Nanchang City Land Reserve Management Practices

Original Language Title: 南昌市土地储备管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379319.shtml

Nanchang city land reserve management practices

    (August 17, 2012, Nanchang city people's Government Executive meeting of the 10th through September 25, 2012, Nanchang city people's Government promulgated as of November 15, 2012, 147th) Chapter I General provisions

    First in order to strengthen the administration of land reserves, regulating land market, effective allocation of land resources, improve the ability of land protection, in accordance with the People's Republic of China land administration law and relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second city land reserve in the area of urban planning and management, application of this approach.

    Article III land reserves in these measures refers to municipal people's Government to achieve control the land market, the promotion of rational use of land resources, land according to law, engaged in land development and consolidation, storage for supply in the early acts.

    Fourth article city land reserves Management Committee is city land reserves work of led institutions, is responsible for research developed city land reserves of about policy and system, deployment city land reserves of major work,; city land reserves work advance led group is responsible for specific advance city land reserves Management Committee made of the decided, and is responsible for review land reserves and the implementation programme, and coordination city land reserves of levy demolition work,.

Fifth of municipal land and resource management departments in charge of the city's land reserves and land reserve is a municipal government approved of its establishment, has an independent legal personality of public institutions responsible for the specific work of the land reserve.

Urban land reserve institution in accordance with the needs in the various zones, development zones, zone set up branches.

Urban and rural planning, urban development and reform, finance, management, construction, housing management, and audit departments according to their respective duties, land banking work.

    District people's Government is responsible for implementation of this area of land acquisition and monitoring management of reserve lands.

    The sixth article of the municipal land reserve unified planning, unified storage, consolidation, supply, unified management principles.

    Chapter II-planning and management

    Seventh of municipal land and resources authorities and 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. The eighth article of the municipal land reserve program management.

    Municipal land and resources administration and land reserve institution shall, in conjunction with finance, development and reform, urban and rural planning department pursuant to economic and social development plan, land use planning, urban planning, land-use plans and land market supply and demand, such as the preparation of annual land reserves in the city planning and land supply plans, approval by the municipality on land reserve Management Committee submitted to the municipal people's Government.

Nineth annual land bank plan include the following:

(A) the annual size of reserve lands;

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

(C) the annual size of reserve land;

(D) the planned size of reserve land at the end of the year;

(E) annual programme of temporary use of reserve land (vi) annual financing plan, reserve land bank budget;

(G) the annual land supply forecast revenues.

    Annual plan should be clear of their reserve land reserve lands the number, location, size and other details.

The tenth annual land reserve plan approved, as a basis for carrying out land reserve, without adjustments needed adjustment, shall be submitted to the approval authority for approval.

    Plan is not included in the annual land reserve lands, reserves may be made.

    11th of municipal land and resources authorities and land reserve institution based on annual plan of land reserve land reserve and the implementation programme, agreed by the municipality on land reserve work leading group later submitted to the municipal people's Government.

12th the land reserve and the implementation plan should include the following:

(A) four to scope, size, status of land;

(B) ratification of the land ownership, land;

(C) the controlled detailed planning of reserve land or land planning conditions;

(D) compensation, resettlement compensation costs, compensation for acquisition costs, early stage development and consolidation costs, financial costs and other land reserve expenditures;

(V) placement listings, placement, size of industrial land;

(Vi) funding programmes for reserve land;

(VII) land supply forecast revenue;

    (H) other matters of note.

    Chapter III scope and procedure

13th the following lands to be included in the scope of land reserves: (a) resumption of State-owned land in accordance with law, (ii) the purchase of land;

(C) made in the exercise of the right of first refusal of the Government of the land;

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

    (E) other lawfully obtained the land.

    14th resumption of State-owned land use right according to law of the land, land resources in the city after the authorities cancelled the land registration procedure by the municipal land reserve institution into a land bank.

15th acquisition of State-owned land should be land reserve formalities in accordance with the following procedure: (A) for acquisitions.

Original land shall take the relevant information to the municipal land reserve institution apply for land purchase. (B) verification.

Municipal land reserve institution for the proposed acquisition of land ownership, size, four to the scope, purpose and attachment for verification on the ground. (C) planning.

Urban and rural planning departments provide for acquisition of land use planning conditions. (D) the cost estimates.

Municipal land reserve institutions select qualified assessment agencies will have to buy the land and build (structures) assessment, consultation and based on the assessment results with the original land purchase price. (E) the programme for approval.

Municipal land reserve institution develop land reserve programme, submitted to the municipal land reserve work leading group agreed by the municipal people's Government confirmed. (Vi) to sign the contract.

After land reserve scheme is approved by the municipal land reserve institution signed with the original land of the State-owned land use right reserve contracts. (G) to pay the costs.

Municipal land reserve institution according to the State-owned land use right reserve contracts agreed to the original land cover acquisition costs. (H) changes in ownership.

Municipal land reserve land tenure, land and resources administration, to apply for alteration registration procedures. (I) land.

    The original land in accordance with the conventions of the State-owned land use right reserve contracts, net is delivered to municipal land reserve institution by the municipal land reserve institution into a land bank.

    16th article Government exercise priority purchase right made land of, city land reserves institutions according to city government priority purchase land right of decided, and original land right people signed state-owned land right reserves contract, and to original land right people paid land price, by city land resources competent sector law handle cancellation land registration procedures Hou, into land reserves; on refused to Government acquisition and unauthorized transfer of, land resources competent sector not handle transfer procedures.

