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Xining Municipality On Land Reserve Management Practices

Original Language Title: 西宁市土地储备管理办法

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Land reserve management approach in Southern Africa

(Adopted by the 33th ordinary meeting of the People's Government of Sihan, 22 March 2010)

Chapter I General

Article 1, in order to strengthen land management, regulate land reserves, promote land savings and build land security capacities, develop this approach in line with the laws, regulations and regulations of the People's Republic of China Land Management Act.

Article 2

Article III refers to land reserves as defined in this approach to the development, storage and supply of land in accordance with the overall planning, land-use master planning, rural and urban planning of national economic and social development, acquisition, priority purchase, recovery, etc.

Article IV. Land reserves are implemented by government organizations in accordance with the principles of unified reserves, harmonization and harmonization of supply.

Article 5 is the competent authority for land reserves in the current administration.

Specific implementation of land reserves is undertaken by land reserves.

Article 6. Land reserve institutions shall be established by the same level of people, with independent legal personality and subordinate to the same-level land resource management.

The municipal, district land reserve agencies assume land reserves in the city and within the current administration.

Article 7. Sectors such as the city, the territorial resources of the district, the finance and the related branches of the local people's banks should be vested in the division of duties and be accountable and co-ordinated with regard to land reserves.

Article 8 establishes an information-sharing system. Information such as the number of land reserves and supplies, reserves funds and credit volumes should be summarized on a case-by-case basis and exchange of information at the same level.

Chapter II

Article 9. Land reserves should be reasonably determined in accordance with the need to regulate land markets. Land reserves must be in line with the relevant planning and plans, with priority reserves being built on national ownership, severance and low-efficiency.

Article 10. Annual land reserve plans, such as urban, district and land resources, development reform, finance, planning, construction, housing security and housing and related branches of local people's banks, should be based on the overall planning of national economic and social development, land-use master planning, rural and urban planning, land-use annual plans and land market demand and planning conditions for specific plots, to be presented to the Government of the same people for approval and to report back-to-land resource management.

The annual land reserve plan has to be adjusted and should be submitted in accordance with the procedures set out above.

Article 11. The annual land reserve plan shall include:

(i) The size of the annual reserve land;

(ii) The development of the pre-year reserve land;

(iii) The size of the annual reserve land supply;

(iv) Interim land use plan for the annual reserve;

(v) The planned size of land reserves at the end of the year.

Article 12. The implementation of the land reserve plan by the city, the territorial resource management of the district should be based on the procedures for the processing of the relevant approval process.

Article 13 project implementation programmes should include the following:

(i) Overview of the project;

(ii) The size of the project;

(iii) Project planning conditions;

(iv) Key elements for development during the pre-land period;

(v) Cost measurement;

(vi) Fund planning arrangements;

(vii) Other annexes.

Chapter III Scope and procedures for land reserves

Article 14. Overall land-use planning, urban and rural planning identified various types of land for state-owned land-building should be included in the Government's land reserve.

Article 15 includes a State land in one of the following cases, which has been recovered by law and processed for the write-off of land registration procedures, and is included in reserves by land reserves:

(i) The right to land use expires, and the land-use owner has not applied for the duration of the extension or for land that has not been approved;

(ii) To stop the use of land allocated by land units for reasons such as cancellation, relocation;

(iii) Uses such as the approval of closed roads, railways, mines;

(iv) Separate State lands shall be recovered by law;

(v) The land-use-owner's agreement for the use of contracts, such as land-use rights, was dismissed by law;

(vi) Other land that should be recovered without compensation by law.

Article 16 includes a State land in one of the following cases, which is acquired by law and processed for the write-off of the land registration process, and is included in the reserves by land reserves:

(i) Land to be used for public interest;

(ii) Adjustments to the use of land for the implementation of urban planning and the alteration of the old urban areas;

(iii) In the transfer of land-use rights, the Government exercises priority acquisitions;

(iv) The landowner's application for the Government's acquisition of land;

(v) Land-use-owners adjusted for reasons such as relocation, landing assets;

(vi) Other appropriate acquisitions of reserves.

