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Zhuhai City, Vacant Land Disposal Methods

Original Language Title: 珠海市闲置土地处置办法

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Alternative land disposal options in the jewell City

(The 8th ordinary meeting of the People's Government of the city of jewell, 6 August 2012, considered the publication, effective 1 November 2012, of Decree No. 87 of 18 September 2012.

Chapter I General

Article 1 provides for the effective disposal and full use of land, regulates land market practices and promotes the savings of some land and develops this approach in line with the relevant laws, regulations and regulations.

Article 2

The executive office of the communes of the communes of the communes, the treasury of the funds, the place of collective economic organizations and the non-profit cultural education, health, municipal infrastructure, the use of government reserves are not included in the identification and disposal of the land that is left behind.

Article 3 Leave land disposal should be consistent with the overall land-use planning and urban and rural planning, consistent with the principles of law, promotion of the use, security of rights and public information.

Article IV. The Land Resources Administration (hereinafter referred to as the Ministry of Homeland) is responsible for the identification and disposal of landless land.

In accordance with their respective responsibilities, the executive authorities, such as development and reform, planning, and the property registration management body, are working together on land ownership and disposal.

The People's Government of the District (Yangino New Zone, Economic Functional Commission) and its relevant departments, the Government of the Town (Ken Street Office), the Industrial Parks Commission, the Village (GLG) Commission, assist in the identification and disposal of land that is in the region in accordance with their respective responsibilities.

Article 5 The Government of the People of the Region (Bangino New Zone, Economic Functional Commission) should establish specific funds for the management of landless land, dedicated to the identification and disposal of landless land in the land sector, and receive inspections in the areas of audit, inspection.

Each year, the Government organizes funds for the management of land from the financial budget, based on actual work needs, dedicated to the construction of information on the basis of the land management base and the identification of land titling, disposal, etc.

Chapter II Determination of landless land

Article 6. This approach refers to the State-building of land-use-use rights (referred) contracts, the transfer of decisions or the establishment of a territorial instrument of ratification (building of land-based permits), the establishment of an established movable land for the development of a movable industrial development at the end of 1 year.

In one of the following cases, it should also be determined that the land should be removed:

(i) The use of the right to use (referment) contracts, the transfer of decisions or the construction of a territorial instrument of ratification (building of a land permit) has not been agreed, the establishment of a date for the development of the flora and fauna and the use of a reimbursable use (designment) contract entry into force of the contract, the transfer of decisions or the construction of a land-use instrument (building of a land permit) for the use of the construction of no-movable land for two years. A contract (deferment) for the use of State-owned land has been signed or processed, for the transfer of decisions, which are determined by the State's right to use (designation) contracts, for the transfer of decisions, in accordance with the State's right to use the place of use, or otherwise, for the purpose of building a local instrument of ratification (referral licence);

(ii) The use of remunerated (transfer) contracts, the transfer of decisions or the building of a territorial instrument of ratification (building of land-use permits) has not been signed or processed by State-owned land-use rights certificates, and the construction area developed by unmovable workers for a period of two years from the date of issuance of the national land-use permit;

(iii) The development of a land area that has been developed but has resulted in less than one third of the total area of movable engineering development or has been invested to account for less than 25 per cent of total investment, and the suspension of the development of a State-building area that has reached 1 year;

(iv) After the transfer of means (in cases where the court has decided to have access to the use of the State for the construction of the land use authority, the construction of the land use authority by the State has not been agreed with the land-use sector to re-establish the land-moval development date, and the construction of the land area developed by the State Land Use Certificate after 2 years;

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

Funding is determined by the territorial sector as a result of a written certificate of the Industrial Parks, the Development Zone and the Economic Functioning Zone, commissioned by the State-owned Real estate assessment body, or by the Government of the District (the Yochen New Zone, the Economic Functioning Zone Commission), the industrial parks established at the municipal level, which are approved above. Invested funds do not include the use of royalties, the allocation of prices and the related tax payments paid to States.

Article 7 determines and disposes of the land in the name of the land.

The use of rights by State-building in a reimbursable manner (transfer) contracts, transfer of decisions, construction of a territorial instrument of ratification (building of a land-use permit), inconsistencies in the State's land-use certificate, and the use of a reimbursable (designment) contract by State-owned construction, and the transfer of the name contained in the transfer of decisions.

