Jilin Municipal Land Reserve Management Practices

Original Language Title: 吉林市土地储备管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100353028.shtml

Jilin Municipal land reserve management practices

    (June 28, 2011 people's Government of Jilin city, the 14th at the 56th Executive Meeting July 1, 2011, people's Government of Jilin announced order No. 218, August 10, 2011) first for perfecting land reserve system and intensifying the land control, standardize the land market and promote land saving and intensive use, improve building protection capacity, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Second land reserves in these measures refers to city land and resources departments 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.

    Article III land reserve within the city limits of the city, these measures shall apply.

Fourth municipal people's Government the unified leadership of the State-owned land within the city.

Municipal departments in charge of land and resources management work of land reserve within the city limits of the city.

City Department of land and resources under the land reserve and purchase institutions, commissioned by the municipal land and resources administration, responsible for land reserve within the city limits of the city and land management of warehousing, specific work such as raising, management of land reserves.

    Municipal development and reform, finance, urban and rural construction, urban and rural planning, urban management, housing and real estate, administrative law-enforcement and supervisory departments shall, in accordance with their respective responsibilities, work of land reserve by law.

    Fifth article of the proposed developed land within the city by the municipal people's Government to implement a unified planning, unified, unified tariffs reserves and supply. Article sixth land reserves to program management.

Municipal land and resources administration shall, jointly with relevant departments, according to the city's economic and social development plan, land use planning, urban planning, land use planning and land supply and demand in the market, preparation of annual land bank plan, submitted to the municipal people's Government and provincial departments of land and resources.

    Annual plan of land reserves include: annual land reserves, reserve early land development scale, the annual land supply scale, temporary use of reserve land plan of the year, the end of the plan year reserve land size and annual funds needed to land reserve budget.

    Land, land and resources administration, article seventh annual plan purchase project implementation plans shall be compiled and submitted to the municipal people's Government for approval, as a basis for relevant examination and approval procedures.

    Article eighth the following lands to be included in the scope of land reserves:

    (A) the resumption of State-owned land in accordance with law;

    (B) made in the exercise of the preemptive right to land;

    (C) applications for land handed back to the Government reserve land;

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

    (E) other lawfully obtained the land.

    Of the Nineth under any of the following circumstances State-owned land can be legally recovered by the municipal people's Government:

    (A) public interest requires the use of the land;

    (B) for the implementation of urban planning for old town renovation, you need to adjust use of land;

    (C) the land idle for two years;

    (D) the unit transfer, dissolution, closure, bankruptcy, and require the recovery of the land;

    (E) other required by law to take back the land.

    Resumption of State-owned land in accordance with law, the municipal land and resources authority after the original registration of land, urban land reserve institution included land reserves.

    Of the tenth municipal people's Government exercise its preemptive right to reserve lands, in accordance with the following procedures shall be followed:

    (A) urban land reserve institution according to the decisions of the municipal right of first refusal, according to declare the land transfer prices and related payment terms, to the land to pay the price;

    (B) the holder shall, upon receipt of the transfer price of the land in the 15th and apply for land use right according to law, registration of housing ownership; fails to apply for, land and resources administration reported to the municipal people's Government for approval, by the municipal Bureau of land resources and housing and real estate Department in accordance with the law of the land use right and property ownership registration. Article 11th municipal people's Government determining reserve land, the original land shall not alter the land and build (structure) of the status quo.

    Houses on State-owned land expropriation and compensation management office, according to the State-owned land on the housing levy and compensation provisions of the Ordinance, inform the relevant Department, suspending the approval formalities.

    Article 12th recover independent of the land into a land bank, in accordance with the following procedures shall be followed:

    (A) the municipal land reserve institution included land within the reserve lands, building (structures) and other attachment property, land area, four to scope, land uses, such as conducting field investigations and audits, clear land ownership;

    (B) urban land purchase and reserve organizations, urban planning departments to consult the planning of land use, planning conditions;

    (C) urban land reserve institution and the original land use consultation, jointly commissioned with the land and housing assessment qualification assessment body, evaluate and measure to be reserve land and housing, and feasibility;

    (D) the programme of urban land purchase and reserve in drawing up land reserves, land and resources administration after approval by the city, submitted to the municipal people's Government for approval;

    (E) reserve programme approval, land purchase and reserve agency land back contracts with the original land;

    (F) urban land purchase and reserve in accordance with the land use right to withdraw the contract, paid to the land;

    (VII) approval, land registration formalities according to law, included in the land bank.

    13th land applications for land reserves, shall provide the following information:

    (A) the application for land reserve;

    (B) the land-a legal entity, provide license and proof of identity of the legal representative; land-use rights of a natural person, provide personal legal and valid proof of identity;

    (Iii) land-use right certificate;

    (D) houses ownership certificate;

    (E) other supporting documents shall be submitted.

    14th of municipal land reserve institution signed with the original land land after taking back the contract, shall take the land back contract approval documents to the city and municipal land reserve land and resources, housing and real estate Department for land use rights, the cancellation or the transfer of ownership of housing registration procedures.

    15th land to recover the contract mainly include the following:

    (A) the resumed land's name, address, legal representative, location, scope, level, area, four to use, build (structures) real situations and real estate ownership;

    (B) the land resumption compensation and measures for its implementation;

    (C) the terms and modalities of land;

    (D) rights and obligations of the parties;

    (V) liability for breach;

    (F) handling of disputes;

    (G) other relevant matters.

