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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379328.shtml

Shantou special economic zone, land reserve management practices

    (September 10, 2012, Shantou city people's Government Executive meeting of the 15th September 10, 2012, Shantou City Government to 142th released since October 15, 2012) Chapter I General provisions

    First in order to improve the land reserve system control the land market, standardizing the land market to promote land saving and intensive use, improve building protection capacities, according to the People's Republic of China land administration law and the People's Republic of China regulations on implementation of the land management law and other laws and administrative regulations of the basic principles, combined with the Shantou special economic zone (hereinafter referred to as the SAR) actually, these measures are formulated.

Article within the scope of the special zone, Jinping district, longhu, haojiang district land reserves work, these measures shall apply.

    Land reserves in these measures refers to achieve control the land market, promoting the rational use of land resources, legal access to land, for early development, storage for the supply of land.

    Third work of land reserve unified planning, unified storage, unified, unified management and unified supply.

Fourth municipal people's Government exercise unified leadership, organizing, coordinating the work of land reserve.

Municipal land reserve institution established by the municipal people's Government is responsible for the work of land reserve, and organize the implementation of these measures.

    District people's Government and the park management agencies, as well as development and reforms, finance, human resources and social security, Ministry of land and resources, rural and urban planning, housing and urban-rural development, agriculture, audit, supervision, the State-owned assets management, financial services, real estate management, and other departments and units of the people's Bank, according to their respective duties well relevant work of land reserve.

    Fifth of municipal land reserve institution shall establish a land reserve management information system, land reserves and supply quantities, reserve payments, loans and other information shared with the relevant authorities.

    Chapter II-planning and management

    Sixth of municipal land reserve institution shall according to control the land market need, rationally determine the scale of reserve land, priority reserves idle, idle, and inefficient use of land for construction of State-owned stock. Article seventh land reserves to program management.

Urban land reserve institution shall, according to the city's national economic and social development plan, land use planning, urban planning and immediate planning and market demand, prepare annual plan submitted to the municipal people's Government for approval organization.

    Adjust the annual land bank plan, in accordance with the provisions of the preceding paragraph of this article procedures for approval.

Eighth annual land bank plan should include the following:

(A) the annual size of reserve lands;

(B) the annual nature of reserve land-use structure;

(C) land development scale in the early of the year;

(D) the annual size of reserve land;

(E) annual programme of temporary use of reserve land;

    (F) the planned size of reserve land at the end of the year.

Nineth of municipal land reserve institution according to the annual plan of land reserves, land reserve project implementation plan, submitted to the municipal people's Government, and as a basis for relevant examination and approval procedures.

    Land reserve project implementation plans should include the project profiles, land use, implementation of the main content and cost estimation, economic analysis and financial planning, and so on.

Scope of chapter III and article tenth the following lands to be included in the scope of land reserves:

(A) recover according to law, the confiscation of lands;

(B) the acquisition, replacement land;

(C) the exercise of the right of first refusal granted land;

(D) has been land of farmland conversion and land requisition approval (including government land);

(E) the towns within the area of Terra nullius;

(F) reclamation after the formation of the State-owned construction land;

    (VII) other lawfully obtained the land. 11th recovered according to law, the confiscation of land, as well as Terra nullius, formed after the reclamation of the State-owned construction land, directly by the municipality on land reserve institution reserves.

    Need to apply for registration of land, by the Department of land resources in the city according to law.

12th exercise its preemptive right to acquire land into the reserve, reserve after according to the following procedure:

(A) the municipality on land reserve institution according to the approval documents of the municipal people's Government exercise of the right of first refusal, in accordance with the land use rights land use rights transfer the people's prices and related payment terms, purchase compensation to the land price;

    (B) compensation for land shall on receipt of the purchase price, apply for registration of land according to law by Convention; fails to apply for, prescribed by the municipality on land reserve institution by law to apply for registration of land.

Article 13th land as land reserve, reserve after according to the following procedure:

(A) the municipal land reserve included in the annual request reserve land reserve land, or land apply to the municipality on land reserve acquisition;

(B) the municipality on land reserve institution for the proposed reserve land and houses to conduct field investigations to verify on the ground;

(C) the municipality on land reserve institution apply to departments of urban and rural planning provides for reserve land planning advice;

(D) the municipality on land reserve institution entrusted with the corresponding qualification of real estate appraisal organizations to buy land and houses on the ground assessment;

(E) urban land reserve institution develop land reserve programme, sent Municipal Department of land and natural resources, the financial audit;

(F) reserve of the urban land reserve institution based on the audit programme, signed with the land purchase contract and payment of the purchase price;

(VII) land shall, upon receipt of the purchase price, apply for registration of land according to law by Convention; fails to apply for, prescribed by the municipality on land reserve institution by law to apply for registration of land.

    Land originally in transfer (including transfer after transfer) of obtaining the land, formerly State-owned land use right grant contract or approval documents from the date of acquisition of the contract be dissolved or annulled.

