Zhuhai City, Vacant Land Disposal Methods

Original Language Title: 珠海市闲置土地处置办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379352.shtml

Zhuhai city, vacant land disposal methods

    (August 6, 2012, Zhuhai city people's Government, the 8th Executive meeting September 18, 2012 87th Zhuhai city people's Government promulgated as of November 1, 2012) 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 relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

Article identification and disposal of idle land within the administrative area of the city, these measures shall apply.

Military land, and city government agencies, full financial allocations of the public institution's administrative office space, the collective economy organizations retain allocation and free supply of non-profit cultural and educational, health care, municipal infrastructure, Government reserve land not included in the scope of identification and disposal of idle 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.

Article fourth departments of land and resources administration (hereinafter land sector) is responsible for the identification and disposal of idle land.

Development and reform, planning and construction and other administrative departments and real estate registration administration organization in accordance with their respective responsibilities, to make collaborative idle land identification and disposal of related work.

The district people's Government (hengqin new area, economic functional area management) and its relevant departments, Township people's Governments (Street), industrial park, the village (neighborhood) Committee will, in accordance with their respective functions assist idle land within the region identification and disposal. Article fifth idle land into district people's Government (hengqin new area and economic zone) fiscal revenue.

The district people's Government (hengqin new area and economic zone) of idle land management Special Fund should be set up, for use in land sector in the identification and disposal of idle land, and accept the supervision and inspection of auditing and supervision departments.

    Every year according to the actual operational needs of the Government at all levels, budgetary arrangements in vacant land management funds, earmarked for basic management Informationization construction idle land, and found that investigation and evidence collection, identification, measurement, assessment and other idle land disposal.

Chapter II determination of idle land

Article sixth of idle lands in these measures refers to state-owned construction land more than paid use of State-owned land use right (transfer) contracts, the allocation decision or ratification of construction land (construction permit) conventions, set start development date 1 year did not start development of State-owned land for construction.

Has any of the following circumstances should also be identified as vacant land: (A) State-owned construction with to using right paid using (allocated) contract, and allocated decided book or construction with to instruments of ratification (construction with to license) not agreed, and provides started development date of, since State-owned construction with to using right paid using (allocated) contract entered into force, and allocated decided book or construction with to instruments of ratification (construction with to license) issued of day up full 2 years not started development of construction with to.

Sign or handle the paid use of State-owned land use right (transfer) contracts, the allocation decision, in accordance with the paid use of State-owned land use right (transfer) or transfer of the decision finds that the contract, or to build instruments of ratification (construction permit) identified;

(B) does not sign or issue paid use of State-owned land use right (transfer) contracts, the allocation decision or ratification of construction land (building permits), State-owned land use right certificate expiration of 2 years from the date of issue not commenced development of building land;

(Three) has started development but development construction with to area accounted for should started development construction with to total area insufficient one-third or has input funds accounted for total investment insufficient 25%, suspended development construction full 1 years of State-owned construction with to; (four) through transfer way (containing court referee transfer of case) made State-owned construction with to right Hou, State-owned construction with to right people not and land sector again agreed land started development date, since State-owned land right card issued of day up full 2 years not started development of construction with to;

(E) other circumstances as stipulated by laws and regulations. Determination of the investment, according to state-owned construction land by the land Department who is a qualified real estate appraisal certificate issued by the construction in progress assessment report or district people's Government (hengqin new area and economic zone), city-level approved the establishment of industrial parks, development zones and economic functions documentary proof issued by the District identified.

Investment does not include State-owned construction land transfer price, and allocation of the purchase price and pay taxes to the State.

Article seventh and disposal of idle land to land units.

Paid use of State-owned land use right (transfer) contract, allocation decisions, land for construction approval (construction permit), a division of State-owned land use right certificate is inconsistent, to paid use of State-owned land use right (transfer) contract or transfer of the decision of the Division shall prevail.

Eighth land sector have found suspected of constituting the way article sixth 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.

Nineth 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 tenth idle land land sector survey, found that working, you can take the following measures:

(I) asked the State-owned construction land and other relevant personnel;

(B) site investigation, photo taking, video;

(C) check out copy under investigation about land use approval documents, land rights documents and materials;

(Iv) were investigating the use of State-owned land on the relevant description of the situation, and providing related materials;

(E) the land area people's Government (hengqin new area and economic zone), the town (streets), industrial park, the village (neighborhood) planning and construction Committee, development and reform, and other administrative departments and real estate registration authority relating to investigation of land;

(Vi) any other legal means.