    16th section has been incorporated into reserves of land needed to compensate original land, compensation in accordance with the following criteria:

    (A) the footprint of the House and its State-owned allocated land, State-owned houses on land expropriation and compensation, in accordance with the relevant provisions of the Ordinance;

    (B) the transfer of State-owned non-residential use of the land, and deductions in accordance with the houses on State-owned land expropriation and compensation regulations compensation remaining after the expropriation of the land for housing, the original land-use market price 50% compensation;

    (C) the transfer of State-owned land, sold the remaining year market prices by the original land use compensation;

    (D) the unit transfer, dissolution, revocation, bankruptcy or other reasons to stop using the allocation of land, compensation in accordance with the relevant provisions;

    (E) to implement the priority right to purchase the land, land in accordance with the Declaration of transfer pricing for compensation;

    (Vi) use the same land replacement reserve, in accordance with the market settlement price difference.

    Article 17th of industrial land has made land, changes in land use must be approved by the municipal people's Government, can enter the land bank program.

    Article 18th dangerous concentration, old city reconstruction of infrastructure such as the need to adjust the use of State-owned land reserved in accordance with the following procedures:

    (A) land purchase reserve to the municipal urban and rural planning authorities consult the planning of land use, determine the scope and conditions of application for planning;

    (B) municipal land reserve institution included land within the reserve lands, building (structures) and other attachment property, land area, four to scope, land uses, such as conducting field investigations and audits, clear land ownership;

    (C) urban land purchase and reserve in accordance with its principal State-owned housing on land expropriation and compensation management office to be reserves within the scope of land and housing measure and evaluate results, feasibility study;

    (D) the programme of urban land purchase and reserve in drawing up land reserves, land and resources administration after approval by the city, submitted to the municipal people's Government for approval;

    (E) reserve programme approval, on State-owned land expropriation and compensation for housing management offices in accordance with the housing levy and compensation of expropriation and compensation rules and regulations specifically responsible for housing, will surrender reserve lands removed after leveling the land reserve and purchase institutions;

    (F) city-owned housing on land expropriation and compensation management office housing expropriation and compensation of costs incurred in the process, according to the assessment results, submitted to the municipal people's Government, paid for by the municipal land reserve institution;

    (VII) land after the acceptance of the transfer of urban land reserve institution and land registration formalities according to law, included in the land bank.

    Article 19th regarding the inclusion of reserve land, approved by the municipal government, municipal government bodies may appoint a land where urban land purchase and reserve (Management Committee), in accordance with the provisions of relevant laws and regulations, implementation of expropriation, compensation, rehousing and so on.
Article 20th under reserve land, land and resources authorities approved by the city, urban land purchase and reserve the right to reserve lands for early development, protection, management, leasing, temporary use and for reserve lands to implement financing pre-development activities.

    21st of municipal land reserve and purchase institutions should be included in the repository of the necessary pre-development land, to supply conditions.

    Land involved in the early development of assessment and construction units should be adopted by way of bidding selection. Clause 22nd reserve lands, in addition to allocate supply according to law, should be taken by the Department of land resources in the city bidding, auction or listing transfer supplies.

Approved by the municipal people's Government, to allocate the use of reserve land, land use shall be paid to urban land reserve institution land reserves, development, administration and other costs.

    Land supply should be preferred from the under reserve land, except as otherwise provided by laws and regulations.

    Article 23rd reserve the main source of funding for:

    (A) the financial arrangements of land purchase and reserve in the budget sector in the start-up funds;

    (B) the land transfer price, the financial sector revenue extracted from State-owned land income fund;

    (C) urban land purchase and reserve in accordance with the relevant provisions of the State, and borrowed Bank loans, other financial institutions, loans and access to other Community financing;

    (D) approval of the financial sector can be used to land bank other funds;

    (E) agencies temporary use of land purchase and reserve revenue reserve land;

    (Vi) interest income generated from these funds.

    Article 24th land reserve fund earmarked for expropriation, and preemptive, the resumption of land and land before the early development of land reserve expenditure. 25th land reserve management should be strictly implementing relevant provisions of land banking funds financial management.

    Land reserve institution shall establish a reserve fund, special account, implementation of earmarking, separate accounts, and the implementation of budget management.

    26th reserve after the assignment of the land bidding, auction or listing, contract price must be paid in full in a timely manner to the State Treasury, early financial departments shall, in accordance with the relevant provisions of the land acquisition fees, development fees, mortgage interest and other expenses be liquidated in a timely manner, returning to land reserve fund special account.

    27th resumption of State-owned land use right according to law the parties refused to hand over the land by the municipal land and resources authorities shall order the return of the land, and in accordance with the People's Republic of China article 43rd of the regulations for the implementation of the land management law, impose a fine of 10 Yuan to 30 yuan per square meter.

    28th during the process of land reserves, land resumed by the original land reserves is not provided complete information required or provide false information, resulting in the loss of the municipal land and resources authorities shall order them to provide complete and true information, and compensation for losses caused by constitutes a crime, criminal responsibility shall be investigated according to law.

    29th of municipal land and resources departments agencies, land purchase and reserve personnel who abuse their powers, neglect their duties, engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 30th public security, urban management, land and resources, administrative law-enforcement departments should cooperate with the competent authorities of included management of reserve lands to take the necessary measures to protect and prevent the occurrence of land rights violations.

    31st article this approach implemented by the municipal Bureau of land and resources and is responsible for the interpretation.

    Article 32nd district (City) land management can be performed in accordance with the measures. 33rd article this way since August 10, 2011. April 20, 2002 implementation of urban land purchase and reserve in Jilin city auction policy repealed at the same time.