Article 8. The territorial authorities have found that there are no land that is suspected to constitute the land in which Article 6 of this approach is to be validated within 30 days and to issue a notice of landless land survey to State-owned land-use holders.

A State-building land-use holder shall, within 30 days of the date of receipt of the Louise Land Survey, material such as requests for land development, groundbreaking and related notes.

Article 9 Reservations of Landless Surveys shall include the following:

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

(ii) The basic circumstances of the land suspected of being removed;

(iii) The facts and the basis of the land suspected of being removed;

(iv) The main elements of the survey and the time period for the submission of submissions;

(v) The rights and obligations of State-building holders;

(vi) Other matters requiring investigation.

Article 10: When landing surveys are carried out by the territorial authorities, the following measures may be taken:

(i) Inquired about the use of rights by State-building and other relevant personnel;

(ii) On-site surveys, photographs, cameras;

(iii) Access, replication of documents, land rights documents and information relevant to the surveyed sites;

(iv) To request the State party surveyed to develop a description of the situation and to provide relevant material;

(v) To investigate land-related information with the Government of the people of the land in the areas where the land is located (the new area of Yochen, the Economic Functioning Zone Commission), the Government of the town (the Street Office), the Industrial Parks Commission, the Village (CWA) Commission, the Development and Reform, the planning of construction and the management of property registration authorities;

(vi) Other legal means.

One of the following cases is the delay in the development of movable work by the Government of the people of more than the region (the Yokota New Zone, the Economic Functional Commission) and the State of the Territory, planning, development and reform, environmental protection, material protection, military and other sectors, where State-owned power holders should provide landless material to the land sector within 30 days of the date of receipt of the letter of notification of landless land survey:

(i) The project does not have the conditions for the development of the flora and fauna owing to the non-use of (deferment) contract or the agreement on the transfer of decisions, the time period specified, the conditions for the transfer of land to the State-owned construction of the land;

(ii) The lack of rights in the supply of land by the Government, resulting in the inability of State-owned land-use holders to develop work;

(iii) For land-use master planning, urban and rural planning to be amended by law, resulting in the inability of State-owned land-use holders to use (referred) contracts or transfer of decision-making agreements, mandated use, planning and construction conditions in accordance with State-building rights;

(iv) Changes in terms of agreement, provision of planning and construction conditions will be required in the context of national policies;

(v) There is no real possibility for the development of work, such as mass letters on land disposal;

(vi) Delays in the development of movable persons by State-building, with the exception of offences resulting from the use of power agents by State-owned power agents due to the delay in the development of movable work by the Government of the people of the region (the new area of Yochen, the Economic Functional Zone Commission) and the national territory, planning, development and reform, environmental protection, material protection, military etc.);

(vii) Non-movable work development, such as military control, protection of property;

(viii) Other acts by the Government, the Government concerned.

In one of the cases listed in the previous paragraph, the land sector could send a letter of assist in the planning, development and reform, environmental protection, material protection, military and other sectors of the population of more than the region (the new area, the Economic Functioning Zone Commission) and the planning, development and reform, environmental protection, protection of property, military affairs, etc.) and the planning of construction, development and reform, the provision of written evidence indicating whether the conduct resulted in the construction of the use of land-use agents and the development of land-use-use-based industries. The Government of the people of the region (the new area of Yokota, the Economic Functional Commission) and the planning of construction, development and reform, environmental protection, material protection, military and other sectors should be responsible for the authenticity of the material provided to them.

Article 12 delays in the development of motives, such as force majeure, judicial seals, are governed by article 11 of this approach.

Article 13, which is verified by the investigation, is in accordance with the conditions set forth in article 6 of this approach and consists of a landless land, and the land sector should provide the State-owned landowner with the “removable land determination”.

Article 14. The Land Consequences shall contain the following matters:

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

(ii) The location of the land, the approval of the use, the nature of the right to land, the use of the State's right to use the land (referred) contract or the issuance of the decision number, the establishment of a territorial instrument of ratification (building of a land permit) and national land use rights cards;

(iii) Determination of the facts and the basis for land sequestration;

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

(v) Defining bodies and dates of identification of landless land;

(vi) Other matters.

