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Shantou Special Economic Zone, Land Reserve Management Practices

Original Language Title: 汕头经济特区土地储备管理办法

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Management of land reserves in the first economic zone

(Summit 15th ordinary meeting of the Government of the Challenge of 10 September 2012 to consider the publication, effective 15 October 2012, of the Order No. 142 of 10 September 2012.

Chapter I General

Article I, in order to improve the land reserve system, regulate land markets, regulate land market operation, promote land savings pooling, enhance capacity-building for land tenure security, develop this approach in line with the legal, administrative and regulatory principles such as the People's Republic of China Land Management Act, the People's Republic of China Land Management Act.

The approach is applied to land reserves in the area covered by Article 2, gold Plinton, the lake area, and the tiny area.

The approach refers to land reserves that are used to achieve the goal of regulating land markets and promoting the rational use of land resources, legally acquired land, pre-development, storage and supplying land.

Article 3. Harmonization planning, harmonization of reserves, harmonization of operations, harmonization of supply.

Article IV

The municipal land reserve body established by the Government of the city is responsible for land reserves and organizes this approach.

Sectoral governments and relevant parking administrations, as well as development and reform, finance, human resources and social security, land resources, rural and urban planning, housing and rural-urban construction, agriculture, audit, inspection, State asset management, financial, housing management, people's banks, etc., work on land reserves in accordance with their respective responsibilities.

Article 5 should establish a land reserve management information system to share information on the number of land reserves and the number of reserves and loans with the relevant sectors.

Chapter II Planning and management

Article 6. The municipal land reserve body shall determine the size of the reserve land in accordance with the needs of the land market, with priority given to the construction of the land of the State's stock in the event of the separation, vacation and low-efficiency.

Article 7. Urban land reserves should be developed in accordance with the planning for economic and social development of the city's nationals, the overall land-use planning, the overall urban planning and recent construction planning and market demand, and the annual land reserve plan should be presented to the Government of the city for implementation.

Adjustments to the annual land reserve plan are submitted in accordance with the procedure set out in this article.

Article 8 shall include:

(i) The size of the annual reserve land;

(ii) The structure of the annual reserve land use;

(iii) The development of the pre-year reserve land;

(iv) The size of the annual reserve land supply;

(v) Interim land use plan for the annual reserve;

(vi) The planned size of land reserves at the end of the year.

Article 9. The Urban Land Reserve Agency, in accordance with the annual land reserve plan, prepares a programme for the implementation of the land reserve project, reports to the Government of the city for approval and serves as a basis for the processing of the relevant approval process.

The land reserve project implementation programme should include project profiles, scales of use, key elements of implementation, and cost measurement, economic analysis and funding planning arrangements.

Chapter III Scope and procedures

The following Article 10 lands may be included in the scope of land reserves:

(i) Reclaimed and confiscated land by law;

(ii) The acquisition, replacement of land;

(iii) The exercise of land acquired as a matter of priority;

(iv) Lands that have been processed for agricultural land transfer and land for approval procedures (including government land for land);

(v) Land ownership in urban planning areas;

(vi) State-building sites that are developed after the shore of the sea;

(vii) Other land acquired by law.

Article 11. Recovered by law, confiscated land and state-owned land and land loaded at sea, directly by municipal land reserves. The registration process for land-use rights is needed and is governed by the law of the municipal land resource authorities.

Article 12. The exercise of a priority right to buy land in the reserve shall be made subject to the following procedures:

(i) In accordance with the approval document of the commune authorities to exercise priority purchasing power, the land-use reserve agency pays to land-use-right transfer prices and related payment conditions, in accordance with the land-use transfer price declared by land-use rights holders;

(ii) The land-use owner shall, after receipt of the purchase of the compensation price, apply, in accordance with the consent of the law, to the processing of the registration process for the write-off of the land-use rights; the late non-application shall be applied by the municipal land reserve body to apply, in accordance with the agreement of the law, for the processing of the registration of land-use rights.

Article 13. The acquisition of land for inclusion in land reserves shall be maintained after the following procedures:

(i) The municipal land reserve agency submits a request for the acquisition of reserves for land included in the annual land reserve plan or the land-use-owner's application to the municipal land reserve institutions for acquisition;

(ii) The local survey of proposed land and land houses by municipal land reserve institutions;

(iii) Urban land reserve institutions provide planning advice to municipal rural and urban planning authorities for the proposed land;

(iv) The municipal land reserve agency commissioned an assessment of the proposed acquisition of land and land-based housing by the appropriate quality of the real estate price assessment body;

(v) The establishment of a land reserve programme by the municipal land reserve institutions for the processing of municipal land resources and the financial sector;

(vi) The municipal land reserve agency, in accordance with the approved reserve programme, enters into the acquisition contract with the land-use-owner and pays the purchase price;

(vii) The land-use owner shall, after receipt of the acquisition price, apply, in accordance with the consent of the law, to the processing of the registration process for the write-off of land-use rights; the late non-application shall be applied by the municipal land reserve body to apply, in accordance with the agreement of the law, for registration of land-use rights.

The land-use power owner has acquired land-use rights in a way that includes a transfer of expediencies, which has been removed or repealed by the date of entry into force of the acquisition contract.

Article 14. Lands transferred or collected by farmland are included in land reserves, which are stored after the following procedures:

(i) The authorities of the city's land resources organize the transfer of farmland and land collections in accordance with the law, which may be entrusted to the implementation of municipal land reserve institutions;

(ii) After the transfer of agricultural land and the completion of land collection efforts, collective land ownership and land-use write-off registration procedures are handled by the municipal land resource authorities.