In one of the following cases, farmers are collectively owned by land and are included in the reserves by land reserves following the transfer and collection of land registration procedures by law:

(i) To implement the overall land-use planning, rural and urban planning, all of the land of the farmers who have processed the authorization process for agricultural land transfer;

(ii) It may be converted to all unused land for farmers in the construction area.

Article 18 may be directly incorporated into the reserves after the approval of the municipal and district peoples' governments.

In accordance with Article 19, the acquisition of land by the State of land tenure under the land reserve plan is governed by the following procedures:

(i) Examination of the extent, scope, use, etc. of the proposed acquisition of reserves' land and on-site buildings, constructions and their attachories;

(ii) Clear planning indicators for land proposed for reserves to rural and urban planning sectors, in accordance with urban planning for land use;

(iii) Based on surveys and planning indicators, relevant departments are organizing measurement assessments of the costs associated with land acquisition and the compensation criteria for the acquisition of land;

(iv) Reimbursement criteria for the acquisition of land, in accordance with the results of the land assessment, by the Land Reserve Agency, in consultation with the land-use-rights, and confirmed by the same level of land resources;

(v) Organizing approved land reserve programmes to pay for purchase orders and to work with the land, housing registration authorities to write-off registration procedures;

(vi) After the completion of the registration process, the payment of the cost of land acquisition compensation and relocation indemnity payments, in accordance with the agreement with the State Land Useright acquisition contract signed with the original land-use rights owner, and the transfer of the acquired land and on-site buildings, constructions and their accompanying items into land reserves.

Article 20

(i) In accordance with the approval document of the city, the people of the county and the Government to exercise priority to purchase land-use rights, the land reserve agency pays land purchases to the original land-use-owner in accordance with the land transaction price and the related payment conditions;

(ii) Within 10 days from the date of receipt of the land acquisition price, the original land-use owner shall apply under the law for the processing of land-use rights, the write-off of property rights in the home, the late non-application of applications, and the inclusion of land reserves by land reserve agencies upon application by the land-use, housing property rights registry authorities.

Article 21, land has been processed for agricultural land transfer and approval procedures, incorporating land reserves in accordance with the relevant provisions of national and provincial, city.

Article 22 Reimbursement by land reserves institutions to original land-use rights or owner, as set out below:

(i) Reimbursement for buildings, constructions and their attachments on the State's land and land shall be authorized by law to the appropriate quality of the real estate price assessment body, which shall be evaluated in accordance with the relevant provisions of the State and the provincial, municipal and municipal areas, and shall be reimbursed by the law;

(ii) To collect land, which is compensated in accordance with the relevant provisions of the State and the provinces, municipalities, in accordance with the original uses of the land charged;

(iii) The Government exercises priority land for buying power, which is lower than market prices and compensates for the price of transfer of land-use rights in accordance with the original land-use rights transfer; and other Governments exercise priority to buy-in land and compensate for the assessment price of the property price assessment body with corresponding qualifications.

Article 23 of the land reserve process is levied by the Government of the people at the district level where the house is charged.

Chapter IV Development and use

Article 24 incorporates the land of the reserve, with the approval of the city, the territorial resource management of the district, the land reserve body may carry out activities such as the development, protection, management, temporary use and financing of the reserve land, the development of the pre-implementation period.

Article 25 Municipal and district governments may, as required, clarify property rights, apply for full-scale reserve land, handle land registration procedures and issue land certificates. Prior to the availability of the licensed land, the land certificate should be recovered and the right to land collateral was created before the law was lifted.

Article 26 Land reserves institutions have developed the necessary advance period for land storage, in particular after levied by law, to make it eligible for supply.

In accordance with the provisions of article 27, the development of infrastructures, such as roads, water supply, electricity, heating, communications, lighting, greenization, land parity, should select engineering implementation units through open tendering.