11th article has following case one of, belongs to district above Government (cross Piano district, and economic function district CMC) and the land, and planning construction, and development and reform, and environmental, and heritage protection, and military, sector of behavior caused started development delay of, State-owned construction with to right people should in received Idle land survey notice of day up 30th within, to land sector provides land idle reasons description material:

(A) is not in accordance with the paid use of State-owned land use right (transfer) contracts or 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;

(B) supply of land to the Government the rights is not clear, resulting in development of State-owned building land for construction;

(Iii) land-use planning, urban and rural planning law amendment, State-owned land for construction purposes not in accordance with the paid use of State-owned land use right (transfer) or transfer the contract decision agreed construction conditions, rules of use, planning and development;

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

(E) dispose of land-related public petitions does not commence development;

(F) people's Government above zones (hengqin new area, economic functional area management) and construction of land, planning, development and reform, environmental protection, cultural heritage protection, military and other departments to work resulted in State-owned construction land commenced development delays, but except for the State-owned building land led to the violations;

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

(VIII) other acts of Government, government departments concerned. Has Qian paragraph by column case one of of, land sector can to district above Government (cross Piano district, and economic function district CMC) and the planning construction, and development and reform, and environmental, and heritage protection, and military, sector issued assist survey letter, district above Government (cross Piano district, and economic function district CMC) and the planning construction, and development and reform, and environmental, and heritage protection, and military, sector should timely provides written proved material, Determine whether their actions caused State-owned building land commenced development delay and time to act, with the land Department to idle land identified.

People's Government above zones (hengqin new area, economic functional area management) and the planning, construction, development and reform, environmental protection, cultural heritage protection, military and other departments should be responsible for the authenticity of the evidence made available to it.

12th start is due to force majeure such as natural disasters, judicial seizure of delayed development, in accordance with this article 11th regulations.

Article 13th after investigation and verification, in line with the conditions specified in article sixth, constituted of idle land, land Department should be given to the State-owned building land of the certificate of idle land.

Article 14th certificate of the idle land shall contain the following:

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

(B) is located, approved uses of the land, the land use rights property, paid use of State-owned land use right (transfer) contract number or the decision number allocated, approval of construction land (building permits) number, State-owned land use right certificate, and so on;

(C) identify idle land facts and evidence;

(D) the idle causes and finds that conclusion;

(V) identify idle land and acknowledging the date;

(Vi) other matters set forth.
15th due to to the article 11th, 12th provided the cause of idle land, land Department should be given to the State-owned building land of the certificate of idle land, in the book of idle lands identified in the specific idle causes, but do not take land idle and recover the disposal of State-owned construction land without compensation.

Article 16th after issue of the certificate of idle land, land Department shall, in the form of idle land to the public through the portal site locations, 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. 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 of idle land

17th 11th due to these measures, 12th article of idle land, State-owned construction land shall, upon receipt of the vacant land within 10 working days from the date of the certificate, idle land disposal application to land sector, and filed in the initial idle land disposal programme.

18th article land sector should in received State-owned construction with to right people of idle land disposal application of day up 30 a days within, and State-owned construction with to right people consultations determine idle land of specific disposal programme, idle land law has mortgage right or was judicial organ take seized, limit land right measures of, also should notification mortgage right people participation developed disposal programme and sought judicial organ views.

Idle land disposal programme involves the planning and construction of the administrative functions of the Department should also seek the views of relevant administrative departments. Idle land disposal programmes, by the land Ministry reported to the people's Government above zones (hengqin new area and economic zone) approved, in conjunction with the relevant departments to implement.

In accordance with the first paragraph of this article 19th second, fifth item disposal, shall be submitted to the municipal people's Government. 19th idle land disposal programme can choose from the following ways, and shall conform to the paid use of State-owned land use right (transfer) contracts the relevant conventions: (a) start 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) the replacement 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;

(Vi) land sector can also be based on the actual situation 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.

Second disposition in the preceding paragraph applies only to the Government adjusting urban and rural planning, idle land situation.

20th in line with the way sixth circumstances prescribed in the second paragraph of article III of the idle land in accordance with this approach of 17th, 18th, 19th, dispose.

21st 11th due to these measures, the 12th article cause of idle land, any of the following circumstances, disposal of land sector can refer to the article 19th of this approach, developing idle land disposal programmes, reported to the people's Government above zones (hengqin new area and economic zone) approved, in conjunction with the relevant departments to implement.

(A) the use of State-owned land is not in accordance with the provisions of article 17th deadline to submit initial idle land disposal programme;

(B) State-owned construction land idle land disposal is submitted within 30 working days from the date of the initial programme, idle land could not be reached with the land sector specific solutions;

(C) State-owned construction land idle land not reached specific solutions.