Article 15. The acquisition of State (collective) corporate land by the municipal land reserve agency, in accordance with the corporate affiliation, organizes a collection programme with the enterprise and municipal State-owned asset monitoring authority or the territorial Government, with the approval of the Government.

The acquisition of land gives priority to addressing costs such as land functioning, the placement of business workers and the repayment of debt.

Article 16 incorporates the implementation of land renovated “old towns, old villages, old plants” into land reserves, with the approval of the Government of the city, which is organized by municipal land reserves.

Article 17 requires that land registration procedures be carried out in accordance with the law, with the approval of the Municipal People's Government, and that land registration procedures are governed by the law.

Reserves for land registration procedures shall not be collateral without the approval of the Government of the urban population; no land shall be transferred and transferred without the law-making process.

Article 18 is included in the top-level house of the reserve land, where the owner of the house is requested by the agreement to write off or transfer the registration process for the property of the house; the late non-application of applications; and the municipal land reserve body shall apply, in accordance with the agreement, for the write-off or transfer of registration procedures.

Article 19 Implementation of land reserves relates to the collection and compensation of State-owned land-based homes in accordance with the State Department's National Land-Based and Compensation Regulations and related provisions.

Chapter IV

Article 20

Article 21, after the completion of the development of the land reserve, is organized by the Urban Land Resources Authority in accordance with the annual land supply plan and the annual land reserve plan.

The supply of land that has already been mortgaged shall be free of the mortgage or the consent of the collateral.

Prior to the availability, the city's land resource authorities should prepare land supply programmes with municipal land reserves.

Article 2 provides for the temporary use of reserve land, including through rental, temporary use, along with the construction of (construction) ground, with the approval and processing of planning licences, land registration procedures by the municipal land reserve agency.

Temporary reserve land has already been put in place mortgage rights, with the consent of the collateral.

The temporary use of land reserves is generally not more than two years, but it does not affect land supply.

Article 23, after the signing of a land acquisition agreement by the municipal land reserve body, the land acquisition agreement and the land transfer of information, etc., should be made available to the urban land resource authorities in a timely manner.

After completing the availability of land reserves, the authorities of the city should make use of State-owned land in a timely manner to the confirmation, the contract or the transfer of decisions to the municipal land reserve institutions.

Chapter V

Article 24 funds for land reserves are devoted specifically to land reserve expenditures such as leasing, acquisition, priority purchase, recovery, land replacement and pre-development management for land supply, specialization, accounting and pre-adjustment management.

The day-to-day funding required by municipal land reserve institutions should be accounted for separately from land reserves.

The establishment, use and management of land reserve funds is developed by the municipal finance sector with the municipal land reserve agency, which is published following approval by the Government of the city.

Article 25. Upon the full collateral of the land reserve, the city's financial sector shall, within 30 days of the date of the surrender, allocate funds such as the land reserve fund, the development costs of the land prior period and the operating expenses of the reserve to the municipal land reserve institutions; and the provision of funds, such as land reserve costs, may not be completed within 30 days of the clearance of the land reserve costs, be made available for advance and shall be settled after the completion of the clearance.

Article 26, with the approval of the Government of the city, can use land reserves to mortgage loans to financial institutions such as banks.

Article 27, Reservations of land and borrowing funds from municipal land reserves should be aligned with the annual land reserve plan, the land reserve fund project budget budget, and requests for loans should be obtained from written materials such as the project receipt and approval documents approved by the Government of the urban people and the scale of loans in the municipal financial sector, which should be earmarked for land reserves and cannot be diverted.

Article 28 provides that all types of financial funds shall not be used by law for the security of land reserves.

Urban land reserves should strengthen financial risk management without providing security to third parties in any form.

Article 29 allows municipal land reserves to introduce social capitals and participate in land reserves and development.

Chapter VI Legal responsibility

Article 33 The original landowner has not delivered the land in accordance with the contract agreement and the construction of the ground (construction) material on the land or land, or has been able to handle the construction of (construction) ground, and the municipal land reserve body has the right to require the owner to continue the contract. The former land-use rights have been overdue, and the municipal land reserve agency has the right to lift the contract, recover the purchase price that has been delivered to the original land-use owner and hold its default responsibilities.

Article 31 does not pay the land acquisition price in accordance with the contract agreement and the original land-use owner has the right to lift the acquisition contract.

Article 32 includes one of the following acts in the field of land reserves, which are lawfully disposed of by law; constitutes an offence and criminal liability by law:

(i) The acquisition, supply price or compensation criteria for the storage of land are not determined by law, resulting in loss of State assets;

(ii) To request or illegally receive property from others;

(iii) The absence of open tendering to determine the development of an implementing unit for the reserve period;

(iv) Other violations of laws, regulations and regulations.

Article 33 of the law interdiction or misappropriation of land reserves funds is rectified by sectoral responsibilities, such as finance, audit and, in serious circumstances, by law of the competent and other direct responsible persons directly responsible; and by law, criminal responsibility.

Chapter VII

Article 34 quantifications of land reserves in the sea, trajectory, southern and South Macao areas are carried out in the light of this approach, but the Government of the city decides to implement reserves by the municipal land reserve institutions and in accordance with this approach.

Article 55 of this approach is implemented effective 15 October 2012.