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Jilin Municipal Land Reserve Management Practices

Original Language Title: 吉林市土地储备管理办法

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Land reserve management approach in Glin City

(Summit No. 56 of the Government of the XIV People's Government of Glin, 28 June 2011, considered the adoption of the Decree No. 218 of the People's Government Order No. 218 of 1 July 2011, effective 10 August 2011)

Article 1 strengthens land management, regulates land market operation, promotes land savings and builds capacity for land security, in line with the relevant laws, regulations and regulations.

Article 2 refers to land reserves as described in this approach to land resources authorities in order to achieve the goal of regulating land markets and promoting the rational use of land resources, to obtain land under the law and to conduct pre-determined development, storage and supplying land.

Article 3. Land reserves in the area of this city apply.

Article IV. The Government of the city has led the national land reserve within the city area.

The Land Resources Authority is responsible for the management of land reserves within the city area.

The land acquisition reserve, established under the Land Resources Authority, is entrusted by the Urban Land Resources Authority responsible for specific tasks such as land reserves and land management in the area of the city, mobilization, management of land reserve funds.

Sectors such as urban development and reform, finance, rural and urban construction, rural planning, housing security and real estate, urban management administration, and inspection, should be guided by their respective responsibilities by law.

Article 5

Article 6. The Land Resources Authority shall prepare an annual land reserve plan, approved by the Government of the city and submitted to the Provincial Land Resources Authority, in accordance with the economic and social development plan of the city, the overall land-use planning, urban overall planning, land-use planning and land market demand.

The annual land reserve plan includes the size of annual land reserves, the size of the development of the pre-year reserve land, the size of the annual reserve land supply, the temporary use of the annual reserve land, the size of the planned year-end reserve land and the budget for the size of the funds required for the annual land reserve.

Article 7. Land Resources authorities implement the annual land reserve plan, and plans for the implementation of the storage project should be developed to report on the approval of the Government of the city as a basis for the processing of the relevant approval process.

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

(i) State land recovered by law;

(ii) The exercise of land acquired on a priority basis;

(iii) The landowner's application for return to the Government reserve;

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

(v) Other land acquired by law.

Article 9 has one of the state-owned land that can be recovered by the Government of the city by law:

(i) Land to be used for public interest;

(ii) Restructuring the old urban areas for the implementation of urban planning and the need to adapt the land used;

(iii) The land of two years without change;

(iv) Removable land, such as unit relocation, dissolution, withdrawal and insolvency;

(v) Other land required by law.

National land recovered by law is included in land acquisition reserves by the municipal land resource authorities following the processing of the original land-use write-off registration process.

Article 10

(i) In accordance with the decision of the city's Government to give priority to the right to purchase, the land price is paid to the original landowner in accordance with the declared land transfer price and related payment conditions;

(ii) The original land use authority shall, within 15 days of receipt of the transfer price, apply under the law for the processing of land-use rights, the write-off of house ownership, and, after the approval of the Government of the city's land resources, housing security and real estate authorities, to the extent that land-use rights, the registration of home titles is pending.

Article 11. The Government of the city has determined the land of the reserves, and the land-use owner may not change the status of land and the construction of the ground (constitution) items. The Office for the Collection and Compensation of Households in Municipal State Land is informed by the National Land-Based and Reimbursement Regulations that the approval process is suspended.

Article 12 includes the return of independent lands for inclusion in land reserves, in accordance with the following procedures:

(i) The municipal land acquisition reserve body conducts field investigations and clearances on land, construction (construction) and other approximate rights, land area, scope, land use, etc., with clear land rights;

(ii) The municipal land acquisition reserve body to consult the urban and rural planning authorities for the planning of land and the application of planning conditions;

(iii) In consultation with former land-use rights holders, the municipal land acquisition reserve institutions are jointly entrusted with the assessment of the quality of land and housing assessment, to assess and measure the proposed reserve land and housing and to carry out a feasibility argument;

(iv) The development of a land reserve programme by the municipal land acquisition reserve agency, which is approved by the Government of the city after the clearance of the city's land resource authorities;

(v) After the approval of the reserve programme, the municipal land acquisition reserve body entered into a land-use recovery contract with the original land-use-use-rights owner;

(vi) The municipal land acquisition reserve agency pays expenses to the original land-use owner in accordance with the land-use recovery contract;

(vii) After clearance, land registration procedures are governed by law and incorporated into land reserves.

Article 13. Land-use rights applications for land reserves should provide the following information:

(i) Applications for land reserves;

(ii) The owner of the land-use person, the provision of a business licence and a legal representative's identity certificate; the use of a man-made natural person and the provision of a personal legal and effective identity certificate;

(iii) Land-use claims;

(iv) The right to housing is certified;

(v) Other certified material to be submitted.

Article 14. When the municipal land acquisition reserve agency enters into a land-use recovery contract with the original land-use owner, the land-use-use-rights-recovery contract and the municipal Government's land reserve review documents should be held to the city's land resources, housing security and property authorities to process land-use rights, write-off or transfer of registration procedures.

Article 15. Removal contracts for land use include, inter alia, the following:

(i) The name, address, statutory representative, place of the land, four to scope, hierarchy, area, use, territorial construction (construction) and property rights;

(ii) Modalities and means of implementation for land recovery;

(iii) Terms and modalities for the delivery of land;

(iv) The rights and obligations of both parties;

(v) Liability for default;

(vi) Treatment of disputes;

(vii) Other relevant matters.

