Vacant Land In Changsha City Approach

Original Language Title: 长沙市闲置土地处理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351792.shtml

Vacant land in Changsha city approach

    (Changsha city, December 8, 2010 at the 13th session of the people's Government of the 37th Executive Meeting May 12, 2011 the city of Changsha Municipal People's Government, the 113th published come into force July 1, 2011) first in order to strengthen land management, promoting the effective use of land, idle land according to law, in accordance with the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law provisions, combined with the city's actual, these measures are formulated.

    Second idle land within the administrative area of the city to deal with these measures shall apply.

Article city and County (City) land administrative departments of people's Governments in charge of the vacant land within the administrative area to work, organize the implementation of these measures.

Planning, supervision, finance, development and reform, housing and urban-rural development, the State-owned assets administrative departments according to their respective duties, such as assisting in the implementation of these measures.

    Idle land, town, seat of the district (town) people's Government, the subdistrict offices should help the land administrative departments do a good job handling of idle land.

Fourth city, County (City) land administrative departments of the people's Government of idle land inspection system should be established, to supervise and inspect the land use.

    Units and individuals can report acts of idle land or reflect the situation.

    Article fifth idle land in these measures refers to the land after obtaining the land use right according to law, without approval of the people's Government of the right, exceeding the prescribed period has not started construction or have started construction investment or development of land areas which do not meet the requirements of construction land.

Sixth article has one of the following, identified as vacant land:

(A) without the approval of the people's Government of the right, more than paid use of State-owned land use right contract or State-owned land development and construction of approval documents did not start on time as stipulated;

(B) the paid use of State-owned land use right contract is not agreed or State-owned land development and construction of approval documents does not specify the start date, the contract has come into force or the expiration of 12 months from the date of approval documents issued did not start development and construction;

(C) has started development but development and construction of land development and construction should commence land area less than 1/3 or investment with a total investment of less than 25%, and has not been suspended with the approval of the development and construction of at least 12 consecutive months;

    (D) other circumstances as stipulated by laws and regulations. Seventh article for delay delivered land, and urban and rural planning adjustment (for land right people application adjustment State-owned construction with to using right paid using contract agreed of planning conditions of except), and municipal based facilities construction, Government and the Government about sector of behavior caused land not by provides development construction of, land right people should to city, and County (City) Government land administrative competent sector submitted related written proved file, by city, and County (City) Government land administrative competent sector verified and reported sibling Government finds Hou,

    Periods not included in the land affected land idle time limit.

    The eighth Government and acts of government authorities of land development and construction of not complying with the provisions of, and supervision departments should be on the relevant duties of the staff of conducting the investigation, did not perform their duties according to law, shall be investigated for criminal responsibility of administrative responsibility.

Article handling of idle land in land units.

    Started developing building land area area of land development and construction should start 1/3 or construction projects of the investment total investment reached 25%, land, dividing land undeveloped land registration after registration, re-registration area identify idle land area of, their land idle time from date of registration.

    Tenth paid use of State-owned land use right contract, State-owned land use right transfer approval documents or construction of the provisions of the approved construction documents phases, phased construction scope identify idle land area.

11th city, County (City) land administrative departments of people's Governments shall, in accordance with the following procedures for dealing with idle land:

(A) investigation and evidence gathering;

(B) inform the parties have determined that the facts, grounds, and basis of the idle land;

(C) listen to the statements of the parties and representation; the parties to request a hearing, shall hold a hearing; (D) to develop idle land disposal programme. Idle land treatment programmes should have the right of approval of the people's Government for approval.

On idle land mortgaged or to take measures of Conservancy established by law, shall notify the mortgagee or to take measures of conservancy authorities involved in programme formulation;

(E) the idle land treatment decisions;

    (Vi) served on idle land in the written decision. 12th city, County (City) land administrative departments of the people's Government of unused land surveys, land should be given notice of vacant land survey.

Idle land survey land shall from the date of service of the notice in the 15th, land usage, unused reasons land utilization of comments submitted to the municipal or County (City) land administrative departments of the people's Government.