Article twenty-eighth land reserve institutions should maintain a uniformity of the land included in the reserve, establish a government reserve land mark and prevent violations of the rights of reserves.

Article 29 Prior to the lack of supply of land reserves, the land reserve body could make use of buildings, constructions and their attachments on reserves and land reserves, including through rental, temporary use. The temporary use of a mortgage-free reserve land shall be subject to the consent of the collateral. The temporary use of land reserves, which is generally not more than two years, shall not affect the city's constituency environment, shall not be constructed for permanent buildings, constructions and their attachments, without prejudice to the availability of land.

Chapter V

Article 33, after the completion of the pre-recognization of land reserves, is included in municipal, district land supply plans, which are centralized by urban and district land resource management.

The provision of reserve land by the city, the territorial resource management of the district should be developed and the provision of a supply programme was carried out after approval by the same-ranking people. In addition to national security and confidentiality requirements, land supply information must be made public to society.

Article 32 provides for the availability of land reserves and the management of land resources shall be provided by law in the form of tendering, auctions, wallcharts. The land reserve is supplied in an agreement manner, and the land resource management should, on the basis of a local price assessment, review the price of the agreement in accordance with the law, and the result of the agreement is open to society.

The cost of reserve land is borne by landowners by the landowner.

Article 33, the management of the land resources of the city, the district, shall, in accordance with the provisions of the Declaration on the Use of Power in State-building and the State-owned right to use the land-use by means of a lump sum, enable the transferee to proceed with the land-use certificate and not to meet the conditions for investment development under the law and the contract, to transfer land-use rights.

Chapter VI Financial management

Article 34, Income and expenditure management of land reserves must strictly implement the relevant provisions of the financial management of national land reserve funds, which are developed by the Urban Land Resources Administration in conjunction with the city's financial sector, and are carried out after approval by the Government of the city.

In accordance with their respective responsibilities, the municipalities, district finances, audits, inspections should be strengthened to monitor the management of land reserve funds.

Article XV Development of pre-implementation loans for financing to financial institutions shall be secured loans, which must be legally owned by land-use certificates and must meet the loan requirements of commercial banks and other financial institutions.

The size of loans borrowed by land reserves institutions should be tied to the annual land reserve plan, the budget for the land reserve fund project and, with the approval of the same-level financial sector, no excess plan, excess-scale loans. Land reserve loans should be earmarked, closed and not diverted.

Article XVI establishes the right to mortgage on land with the value of deducting proceeds from land that should be paid to the Government in accordance with market assessment values, and the mortgage process is implemented in the light of the transfer of land-use mortgage procedures.

Article 37 may not be used for the security of land reserve loans. Land reserves should strengthen financial risk management without providing security to third parties in any form.

Chapter VII Legal responsibility

Article 338, which is in line with the acquisition of reserves, is not subject to the unauthorized transfer of land-use and buildings, constructions and their accompanying objects by the Land Resources Management in accordance with the relevant laws, regulations, such as the People's Republic of China Land Management Act.

In the context of land acquisitions, the acquisition of land-use holders did not provide the necessary information and land-use status or provide false information to the land acquisition reserve for loss, and the management of the land resources was responsible for its transformation and compensation for economic losses.

Article 40 Damages or the location and mark of the land area in which the land resource management is responsible for the period of time and fines of over 500,000 dollars.

Article 40 impedes the work of land resource management staff in accordance with the law on land reserves, in violation of the H People's Republic of China's Law on the Safety and Security of the People's Republic of China, which is punishable by public security authorities, and in serious circumstances constitutes a crime and is criminally prosecuted by law.

Article 42

Chapter VIII

The specific application of this approach is explained by the management of the city's land resources.

Article 44 The application of land acquisition reserves in the city of Sien (No. 45 of the Municipal Government Order) was also repealed on 6 September 2001.