    17th has been land of farmland conversion and land requisition approval, land resources in the city after the authorities cancelled the land registration procedure by the municipal land reserve institution into a land bank.

    18th due to affordable housing, placement in housing and urban construction, such as the public interest requires or urban planning into strategic reserves of land, agricultural land conversion, land expropriation formalities necessary, by the Department of land resources according to relevant procedures.

19th strategic reserve land by the municipal land and resources authorities land reserve institution and the municipal urban and rural planning, financial sector development, submitted to the municipal land reserve Management Committee for approval.

    City Department of land and resources and land reserve institution and relevant departments should strengthen supervision and administration of strategic reserve land.

20th through recovery, purchase, expropriation under reserve land in accordance with law, including, by the municipal land reserve institution for, municipal people's Government for approval, after registration of the city's land and resources administration according to law, to the municipal land reserve institution issuing land certificates, produced by the Ministry of land and resources of the State-owned land use permit, and fill it in accordance with the following provisions:

(A) land fill for land reserve institution name;

(B) the type of tenure to fill in for Government reserves;

(C) land use planning to fill in for reserve lands, involving financing of reserve land uses to fill in for the special-purpose reserve land;

(D) the area of land subject to investigation delimitation area;

(V) notes fill the land of government reserve land without legal approval may not be mortgaged, without legal procedure, not the transfer formalities;

(F) the certificate can use the map or survey and delimitation of the drawings;

    (G) other matters shall be recorded. 21st District people's Government shall be responsible for the maintenance of the original reserve land within the jurisdiction the law take the construction of the district people's Government should be detected and stopped, removed in time.

    Demolition costs be guaranteed by district people's Government.

    Chapter fourth use and supply

    22nd into the reserve land, land reserve institution should reserve early, development and consolidation, protection, management, and temporary use and reserve lands, implementation of development and consolidation in the early for financing activities.

    23rd early development including roads, water, electricity, drainage, communications, lighting, landscaping, land leveling and other basic infrastructure.

24th reserve land in front of the supply, urban land reserve institution can legally rent, temporary use of use of reserve lands and build (or structures).

    Rental, temporary use of reserve land, shall not affect the supply of land, no additional land purchase costs.

25th of municipal land reserve institution into the reserve lands shall take the following measures to protect:

(A) set the walls, fences and identification;

(B) conduct regular patrols, stop illegal land occupation, illegal construction and other reserves of the Act;

(C) build on the ground (structure) to carry out the necessary maintenance and renovation;

    (D) other reserve land-use conservation-related work.

The 26th reserve land should be included in the annual land supply plan; not included in the annual land supply plan of land supply.

    Without storage management of land supply.

    27th reserve land supply, has mortgaged land shall be according to law the right of discharge.

    The fifth chapter funds management

    28th land reserve fund management should be in line with the national and the provincial budget and final accounts management and land reserve fund provisions relating to financial management and accounting system. The 29th municipality on land reserve institution and municipal finance authorities establish sound accounting systems.

Purchase land all the costs incurred shall be accounted for in accordance with land, included in the cost, which belongs to the inspections of reserve land, as per the cost estimates approved the disbursement, after treating the area cost approved, again according to the cost accounting areas.

    After the land transfer payment, municipal land reserve institution shall, within 1 month, financial authorities submit the cost budget and final accounts, the municipal finance department shall, within 20 working days will cost allocation of urban land reserve institution. 30th Land Bank financed projects management.

Land bank financing plan should be linked to the annual land reserve, land reserve fund project budget are connected, and municipality on land reserve Management Committee is submitted to the municipal people's Government, not more planning, hyper-scale loans.

    Urban land reserve institution shall not in any way to third parties to provide security.

    31st of municipal land reserve reserve direct operational costs included in the land purchase costs of land to protect it.

    32nd of municipal finance, audit, national land resources departments should strengthen the land reserves, such as the use of the funds, municipal land reserve institution supervision and inspection of the implementation of accounting systems, ensuring the land reserve funds earmarked, improve the efficiency of capital management.

    The sixth chapter legal liability

    33rd article without approved illegal occupied into reserves of land of, by land resources competent sector ordered returned illegal occupied of land, on violation land using general planning unauthorized will agricultural to to construction with to of, deadline demolition in illegal occupied of land Shang new of buildings and other facilities, recovery land undisturbed, on meet land using general planning of, confiscated in illegal occupied of land Shang new of buildings and other facilities, can and at each square meters 10 Yuan following of fine.

    34th article in into reserves of land Shang, not made planning license for construction of, by City urban and rural planning competent sector law punishment, made ordered stop construction or deadline demolition of decided Hou, party not stop construction or late not demolition of, location city, and District Government can obliges about sector take seized construction site, and forced demolition, measures; engaged in other violations of, by about sector according to duties law be punishment.

    35th Department of land and resources and land reserve institution and other relevant departments in the staff working in the administration of land reserves, abuse of power, negligence, malpractice, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    36th districts refer to this approach, combined with the County practice, develop management approaches. 37th article of the rules take effect on November 15, 2012. On August 9, 2001, issued by the Municipal Government of the Nanchang city land reserve pilot scheme (Hong Fu Fa [2001]30) repealed simultaneously.