City, County (City) land administrative departments of the people's Government of idle land survey conducted in accordance with law, may take the following measures:

(A) asking the parties;

(B) site investigation, photo taking, video;

    (C) consult and copy the relevant information.

The 13th article other than seventh under these measures, land of idle lands in more than 12 months, city and County (City) land administrative departments of the people's Government of idle land according to the following criteria:

(A) the idle time of 12 months and 18 months of age, in accordance with the land use right transfer of 7%-10% idle land charges;

(B) the idle land for 18 months and 24 months of age, in accordance with the land use right transfer of 12%-15% idle land charges;

(C) the idle land under 24 months, in accordance with the land use right transfer of 17%-20% land idle.

    Land shall be paid within the time provided in the land idle, refusing to pay, city and County (City) land administrative departments of people's Governments may request the people's Court for compulsory execution.

14th article other than seventh under these measures, upon confirmation of idle land for 12 months and 24 months of age, except as provided pursuant to this article 13th land idle costs, can also be processed as follows:

(A) entered into a supplemental agreement, re started the development and completion of terms and liability (re start extended development period should not be longer than 12 months);

(B) agreement to recover land tenure;

(C) otherwise stipulated by the State.

    Land after receiving the written decision, idle land is not selected within the 5th approaches, city and County (City) land administrative departments of people's Governments shall, in accordance with the State-owned construction land use right to compensation for the use of the contract are held accountable for breach of contract.

15th article other than the seventh provided these measures, identified time 24 months of idle land, idle land except in accordance with these measures the 13th article fee, can also be processed as follows:

(A) not commenced construction, according to law, the resumption of land tenure; (B) has started construction, in accordance with the provisions of the first paragraph of this article 14th first approach.

    People refused to sign a supplementary agreement of land, city and County (City) land administrative departments of people's Governments shall, in accordance with the State-owned construction land use right to compensation for the use of the contract are held accountable for breach of contract.

    16th in accordance with the approach set forth in the 14th, 15th, using idle land signed a supplementary agreement, may not change the paid use of State-owned land use right contracted volume, high limit plan indicators. 17th, according to law, to recover land, the original land idle land shall from the date of service of the decision of 30th idle land treatment decisions in accordance with the requirements of the transfer of the land.

    Refusing to return continue to occupy land, illegal land be dealt with according to law; fails to land registration, failure to return the land use certificate, by the city and County (City) land administrative departments of the people's Government of land registration cancelled.

    Article 18th resumption of idle land, by the city and County (City) land administrative departments of people's Governments at City and County (City) Government into city and County (City) Land Bank, by the city and County (City) land reserve Center management and announced to the public.

    19th article other than seventh under these measures, land of idle lands in more than 12 months, city and County (City) land administrative departments of people's Governments shall, in accordance with State regulations limiting their participation in land bidding, auction and listing activities.

    20th hinder land management staff performing official duties according to law, should be given administrative penalties for public security, the public security organs shall be punished; constitutes a crime, criminal responsibility shall be investigated according to law.

    21st land management of dereliction of duty, abuse of power, by their work units or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

22nd article about the meaning of the term in this way:

Total investment: refers to the land directly into the total amount of funds for land development, does not include the cost of obtaining the land and pay taxes to the State.

Investment: refers to land users have put total funds for land development and construction.

Start development: refers to the housing construction project has been implemented pass loads to the Foundation of the building construction of substructure, other construction project has been implemented through water, power, through substantial construction such as roads and site formation works.

Area of land development and construction should start: refers to the land in accordance with the paid use of State-owned construction land use right contract or written decision on the allocation of agreed conditions and planning and design, development and construction should be completed in the time allotted land areas.

    Area of land development and construction: refers to area of land development and construction should start in the actual development of land had entered land area.

    The 23rd collective construction land idle and ordered development; fails to exploitation, be dealt with in accordance with the relevant provisions of the State. 24th article this way come into force July 1, 2011. On August 3, 1999 the purpose of abolition of the idle land in Changsha solution at the same time.