governments at the same level for approval.

28th article of non-idle land due to Government and force majeure reasons, start over development start date 1 year 2 years of age do not develop, and the people's Governments of counties, autonomous counties, collecting idle land according to following standards:

(A) to state-owned construction land transfer made, in accordance with the land grant 5% to 20% collection;

(B) obtaining land by leasing, contract, in accordance with 20% to 50% for rent, contract payments that year collection;

    (C) allocation of obtaining the land, in accordance with the allocation of 5% to 20% of the price collection; no transfer price, according to the Government's allocation of land acquisition cost of 5% to the 20% collection.

Article 29th of non-idle land due to Government and force majeure reasons, with one of the following circumstances, city and people's Governments of counties, autonomous counties can recover the use of State-owned land without compensation:

(A) start over development date for 2 years did not start development;

(B) development dates over 2 years to complete the project commenced more than 25% of the total investment;

    (C) other circumstances as stipulated by laws and regulations.

    Article 30th caused by reasons other than the Government and force majeure of idle land, cities, counties, autonomous counties land administrative departments should develop idle land disposal programmes, reported to people's Governments at the same level for approval, issued by the State-owned construction land idle land fee collecting decisions or recover the written decision on the use of State-owned land.

31st the collection and payment of unused land decision and recover the written decision on the use of State-owned land should include the following:

(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.

Articles 32nd to non-government cause and is caused by force majeure of idle land, cities, counties, autonomous counties land administrative departments in the people's Government at the collection and payment of unused land or recover the use of State-owned land before a decision, it shall notify the State-owned building land have the right to apply for a hearing.

    State-owned construction land required to hold a hearing, cities, counties, autonomous counties land administrative departments shall organize the hearing. 33rd article free recovered state-owned construction with to right of, State-owned construction with to right people should since free recovered state-owned construction with to right decided book served of day up 30th within, law handle state-owned construction with to right cancellation registration, make back land right certificate; replacement land, and agreement paid recovered state-owned construction with to right of, State-owned construction with to right people should according to city, and County, and autonomous land administrative competent sector provides of time law handle state-owned construction with to right cancellation registration,

Returned to the land rights certificates.

Fails to apply for cancellation of registration, cities, counties, autonomous counties land administrative departments can notice cancellation of State-owned construction land registration and land-use rights certificates.

    After taking back State-owned construction land according to law, State-owned land for continued occupation of land for construction purposes, be dealt with according to the law illegally.

    34th idle land collecting charges, the State-owned construction land idle land shall levy charges from the date of service of the decision in the 30th, in accordance with the provisions of land idle; fails to pay, by cities, counties, autonomous counties land administrative departments shall apply to a people's Court for compulsory execution.

35th city, the land administrative departments of counties, autonomous counties should be through direct service, Lien delivered, mailed or transmitted to the service, such as service, idle land identification and disposition of the relevant instruments served on State-owned land for construction purposes. Addressee unknown cannot be served in accordance with the provisions of the preceding paragraph, land administrative departments of cities, counties, autonomous counties should be at the Hainan daily and provincial land administrative departments serve a notice on the Web site.

    Spontaneous announcement date, after 60 days, the service shall be considered.

Article 36th on back of idle land according to law 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, city, land administrative departments of counties, autonomous counties commissioned the rural collective economic organizations, institutions or individuals back to cultivation.

    After the 37th 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.

    Article 38th of idle land disposal after the city and County land administrative departments of counties, autonomous counties should be free to the public through Government websites and other forms of land disposal, treatment results and other related information.

    The fourth chapter, supervision and inspection

    39th cities, counties, autonomous counties dispose of idle land with outstanding performance, the provincial land administrative departments can increase the added construction land use plan targets for next year; poor cities, counties, autonomous counties dispose of idle land, land administrative departments of the province can deduct the added construction land use plan targets for next year.

40th serving the people's Governments above the county level shall comply with the following requirements to prevent idle land caused by acts of Government, relevant government departments:

(A) land tenure is clear;

(B) compensation in place;

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

    (D) have started to develop other necessary basic condition.

41st 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.

    42nd reform of the people's Governments above the county level development, planning, construction and other competent administrative departments shall timely land development and construction of administrative permission.

    43rd municipalities, counties, autonomous counties idle land land administrative departments shall establish a system of inspection, do a daily dynamic inspection of land exploitation and utilization and inventory on a regular basis, urging State-owned building land for timely development and utilization of land.

    44th state-owned construction land shall, during project development and construction, to the city and County land administrative departments of counties, autonomous counties begin reporting project development, development progress, and so on.

45th of municipal, County, autonomous county land administrative 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 administrative departments of counties, autonomous counties shall promptly update the information about the land.

    In accordance with the disposal of idle land, not in accordance with the first paragraph of this article for the record, cities, counties, autonomous counties land administrative departments should be explained the reasons for not filing.

    The fifth chapter legal liability

    46th city and County land administrative departments of counties, autonomous counties are 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 bear the liability for breach; officials and other responsible persons in accordance with relevant regulations, accountability and administrative sanctions.

47th staff of the relevant departments of the people's Governments above the county level and in violation of these provisions, any of the following circumstances shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) does not provide for identification and disposal of vacant land;

(B) violation of the provisions of article 40th supply land, idle land;

(C) does not perform its duty of supervision and inspection of the idle land;

(D) development and reform, the people's Governments above the county level planning and construction not legally approved by the Administrative Department of land development and construction related to the administrative licensing;

    (E) other vacant land identification and disposal of dereliction of duty, abuse of power, favoritism, corruption and bribery.

    The sixth chapter supplementary articles

    48th identification and disposal of collective construction land idle, reference to the relevant provisions of the regulations. 49th article of the regulations come into force on November 1, 2013. On April 2, 2001, Hainan Province, Hainan Provincial people's Government released the use of idle land disposal regulations repealed simultaneously.