Changchun Municipal Land Reserve Management Practices

Original Language Title: 长春市土地储备管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264110.shtml

Changchun municipal land reserve management practices

    (July 22, 2010 Changchun Municipal People's Government at the 29th Executive meeting on July 22, 2010 10th release from Changchun City people's Government as of September 1, 2010) article perfecting land reserve system and intensifying the land control, standardize the land market and promote land saving and intensive use, improve building protection capacities, according to the provisions of the relevant laws, rules 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 to promote rational use of land resources, legal access to land, for early development, storage for the supply of land.

    Article within the scope of the city's State-owned construction land reserves, these measures shall apply.

    Fourth, departments in charge of land and resources of the municipality on land reserve management.

    Urban land reserve institution commissioned by the municipal land and resources administration, responsible for the specific work of the municipality on land reserve.

    Municipal development and reform, finance, construction, planning, premises and other relevant departments shall, in accordance with their respective responsibilities, relevant management work of land reserves in accordance with law.

    Fifth of municipal land and resources administration shall, jointly with the municipal finance, planning, and other related sectors, according to the city's economic and social development plan, land use planning, urban planning, land use planning and land supply and demand situation of the market, preparation of annual land bank plan, submitted to the municipal people's Government and provincial departments of land and resources.

    Sixth annual land bank plan includes:

    (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 annual plan of temporary use of reserve land;

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

    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 municipal land reserve:

    (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 reserve lands;

    (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 services and urban infrastructure requires the use of land;

    (B) adjustments for urban planning, implementation of old city reconstruction needs to be adjusted to use land;

    (C) the land idle for two years;

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

    (E) require the recovery of the land.

    Article tenth resumption of State-owned land, land and resources administration for land use right after registration, urban land reserve institution included land reserve as needed.

    11th made in the exercise of the right of first refusal, in accordance with the following procedures shall be followed:

    (A) the municipality on land reserve mechanism decided by 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 land use right shall on receipt of the price of land in the 15th and apply for land use right according to law, property rights registration; fails to apply for, by the Department of land resources in the city reported to the municipal people's Government for approval, the municipal land and resources, the municipal housing and land administration in accordance with the law of the land use rights, property rights registration.

    12th has been identified by the municipality on land reserve institution consolidated reserve land, the original land land should be maintained and built on the ground (structures) status, without further changes, construction, planning, housing, industrial and commercial sectors for which no changes relevant approval procedures.

    Article 13th back into State-owned land bank in accordance with the following procedures:

    (A) the municipality on land reserve institution for inclusion in land reserve lands, building (structures) and other attachment property, land area, four to boundaries, land uses, such as conducting field investigations and audits, clear land ownership;

    (B) municipal land reserve to the municipal planning authorities consult the planning of land use, planning conditions;

    (C) urban land reserve and land use rights, consultation, assessment bodies entrusted with land and houses to assess qualifications for the proposed reserve land and housing for calculation and assessment and feasibility studies;

    (D) the municipality on land reserve institution develop land reserve programme, land and resources administration after approval by the city, submitted to the municipal people's Government for approval;

    (E) reserve programme approval, urban land reserve and land use rights, signed a contract of land resumption;

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

    (G) after examination by the City Department of land and resources, land registration formalities according to law, incorporating land reserves.

    Article 14th 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, to provide personal identification;

    (Iii) land-use right certificate;

    (D) houses ownership certificate;

    (V) other documents shall be submitted.

    15th 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, the Housing Authority land, property write-offs and changes (transfer) registration.

    16th section land to recover the contract consists of the following main elements:

    (A) the resumed land's name, address, legal representative, location, four to the scope, level, size, purpose and built on the ground (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 both parties;

    (V) liability for breach;

    (F) handling of disputes;

    (G) other relevant matters.

    Article 17th has been incorporated into reserves of land, needed to the land compensation, compensation by municipality on land reserve institution according to the following criteria:

    (A) the allocated land-use right and House on the ground according to the replacement value in unified computing compensation;

    (B) land, in accordance with the remaining life assessment of premium compensation;

    (C) building on the land (or structures), according to housing compensation for expropriation and compensation provisions of laws or regulations;

    (D) approved the relocation and restructuring of enterprises, compensation in accordance with the relevant provisions of the municipal government;

    (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.

    18th article according to the needs of public interest, municipal land reserve institution and former land reach an agreement, in accordance with the laws and regulations of permissions and apply on the original land in accordance with law of the land, housing and other real property introduction.

    Article 19th into the reserve lands, approved by the municipal land and resources administration, municipal land reserve institution the right to reserve lands for early development, conservation, management, leasing, temporary use and for reserve lands to implement financing pre-development activities.

    20th of municipal land reserve mechanism should be included in the annual land reserve project with land reserve development and implementation programme.

    Pre-development land reserve development plan including land reserve block scope, land area, regulatory conditions, ground conditions, early land reserve development costs, land, development planning, implementation, and so on.

    21st urban land reserve institution shall, in accordance with the land development scheme, select confirm through bidding, dismantling and construction units in pre-development land reserves.

    22nd land reserve development costs include:

    (A) the collection, recovery of compensation costs;

    (B) the early land development costs;

    (Iii) other related costs.

    Article 23rd land selection should give priority to the inclusion in the reserve land, except as otherwise provided by laws and regulations. Clause 24th land reserve management of construction land, should be taken by the Department of land resources in the city bidding, auction or listing transferred.

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

    25th land reserve management should be strictly implementing relevant provisions of land banking funds financial management, municipal finance department, through Fund budget spending will land costs allocated to the land reserve institution.

    Article 26th reserve the main source of funding for:

    (A) the arrangements from the land revenue is imposed by the financial sector, recovery of compensation, land development expenses and other related expenses incurred in the process of reserve lands;

    (B) State-owned land income fund;

    (C) loans from banks and other financial institutions;

    (Iv) other funds;

    (V) interest income generated from these funds.

    27th land reserve fund earmarked for expropriation, and preemptive, the resumption of land before the early development of reserve land bank expenses.
28th article should be law of the land, land not subject to recovery, unauthorized transfer of land by the municipal land and resources authorities shall order the return of the land, and punishment according to law.

    Article 29th during the process of land reserves, land resumed by the original required to take reserve land is not complete information or provides false information, causes losses to the municipality on land reserve institution by the municipal land and resources authorities shall order them to provide complete and true information, and is responsible for compensation for loss caused by the.

    30th of municipal land and resources departments and municipal land reserve institution personnel who abuse their powers, neglect their duties, engage, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions.

    31st in each County (City) land reserves in accordance with the measures implemented. 32nd article this way come into force on September 1, 2010. September 25, 2001 the purpose of the interim measures for the land purchase and reserve in Changchun City abolished at the same time.