Xining Municipality On Land Reserve Management Practices

Original Language Title: 西宁市土地储备管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257738.shtml

Xining municipality on land reserve management practices

    (Municipal Government of Xining, March 22, 2010 at the 33rd Executive meeting on March 30, 2010, 99th Xining people's Government promulgated as of May 1, 2010) Chapter I General provisions

    First in order to strengthen land management, regulating land reserve Act, promote land saving and intensive use, improve building protection capacity, in accordance with the People's Republic of China land management act and other laws and regulations, combined with the city's actual, these measures are formulated.

    Second reserve land within the administrative area of the city and their management procedures apply.

    Article III land reserves in these measures refers to achieve control the land market, promoting the rational use of land resources, in accordance with overall national economic and social development of the city planning, land use planning, urban and rural planning, through diversion and imposed in accordance with law, acquisitions, preemptive, recovery, such as access to land, for early development, storage for the supply of land.

    Fourth land reserves in accordance with the consolidated reserves, consolidation, unified supply principles, organization and implementation by the Government.

    Fifth of municipal and county administrative departments of land and resources is land reserves of competent authorities within their respective administrative areas.

    The concrete implementation of the work of land reserve and land reserve institution.

    Article sixth of land reserve institution shall be approved by the people's Government at the establishment, have independent legal personality, under the management of land and resources departments at.

    Land reserve institution bear the municipal and County Municipal District and land reserve work within their respective administrative areas.

    Article seventh city and County land and resources, financial and bank branches and other departments of the local people shall be in accordance with the Division of responsibilities, accountability, co-ordination, in collaboration with relevant work of land reserve. Article eighth establish an information-sharing system.

    City and County land and resources, financial and bank branches should land reserves and supply quantities, reserve payments, loan information such as quarterly sequential totals reported to the competent authorities, and to exchange information between departments at the same level.

    Chapter II plan management Nineth land reserves should be according to control the land market need, reasonable land reserves.

    Land reserves must comply with the relevant planning and scheduling, priority reserves idle, idle, and inefficient use of land for construction of State-owned stock. Tenth land reserve program management.

    City, and County land resources, and development reform, and financial, and planning, and construction, and housing guarantees and property and the local people bank related points branch, sector, should according to economy and social development general planning, and land using general planning, and urban and rural planning, and land using annual plans and land market supply and demand status and specific plots of planning conditions, common prepared annual land reserves plans, reported sibling Government approved, and reported superior land resources management sector record.

    Adjustment of annual land bank plan really necessary, shall, in accordance with the procedure provided for in the preceding paragraph for approval.

    11th annual land bank plan should 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 annual plan of temporary use of reserve land;

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

    12th of municipal, County, land and resource management implementation of the land bank plan shall prepare a project implementation plan, reported to people's Governments at the same level for approval, as a basis for relevant examination and approval procedures.

    Article 13th project implementation plan should include the following:

    (A) introduction;

    (B) the project size;

    (C) the conditions of project planning;

    (D) the main contents of the pre-development land;

    (E) cost accounting;

    (F) the funding schedule;

    (VII) other attachments.

    Chapter III scope of land reserves and programs

    14th overall land-use planning, urban and rural planning to determine types of land for State-owned construction land, should be included in the Government land bank.

    15th under any of the following circumstances State-owned land, land resumption of land use right according to law and the cancellation of registration formalities, by the land banking institutions into the reserve:

    (A) the expiry of the land, land without applying for renewal or renewal has not been approved by the land;

    (B) the land due to undo, migration, and other reasons, stopped using the original allocated land;

    (C) approved the scrapping of road, rail, mining and other land;

    (D) the recovery of unused State-owned land in accordance with law;

    (E) land in violation of land use contract was paid in accordance with the termination of the contract;

    (Vi) the land according to law, should be resumed.