14th farmland or expropriation of the land into a land bank, reserve after according to the following procedure:

(A) the municipal land and resources administration shall organize farmland conversion and land requisition approval, related preparatory work may authorize municipal land reserve mechanism implementation;

    (B) upon completion of the farmland conversion and land expropriation by the municipal land and resources authority of collective land ownership, land registration.

Article 15th State (collective) of land by the municipal land reserve institution according to the company's affiliation, and business or district people's Government and State-owned assets supervision and administration consultation, organization and storage programmes, the municipal people's Government for approval.

    Acquisition of land transfer income used for land operations, employee placement and repayment of debt and other costs.

    Article 16th "old town, the old village, the old factory" transformation of land into a land bank, approved by the municipal people's Government, implemented by the municipal land reserve land development.

Article 17th into land registration formalities necessary reserve land in accordance with law, approved by the municipal government, the municipal land and resource administration in accordance with the law of the land register.

    Registration procedures for land reserve lands may not be mortgaged without municipal approval; according to law for procedures, not the land transfer, the transfer formalities.

    Reserves clause 18th building houses on the land, by the owner agreed to apply for home ownership housing cancellation or transfer registration procedures; fails to apply for, prescribed by the municipality on land reserve institution by law to apply for home ownership cancellation or transfer registration.

    Article 19th land reserve involves State-owned homes on the land, in accordance with State Council houses on State-owned land expropriation and compensation for expropriation and compensation under the Ordinance and the relevant.

    The fourth chapter development and supply

    Early 20th reserve land utilization activities shall conform to open, fair and just principles, developed through public tendering.

21st reserve land completed after the early stage of development, the municipal land and resource administration in accordance with the annual supply of land and one-year land reserve scheme, organized reserves on land supply.

Supply has been mortgage reserve land, should be in accordance with law or with the consent of the mortgagee the right to discharge consent.

    Before the, city, land, land and resources administration shall, together with the reserve land supply programme.

22nd through rental, temporary use of temporary reserves should be used together with the build (structures), approved by the municipality on land reserve institution submitted to the municipal people's Government and for planning permission and land registration procedures.

Temporary use of reserve land mortgage has been established, shall obtain the consent of the consent.

    Temporary use of reserve land is generally not more than two years, and shall not affect the supply of land.

Article 23rd municipality on land reserve institution signed a land purchase agreement, shall promptly land purchase agreement and land transfer and other related information provided to the City Department of land and resources. 

    Municipal land and resources administration after the completion of land supply, should be State-owned construction land purchase confirmation, contract or transfer decision provided to the municipality on land reserve institution.

Fifth chapter 24th land land reserve funds reserve funds earmarked for expropriation, purchase or preemptive, recall and replacement land and land before the early development of land reserve management expenditure and earmarking, revenue accounting, and budget and final accounts management.

Daily requirements for municipal land reserve institution and should be accounted for and land reserves ratio shall not be mixed with each other.

    Creation, use and management of land reserves, drawn up by the Municipal Finance Department, in conjunction with municipal land reserve institution and submitted to the municipal people's Government promulgated after approval.

    25th article reserves land transfer income full surrendered Treasury Hou, city financial sector should since surrendered of day up 30th within, will land reserves Fund, and land early development cost, and reserves business costs, funds allocated to city land reserves institutions; for land reserves cost audit measuring, work not completed cannot in 30th within allocated of, can early pre dial, stay audit measuring end Hou by real settlement.
26th article approved by the municipal people's Government and municipal land reserve institution can use reserve land mortgage loans from banks and other financial institutions.

    27th land reserve institution reserves and borrowing, lending, its size should be linked to the annual land planning, land reserve fund project budget linked application for loan projects approved by the municipal people's Government purchases should be made programmes, financial sector, and the size of loans approval documents and other written materials, borrow loans must be for use in land reserves, shall not be diverted.

28th financial funds according to law shall not be used for a land bank loan guarantees.

    Urban land reserve institution financial risk management should be strengthened, and may not in any form of guarantees to third parties.

29th of municipal land reserve may introduce social capital in land reserves, and early development.

    The sixth chapter legal liability 30th original land is not in accordance with the contract land and above-ground building (structures), or dispose the ground building (structures), urban land reserve institution has the right to request the original land continue to perform the contract.

    Original land fails to comply, the municipality on land reserve the right to terminate the contract, recovery has been delivered to the original purchase price of the land, and held accountable for breach of contract.

    31st of municipal land reserve institution did not pay the land purchase price agreed in the contract, the original land has the right to terminate the acquisition contract.

32nd national staff in the work of land reserve in one of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) failing to identify a reserve compensation standard of land acquisition, supply or price, resulting in the loss of State assets;

(B) solicit or illegally accept others ' property;

(C) determining reserve land does not open tenders early stage development and implementation unit;

    (D) other acts in violation of laws, rules and regulations.

    33rd unlawful interception or misappropriation of land banking funds from financial and auditing departments shall be ordered to correct serious to the direct responsible person in charge and other direct liable persons shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws article 34th chenghai, Chaoyang District, and Nan ' ao County, chaonan land reserve by reference to these regulations, but shall be decided by the municipal land reserve the reserve, in accordance with these rules. 35th these measures come into force on October 15, 2012.