Article 22nd paragraph II of this article sixth, 11th and 12th articles things, idle land according to the following pattern: (A) the idle land under 1 years of age, land Ministry reported to the people's Government above zones (hengqin new area and economic zone) after approval, given to the State-owned building land for the collection and payment of unused land of decision, in accordance with the criteria set out in article 31st the collection and payment of unused land.

Idle land shall not be included in the production costs; (B) the land idle for 1 years from the land Ministry reported to the municipal people's Government for approval, to state-owned construction land issued a written decision on the resumption of State-owned construction land, and recover the use of State-owned land without compensation.

Idle land has a mortgage, with a copy to the mortgagee of land.

Article 23rd according to this article 22nd the first deals with idle land, any of the following circumstances shall, in accordance with this article 22nd second disposal:

(A) State-owned land for construction purposes in the collection and payment of idle land within 1 year from the date of delivery of the decision did not start development;

(B) the use of State-owned land in the land idle in the collection and payment of fee decision after the service has been started development of land development and construction should start construction with an area less than one-third or has been put into funds with a total investment of less than 25%, suspension of 1 years ' development and construction.

Article 24th present measures article sixth of the circumstances prescribed in the third paragraph of idle land, any of the following circumstances shall, in accordance with this article 22nd disposal:

(A) the use of State-owned land is not in accordance with the provisions of article 17th deadline to submit initial idle land disposal programme;

(B) State-owned construction land idle land disposal is submitted within 30 working days from the date of the initial programme, idle land could not be reached with the land sector specific solutions;

(C) State-owned construction land idle land not reached specific solutions.

25th land sectors to make the collection of unused land, the use of State-owned land resumption decision, shall notify the decision by State-owned building land, Foundation, and shall have the right to defence and to request a hearing.

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

Written decision of 26th land idle in the collection and payment of charges and the use of State-owned land resumption of decision shall set forth the following:

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

(B) the illegal facts and evidence;

(C) the specific basis for decision;

(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 set forth.

Article 27th resumption of idle land, land planning and construction Administrative Department shall notify the Department of real estate registration authority according to law and cancellation of construction land planning permission and State-owned land use right certificate.

    28th resumed idle land according to law, should be incorporated into government land reserve.

Land idle in the fourth chapter of levy

29th 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, in accordance with the provisions of land idle; overdue payments, the land sector may apply to a court for mandatory enforcement according to law.

Article 30th idle land, land Department once imposed a 1 year of idle land, idle land in accordance with the criteria set out in article 31st, from idle levied from the date. 31st unused land charges each year according to the State-owned building land land 20% of the total price payable for the actual levy. 

Paid use of State-owned land use right (transfer) contract have agreed impose standards on idle land, in accordance with the contract standard taxation. Referred to in the preceding paragraph does not clear the total land price to be paid and payable for the actual land price of industrial land total land area = existing land management requires standard x, total land price to be paid for other = the existing land management x x floor area ratio of land area to the required standard.

Plot ratio of less than 1.0 1.0 per cent basis. Article 32nd idle land transfer, obligations shall pay fees for unused land first before they can transfer a registration.

    Enforcement of the judiciary should be from the use of State-owned land in the disposal price paid on idle land.

The fifth chapter regulation

Article 33rd State-owned construction land shall, during project development and construction, timely report project started to land 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.

34th the Department should set up vacant land checking, file and account statistics systems, the identification of idle land is public, and of the utilization of idle land disposal inspections and follow-up monitoring.

No unit or individual can report on idle land and reflect the situation.

    Article 35th unless outside circumstances prescribed in the 11th and 12th of these measures, prior to the completion of the idle land disposal, property registration authority shall not identified as vacant land transfer, lease, mortgage and registration of changes.

The sixth chapter supplementary articles Article 36th sixth alleged started developing these measures, means after obtaining a construction permit, required digging of deep Foundation pit project, excavation is completed using pile Foundation project, into all foundation piles; other items, Foundation construction one-third.

Work developed by the people's Government above zones (hengqin new area and economic zone) identified by the Administrative Department of planning and construction.
Total investment capital refers to state-owned construction land total direct investment funds for land development, not including State-owned construction land transfer price, and allocation of the purchase price and pay taxes to the State.

1 years ' suspension of development and construction, provided by the Department of land planning and construction administrative departments under the related documents were found.

37th article of the rules take effect on November 1, 2012. As of July 1, 2006 of the implementation measures for the State-owned idle land levy in Zhuhai City (Zhu Fu (2006), 60th) be repealed simultaneously.