    16th under any of the following circumstances State-owned land, after the purchase of land and the cancellation of registration according to law, by the land banking institutions into the reserve:

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

    (B) for the implementation of urban planning and reconstruction of the old quarter, you need to adjust use of land;

    (Iii) land-use right transfer, the Government exercise its preemptive right to lands;

    (D) the land applied for land acquisition by the Government;

    (E) land for relocation, inventory adjustment of land assets, land;

    (F) other appropriate reserve lands.

    17th under the following circumstances of rural collective land, diversion and imposed in accordance with law and the cancellation of land registration procedures and by the land banking institutions into the reserve:

    (A) for the implementation of land-use planning, urban and rural planning, according to farmers in farmland and approval procedures of collectively-owned land;

    (B) the conversion of unused land use land collectively owned by peasants.

    Article 18th does not determine land use State-owned land, approved by the city and county governments can be directly incorporated into the reserve.

    Article 19th land reserve plans to buy State-owned land use right of the land, land reserves in accordance with the following procedures shall be followed:

    (A) for the proposed reserve land and buildings and structures on the ground and its attachments ownership, size, scope and purpose of investigations;

    (B) the proposed reserve available to urban and rural planning departments, in accordance with urban planning and land use on reserve land to confirm, clear the planning target;

    (C) according to survey and planning indicators, relevant departments on land acquisition-related costs and land acquisition compensation standards for calculating assessments;

    (D) the compensation standard of land acquisition, according to assessment results from land reserve institution and land use consultation, approved by the Ministry of land and resources departments at confirmation;

    (E) organize the implementation of approved programmes of land reserves, acquisition to pay deposit, and to ownership of land, real estate registration office for the registration;

    (F) authority to cancel the registration after completion of formalities, in accordance with the original land of State-owned land use right acquisition contract, signed contract, pays compensation for land acquisition and compensation rates, and transfer the acquired land and buildings, fixtures and attachments into the land reserve.

    20th city or county people's Government exercise its preemptive right to obtain land, land reserves in accordance with the following procedures shall be followed:

    (A) based on city or county people's Government exercise its preemptive approval documents of the land, land reserves in accordance with the land transaction prices and related payment terms to the original land cover land purchase price;

    (B) are received by the original land within 10th of the land purchase price, it shall apply for land use rights, property rights registration; fails to apply for, reserve lands, by the land property rights registration authority, according to land use rights, property rights registration into the land reserve.

    Article 21st has the approval of the farmland and the imposition of formalities, in accordance with the relevant provisions into national and provincial and municipal land reserve.

    22nd reserve land in accordance with the following provisions of the original land or owner be compensated:

    (A) State-owned land and compensation for buildings, fixtures and attachments on the ground, he shall entrust a qualified real-estate prices assessment agencies, an assessment in accordance with the relevant provisions of national and provincial, municipal, and upon confirmation of approval to compensation according to law;

    (B) expropriating land, in accordance with the original use of the expropriated land, according to the relevant provisions of national and provincial and municipal compensation;

    (C) the Government exercise its preemptive right to lands, land use right transfer price below the market price, the original price of land use right transfer compensation; other Government exercise its preemptive right to lands, in accordance with the corresponding qualification of the assessed value of real estate appraisal institutions be compensated.

    Article 23rd land reserve in the homes, homes where the people's Governments above the county level shall organize according to law enforcement.

    The fourth chapter development and utilization

    Clause 24th reserve lands, approval by the city and County land and resources management, land reserve to reserve lands for early development, conservation, management, temporary uses and financing for reserve lands, implementation of early development and other activities. 25th of municipal and county governments may, as necessary, clear property rights, application materials are complete of reserve land, land registration, and issued land certificates.

    Before the supply has been issuing reserve land, should recover the land, establishment of a mortgage of land, and need to be lifted in accordance with law.

    26th a land reserve institution dealing with reserve lands shall be collected in particular into the reserve necessary pre-development land, to supply conditions.

    27th early development involving roads, water supply, power supply, gas supply, drainage, communications, lighting, landscaping, land formation, infrastructure development, shall, in accordance with the relevant regulations, select project implementation units through public bidding.
28th reserve land under reserve land should be unified stake and bound, established Government reserve land marks, prevent the occurrence of land rights violations.

