State land purchase and reserve in Jinan City approach
(July 18, 2013 Jinan municipal people's Government Executive meeting of the 30th July 20, 2013 Jinan municipal people's Government announced order No. 249, come into force on the date of promulgation) Chapter I General provisions
First for intensive and rational use of land, optimized allocation of land resources, in accordance with the People's Republic of China Law on real right, the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law and the People's Republic of China laws such as town and country planning Act, combined with the city's actual, these measures are formulated.
Second City District (including Jinan development zone) State land reserve and purchase procedures apply.
Article III administrative departments in charge of land and resources of the city municipal district of land purchase and reserve.
Specific work by the Municipal Government of land purchase and reserve gives the institution of land purchase and reserve functions (referred to land purchase and institutions).
Urban development, urban and rural construction, planning, finance, housing management departments in accordance with their respective responsibilities, to do a good job of land purchase and reserve.
Fourth of municipal land and resources administrative departments shall, in accordance with the overall land use planning, urban planning and land use planning, in conjunction with the development and reform, urban and rural construction, planning, finance and other departments to produce annual plan of land purchase and reserve, after the approval of the municipal government and according to the established procedure for the record organization.
Chapter II acquisition
Article fifth land purchases by the land agencies of the following acquisitions:
(A) applications for acquisition of land;
(B) the implementation of urban planning or old city reconstruction needs to be adjusted;
(C) land to continue development and does not have the transfer conditions;
(D) the need to exercise its preemptive right to buy;
(E) other acquisitions.
Sixth application for land acquisition, land use right shall apply in writing to the land purchase body and provide the following materials:
(A) the land, buildings (structures) and appendage ownership certificate;
(B) the relevant rights holders identification;
(C) the relevant topographic information;
(D) the information provided by the other.
Seventh land purchase in accordance with the following procedures:
(A) the land acquisitions;
(B) to the municipal planning departments seek to buy land properties, commissioned the preparation of planning, planning, planning conditions (including land, land use, building density, plot ratio, ratio of green space planning indicator);
(C) for the proposed acquisition of the land and built on the ground (structures), rights relating to the ownership of investigations and audits;
(D) entrust a qualified organizations to acquire land for land surveying and mapping survey delimitation and entrusted with land and housing real estate appraisal assessment aptitude assessment bodies;
(E) with the acquisition of land entered into land acquisition contracts;
(Vi) land purchase by the approval of the land use and building (structures) cancellation of registration or change of the registration of property rights. Article eighth involving homes on State-owned land projects, land purchases agreed acquisition of non-residential housing and land, shall from the date of receipt of the application within 45 days of signing purchasing contracts.
Overdue not signed the acquisition contract, land purchase and agency acquisition programs shall be terminated and shall inform is imposed by the housing sector.
After Nineth land acquisition applications, land should be to keep the land and the building (structure) the status quo, no leases or mortgages hinder the land acquisition Act. Article tenth of the land acquired shall enter into a contract.
Land purchase contract shall include the following:
(A) name, address, legal representative of the acquisition of land use rights, and four to scope, level, location, land area, purpose, built on the ground (structures) real situations and real estate ownership;
(B) land purchase and compensation and measures for its implementation;
(C) the terms and modalities of land;
(D) rights and obligations of both parties;
(V) liability for breach;
(F) handling of disputes;
(G) other relevant matters.
11th after signing the contract, land reserve institution shall notify the planning, urban and rural construction, housing management sectors are no longer for land approval procedures.
12th land acquisitions into assessing acquisition and land acquisitions divided into two ways.
Planning for non-business purposes, should be to take assessments takeover; planning for business use, you can evaluate acquisition, land purchases agreed to take the land into acquisition mode.
Comprehensive development and construction in the same area, price of land purchase under the same conditions should follow consistent principles.
Specific criteria and measures shall be formulated by the municipal administration of land and resources authorities and approval by the municipal government.
13th land transferred land by a transfer, transfer price 20% per cent lower than the calibration land, land purchase and agency preference. Article 14th land acquisition assessment divided into land evaluation, construction (structure) assessment and comprehensive evaluation of the real estate.
Allocated land according to the original purposes of assessment; land assessment according to the original purposes of the remaining operational life.
Buildings (structures), renovation of buildings according to their structure and built, according to assess the replacement cost approach.
Comprehensive appraisal of real estate, according to the location, uses, structures, decoration, built, according to the real estate market assessment.
15th land by storage agencies shall be selected by tender land mapping, land valuation and the building (structure) assessment and other intermediary bodies.
16th section land storage agencies shall hold a land purchase contract and municipal approval documents to the land resources and housing management Department for land use rights, property rights, cancellation or alteration registration procedures.
17th land reserve institution at the time of acquisition of land, construction dispute (structures) acquisition cost can be deposited by statutory bodies.
Chapter III the land reserve
18th land into the scope of land reserves in the following:
(A) the resumption of State-owned land in accordance with law;
(B) the purchase of land;
(C) it has been land of farmland conversion and land requisition approval;
(D) other lawfully obtained the land.
Land set out in the preceding paragraph, in accordance with the law of the land and building (structure) of registration into the Government reserve.
Before 19th reserve land for land reserve institution may reserve of land alone or in conjunction with the construction (structure) of rent, mortgage or for temporary use, paying market-level Treasury income, according to "two lines of income and expenditure" management.
Article 20th major source of funds for land purchase and reserve:
(A) land purchase funds of the financial sector;
(B) arrangements for land reserves of State-owned land income fund funds;
(C) land reserve institution to borrow loans;
(D) the interest of these funds;
(E) other funds for land purchases. 21st the land purchase funds should be earmarked.
Financial and auditing departments should strengthen the supervision and management of the land purchase funds.
The fourth chapter legal liability 22nd in land acquisition, acquisition of land did not provide truthful information or provision of false information by the municipal land and resources administrative departments shall be ordered to correct.
Losses, it shall make compensation for the economic losses.
Article 23rd land purchase and reserve in dereliction of duty, abuse of authority, or taking advantage of his position to solicit or illegally accepting other people's property, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
The fifth chapter by-laws
Article 24th in each County (City) of land purchase and reserve in accordance with the measures implemented. 25th article this way come into force on the date of promulgation. January 7, 2008 of the Jinan municipal people's Government announced measures on State-owned land purchase and reserve (Government order No. 230) repealed simultaneously. These measures prior to the implementation of projects involving State-owned land on the housing levy has made demolition permit or House acquisition decision has been taken, or approved by the municipal people's Government has launched reconstruction projects need to buy land, continue to adopt the existing regulations.