Article 15, which causes landless land in the context of article 11, Article 12 of this approach, should be made available to State-owned land-use holders to the Land Land Land Land Land Land Land Land Depositary, which is clear in the Leave Land Depositary, but not to be disposed of in a manner that collects land sequestration fees and recovers the use of State-owned land.

After article 16 of the Land Dealing of Lands Depositives, the land sector should make public information about the location of the land, including through portals, the use of the name of the owner by the State to build the land, the time of departure, the actions of the Government or the relevant branches of the Government, which result in the de-removability of the land, should be openly justified and communicated in writing to the Government or the Government concerned.

Unless land is disposed of, information should be made public in the long term. The information should be withdrawn in a timely manner after the land disposal has been completed.

Chapter III

Article 17, which causes land sequestration as a result of Article 11, Article 12, provides that a State-owned land-use holder shall, within 10 working days of the date of receipt of the Lift Land Determination, make a application for the disposal of land in the land sector and shall propose a preliminary programme for land disposal.

Article 18 The territorial authorities shall, within 30 working days of the date of receipt of the State's application for the construction of landless land disposal, consult with State-owned land-use holders to determine specific disposal programmes for land-removable land, whether land is in accordance with the law or by the judiciary to take measures to limit land rights, and shall also notify the collateraler to participate in the development of disposal programmes and seek the advice of the judiciary.

Unless land-specific disposal programmes relate to the functions of administrative authorities, such as planning construction, and should be consulted with relevant administrative authorities.

The establishment of a specific land disposal programme, with the approval of the National Lands Department of the Government of the people of more than the region (the Yochen New Zone, the Economic Functioning Zone Commission), will be implemented with the relevant sector. These are disposed of in accordance with article 19, paragraph 1, paragraph 2, and in the fifth manner, and shall be submitted to the Government of the city for approval.

Article 19

(i) Extension of the duration of the development of work. A supplementary agreement was concluded to redefine the responsibility for the development, completion and default. 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;

(ii) Adjustment of land use, planning conditions. In accordance with new uses or new planning conditions, the relevant local procedures are reprocessing and accounting, collection or refund of land prices in accordance with new or new planning conditions. Changes in the use of land use must be consistent with the overall land-use planning and urban and rural planning;

(iii) Provisional use by the Government. Pre-existing projects have conditions for development, and State-building has been redevelopment. The duration of temporary use shall not exceed two years from the date of the provisional use;

(iv) The agreement has the right to reclaim the use of State-owned land;

(v) Land replacement. Developments can be carried out for State-owned landowners with similar value and for the same-use state-building space. With regard to the provision of land, the contract should be re-established and the replacement of land was indicated in the contract;

(vi) The land sector may also provide alternative disposal based on actual circumstances.

In addition to the fourth provision of the former paragraph, the time for the development of movables has been recalculated in accordance with the new agreement. The second disposition method of paragraph 2 applies only to cases where land is left unused owing to the Government's adjustment of rural and urban planning.

Article 20

Article 21, with regard to the land-use land resulting from Article 11, Article 12, paragraph 1, of this approach, is one of the circumstances in which the land sector may organize implementation with the relevant sector, taking into account the manner in which it is disposed of Article 19 of this approach.

(i) The State-building of the use of the right to use the land without submitting a preliminary programme for the disposal of land for the period specified in article 17 of this approach;

(ii) Within 30 working days from the date of the submission of the initial programme for the disposal of land, the State-building of land holders was unable to reach a specific land disposal programme;

(iii) The State-building of land-use holders does not carry out a specific land disposal programme.

In addition to article 6, paragraph 2, paragraphs 3, 11 and 12, of this approach, the land is disposed of by the following means:

(i) The land is left behind for a period of one year, with the approval of the Government of the people of more than the area (the Yangchen New Zone, the Economic Functioning Zone Commission) and the payment of land-free leave payments to State-owned land-building holders, in accordance with the criteria set out in article 31 of this approach. Removal fees for land shall not be included in the cost of production;

(ii) In the first year, the land sector, with the approval of the city's people's Government, issued a “recovery of State-owned land-use decision” to state-owned landowners, without reimbursing the right of State-building to use land. Separate landowners have mortgage rights, and they are couriers of the relevant land mortgages.