    Article 29th before reserve land does not supply and land reserve institution can reserve land and buildings and structures on reserve land and its attachments, by rental, temporary use or any other means be used. Temporary use of reserve land for setting up the mortgage and shall obtain the consent.

    Temporary use of reserve land, there is generally no more than two years, should not affect the environment, not build permanent structures, fixtures and attachments, cannot affect the supply of land.

    The fifth chapter on land supply

    Article 30th reserve land after completing the early development and consolidation into city and County land supply plans, by the city and County land and resources administration centralized supply. 31st city and County land and resources management supply reserve land, should develop supply solutions, reported to people's Governments at the same level for approval.

    Apart from national security and confidentiality requirements, land supply must be open to the public. Article 32nd reserve of land transfer supplies, land and resource management Department shall provided through bidding, auction and listing.

    Supply of reserve land by agreement, land and resource management should be based on the evaluation, audit to determine the price in accordance with law, Protocol results to the public.

    Reserve supplies of land allocation, land costs borne by the land.

    Article 33rd city and County land and resources management Department under the State-owned construction land use right purchase confirmation and the provisions of the State-owned construction land transfer contract, after the assignment of the collection of all the total price, the assignee shall be handled land use permit, does not meet the legal provisions and the contractual conditions of investment and development, land-use right is not transferable.

    The sixth chapter funds management

    Article 34th land reserve fund revenue and expenditure management to strictly enforce the relevant provisions of the financial management of State land reserves, through the municipal land and resource management authorities and the Municipal Finance Department developed and submitted to the municipal people's Government for approval before implementation.

    City and County departments such as the financial, auditing, monitoring, consistent with their respective responsibilities, shall strengthen the monitoring of land banking funds management.

    35th land reserve institution financing development and consolidation in the early implementation of applications for loans from financial institutions for secured loan, mortgage must have a valid land-use permits must meet the lending requirements of commercial banks and other financial institutions. Land reserve institution to borrow loans, shall reserve plan, and annual land bank funds project budgets are connected, and submitted to the approval of the Finance Department at the same level, not more planning, hyper-scale loans.

    Land reserve earmarked, closed management should be implemented, not to misappropriate.

    Article 36th reserve land mortgaged, valued at market value deductions should be turned over to the Government's land transfer income to determine mortgage process with reference to land a mortgage program. 37th Government funds may not be used for a land bank loan guarantees.

    Land banking institutions should strengthen financial risk management, may not in any form of guarantees to third parties.

    The seventh chapter legal liability

    Article 38th eligible for reserve land, land not subject to reserve the unauthorized transfer of land use rights and buildings, fixtures and attachments, managed by the land and resources department in accordance with the People's Republic of China land management law and other relevant laws and regulations will be punished.

    39th in the process of land acquisition, acquisition of land is not required to provide acquisition information and land use conditions or providing false information to the work caused the loss of land purchase and reserve, managed by the land and resources department be ordered to correct and make compensation for the economic losses.

    40th damaged or mobile land boundary markers and signs Government reserve, rectification by the land and resources management departments, and fined a maximum of between 2000 Yuan and 500 Yuan.

    41st hinder land and resource management staff in accordance with the work of land reserve, in violation of the People's Republic of China Law on administrative penalties for public security, shall be punished by public security organs are serious as to constitute a crime, criminal responsibility shall be investigated according to law.

    42nd land and resource management and land reserve institution staff, dereliction of duty, abuse, or taking advantage of his position to solicit or illegally accepting other people's property, causes losses to the State, collectives and individuals, penalties constitute a crime, criminal responsibility shall be investigated according to law.

    The eighth chapter by-laws

    43rd the concrete application of these measures, by the municipal land and resource management is responsible for the interpretation. 44th article of the rules take effect on May 1, 2010. Municipal governments, released on September 6, 2001 of the measures for the implementation of land purchase and reserve in Xining (45th of the municipal government) abrogated.