Article 16, which has been incorporated into the land of the reserve, requires compensation to the original landowner, in accordance with the following criteria:

(i) The allocation of land by the home and its occupier, in accordance with the relevant provisions of the National Land Collection and Compensation Regulations;

(ii) The transfer of land by the State not occupied by the home, deducting the remaining land after the confiscation of the home under the National Land and Compensation Regulations, which provides for compensation in accordance with 50 per cent of the original land-use market price;

(iii) State ownership of land and compensation for the remaining annual market prices in accordance with the original land use;

(iv) Reimbursement in accordance with the relevant provisions for the termination of the transferee for reasons such as relocation, dissolution, withdrawal and insolvency;

(v) The priority acquisition of land under the law and the award of compensation in accordance with the declared land transfer price;

(vi) The same land is used to carry out reserves in the same way as market assessment prices.

Article 17 Industrial lands that have already achieved land-use rights and changes in land use must be approved by the Government of the city, which can enter the land reserve process.

Article 18 provides for a national land implementation reserve to be adjusted for land alterations in the area of habitat concentration, infrastructure lagging, in accordance with the following procedures:

(i) The municipal land acquisition reserve body to consult urban and rural planning authorities on the nature of the planning area, to determine the scope of the planning and to apply for planning conditions;

(ii) The municipal land acquisition reserve body conducts field investigations and clearances on land, construction (construction) and other approximate rights, land area, scope, land use, etc., with clear land rights;

(iii) In accordance with its delegated authority to the State-owned land to collect and assess the results of the proposed land, housing stocktaking and assessment of the proposed reserve;

(iv) The development of a land reserve programme by the municipal land acquisition reserve agency, which is approved by the Government of the city after the clearance of the city's land resource authorities;

(v) After the approval of the reserve programme, the Office of the State Land Collection and Compensation Management Office of the Municipal State is responsible for the collection and compensation of homes in accordance with the regulations, regulations specifically responsible for house collection and compensation and the transfer of reserves to the municipal land acquisition reserve institutions after the destruction of the land;

(vi) The costs incurred by the State-owned land-covering and compensating management office in the course of house collection and compensation are reported to the Government of the city for approval by the municipal land acquisition reserve agency;

(vii) After the transfer of land acquisition reserves by municipal land acquisition units, land registration procedures are governed by law and incorporated into the land reserves bank.

Article 19 included land in the reserve plan, with the approval of the Government of the city, the municipal land acquisition reserve agency could entrust the land host city government (Development of the District Management Committee) to carry out the collection, compensation, resettlement, etc. in accordance with the relevant laws, regulations.

Article 20 provides for the inclusion of land in the reserve, with the approval of the City Land Resources Authority, the municipal land acquisition reserve body has the authority to carry out activities such as the development, protection, management, rental, temporary use and financing for the development of the reserve land prior to its implementation.

Article 21, the municipal land acquisition reserve body should develop the necessary advance period for the inclusion of the land in the reserve bank so that it has the supply conditions.

The units involved in pre-land development should be identified through the solicitation of tenders.

Article 2, which incorporates the land of the reserve, shall be supplied by tenders, auctions or walls by the authorities of the city's land, in addition to the provision of the legal allocation. Upon approval by the Government of the city, land-users should pay land reserves, development, management and other costs to municipal land acquisition units.

Building local supply should be selected on the basis of land that has been incorporated into the reserve, with the exception provided by the law, legislation and regulations.

Article 23.

(i) Funding for land acquisition reserves arranged by the financial sector in the financial budget;

(ii) The National Land Benefits Fund, which was extracted by the financial sector in the income from the land concession;

(iii) The municipal land acquisition reserve agency, in accordance with the relevant national provisions, borrowed bank loans, other financial institutions loans and other social financing;

(iv) The financial sector approves other funds available for land reserves;

(v) Interim use of the land acquired in the reserve pool by the municipal land acquisition reserve facility;

(vi) Interest income arising from the above-mentioned funds.

Article 24 funds for land reserves are earmarked for land reserve expenditures such as leasing, priority purchase, reclaiming land and reserve land prior to development.

Article 25 Income and expenditure management of land reserves should strictly implement the relevant provisions of the financial management of land reserves. The municipal land acquisition reserve agency should establish a dedicated account of land reserve funds, implement a dedicated, sub-accounting and implement predetermined management.

Article 26 After the deposit of land tenders, auctions or walls, the deposit must be paid in full and in a timely manner, and the financial sector shall carry out timely liquidation of costs such as the prior period of land acquisition, the development of documentation and loan interest, and return to the earmarked accounts of the land reserve.

Article 27 of the law reclaims the refusal of the State's land-use authority party to return the land, which is charged by the authorities of the city's land, and is fined for each square kilometre to $30, in accordance with article 43 of the National People's Republic of China Land Management Act.

Article 28, in the context of land reserves, the former landowner of the land that has been recovered does not provide the required information or provide false information, resulting in loss, is charged by the municipal land resource authorities to provide complete and authentic information and reparations for the damage caused; constitutes a crime and is held criminally liable by law.

Article 29 provides administrative disposal under the law by the authorities of the city of Land Resources, the staff of the land acquisition reserve body to abuse their functions, toys negligence, to favour private fraud; and to hold criminal responsibility in accordance with the law.

Article 33 departments, such as public security, urban management administration, should cooperate with the authorities of the city's land resources to protect the necessary measures to integrate land into the reserve and to prevent violations of the rights of land reserves.

Article 31 is implemented by the Urban Land Resources Authority and is responsible for interpretation.

The management of land reserves in the districts (markets) of Article 32 may be implemented in the light of this approach.

Article 33 of this approach is implemented effective 10 August 2011. At the same time, the Modalities for State Land Accreditation in the town of Glin, which was carried out on 20 April 2002, were repealed.