Article 23, in accordance with article 22, paragraph 1, of this approach, contains one of the following cases and shall be disposed of in accordance with article 22, paragraph 2, of the scheme:

(i) The use of land by State-building power holders within one year of the date of the receipt of the Land Separation Removal Decision;

(ii) The State-building Land User of Deposited Persons who had been sent to the “Decides on the Separation of Land Removables”, while the development of the land area of construction had been developed, accounting for less than one third of the total area of movable work development or less than twenty-five per cent of total investments had been made, and the development of construction had been suspended for a period of one year.

Article 24

(i) The State-building of the use of the right to use the land without submitting a preliminary programme for the disposal of land for the period specified in article 17 of this approach;

(ii) Within 30 working days from the date of the submission of the initial programme for the disposal of land, the State-building of land holders was unable to reach a specific land disposal programme;

(iii) The State-building of land-use holders does not carry out a specific land disposal programme.

Article 25 Prior to the decision of the territorial authorities to collect land leave and to recover the use of land by the State, it should be communicated in writing to the facts, the basis for the State's decision to build the use of the right of the owner to make a statement and the right to be heard and heard.

The State-building exercise of the right to be heard should be organized by law, in accordance with the provisions of the Land Resources Hearing.

Article 26 Decides on the payment of land for use, and the Removal of State-owned Land Use Decision shall contain the following matters:

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

(ii) Facts and evidence of violations;

(iii) Specific 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.

Article 27, which is legally recoverable from land, should inform the territorial authorities of planning the construction of administrative authorities and the property registration management authorities of the construction of land-use planning licences and State-owned land-use rights certificates.

Article twenty-eighth land recovered by law should be included in Government land reserves.

Chapter IV

Article 29 provides that a State-owned land-use holder shall, within 30 days of the date of the receipt of the Land Separation Removable Removal Decision, pay the landless expenses in accordance with the provisions; the land sector may apply to the people's courts in accordance with the law.

Article 33, which imposes land-using fees, should be charged by the land sector for a one-year land-free leave and landless charges are charged from the date of departure, in accordance with the criteria set out in article 31 of this scheme.

Article 31 provides for 20 per cent of the total land price payable by landless persons on the basis of State-building. The State-owned construction of the right to use (designation) contracts is agreed on the criteria for the leasing of land and is charged in accordance with the contract agreed criteria.

The actual total amount of land price payable referred to in the previous paragraph is not clear, and the actual total amount of land interest in industrial land is due to: standard x land area under current territorial price management, and the total amount of land value in other areas shall actually be paid = standard x land area. The rate is less than 1.0.

In the case of land transfer, the obligationr shall precede the registration of the transfer by the party who pays the land for the rest of the land. The enforcement of the judiciary should give priority to the payment of land-breaking fees from State-building-building-use disposal prices.

Chapter V Regulatory

Article 33 The State-building use authority shall report on the development, development of progress and completion of the project to the land sector in a timely manner, during the construction of the project.

The State-building use authority should establish a demonstration of construction projects on the construction site and publicize the use of power in the construction area, construction units, project work development, completion time and land development standards.

Article 34 should establish a system of land inspection, construction and statistical bank accounts for landless land, provide an indication of the identification of landless land and conduct inspection and follow-up on the use of land.

Any units and individuals may report and reflect on the land that is left.

In addition to article 11, Article 12 of this approach, the real estate registry management shall not be able to determine the transfer, rent, mortgage and change of land for the purposes of the separation of land before the land is disposed of.

Annex VI

Article 36 of this approach refers to the project requiring the removal of deep-sea pits after a construction permit is obtained by law, the removal of the base pit, the removal of the base pit; the use of a base project to remove all basements; and other projects to complete one third of the ground-based construction. The development of movable industries is determined by the planning of the executive authorities of the Government of the more than the people of the region (the Yangchen New Zone, the Economic Functioning Zone Commission).

Total investments refer to the total amount of funds made directly by State-owned land-use holders for land development, excluding State-building of royalties, royalties and taxes paid to States.

Sustaining the development of a situation of reaching 1 year, it is determined by the Ministry of the Land, in accordance with the relevant evidence provided by the administrative authorities in planning.

Article 37

The implementation of the jewell Sea State-owned land leasing scheme (No. jewell [2006]60), which came into effect on 1 July 2006.