Huainan City, Vacant Land Disposal Methods

Original Language Title: 淮南市闲置土地处置办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257687.shtml

Huainan city, vacant land disposal methods

    (January 27, 2010 Huainan Government 40th times Executive Conference considered through January 29, 2010 Huainan Government makes 123th, announced since announced of day up purposes) first article for effective disposal idle land, promote save intensive with to, according to People's Republic of China land management method, and People's Republic of China City real estate management method and Anhui Province implementation straddling People's Republic of China land management method approach, legal, and regulations, combined this city actual, developed this approach.

    Second approach applies to state-owned idle land within the administrative area of the city of identified and disposed of.

    Idle land disposal shall be in conformity with article III of general land use planning and urban planning, follow to use first, prosecuted, classification, handling, intensive use of principles.

    Fourth of municipal and County leadership of idle land disposal, approval of idle land programme, coordination, significant problems in handling idle land disposal.

    Land and resources administrative departments specifically responsible for the identification and disposal of idle land, responsible for organizing the development of idle land disposal programme.

    Development and reform, urban and rural planning, construction, supervision, finance, real estate, environmental protection, land bank and other development (Park) zone management institution shall, within their respective mandates, joint identification and disposal of idle land.

    Article fifth land and resources administrative departments should strengthen the supervision and inspection of idle land, idle land records established, timely publication of vacant land and track utilization of idle lands.

    Land and resources administrative departments shall, together with the development and reform, urban and rural planning, construction, supervision, finance, real estate, environmental protection, land reserves, banks and other sectors and the development of the people (Park) information sharing mechanism for land management agencies to establish idle.

    Sixth administrative departments of land and resources to develop land tenure bid, auction documents, land transfer contract with the land, the development (Yuan) investment agreement for regulators and investors, open time for completion of the project, should be planning conditions, investment intensity, time of production, income and so on make specific content and liability for breach of contract.

    Article seventh State-owned construction land transfer notice and contract must set forth the idle land disposal, value-adding standards and liability for breach of premium charged. Eighth Government at all levels and the departments concerned shall fulfil their contracts, obligations of the agreement.

    Because of failure to perform the contract, as stipulated in the agreement obligations or unlawful administrative act causes delayed commencement of the project, responsible leaders and persons, according to the circumstances, shall be investigated for criminal responsibility.

    Article meets one of the following construction land, identified as vacant land:

    (A) without consent of the original people of the land Government, over State-owned land use right transfer contract or a written decision on the allocation of State-owned land development and construction of a year did not start on time as stipulated;

    (B) State-owned land use right grant contract is not agreed or State-owned land decided to start development and construction period not covered in books, since the State-owned land use right transfer contract or construction to commence one year after the date on which the instrument of ratification issued development and construction;

    (C) has started construction, but development and construction should commence development and construction area total area of less than one-third and has not been suspended with the approval of the development and construction of a continuous period of one year;

    (D) has started construction, but has been insufficient investment in total investment 25% and has not been suspended with the approval of the development and construction of a continuous period of one year;

    (E) other circumstances as stipulated by laws and regulations.

    Article tenth of State-owned land use right grant contract agreement or transfer decision stipulates phased development of State-owned land, idle land area approved by the phased development of range.

    11th due to force majeure, Government and relevant departments or to start developing the necessary preliminary work (excluding land shall bear) start delay caused, after reviewing the case, not included in the land during the period of idle time.

    And the relevant departments of the Government caused land start delay include the following:

    (A) planning changes, caused by the Government and related departments to suspend approval;

    (B) State-owned land use right transfer contract by the Government to complete the demolition or building infrastructure projects, but the Government has not completed as agreed, start projects do not have conditions of development;

    (C) the construction of development resulting from land ownership disputes;

    (D) the Government caused by the approval or the relevant Department of failing to perform their duties.

    Of any of the circumstances listed in the preceding paragraph, land should be provided with written documents or relevant departments of the Government.

    12th Chief of land and resources authorities in the investigation of idle land, land should be made in respect of the utilization of land description, and approved plans, as required of completed investment certificates and land rights and other related evidence and materials.

    13th land and resources administrative departments identify idle land, shall draw up a certificate of idle land, land service; idle land to set up a mortgage, with a copy to the mortgagee; idle land in connection with being carried out by the people's Court or, certificate of idle land and CC's Court responsible for hearing the case.

    14th land idle for less than a year, the right people can choose to dispose of in the following ways:

    (A) signed a supplementary agreement with the land and resources administrative departments, re commencement and completion deadlines and liability (real estate land land land 5% of the price of either should also pay a performance bond), fails to start, completed, in accordance with the contract free to recover land (land use performance bond shall not be returned);

    (B) apply for agreement by the Government to recover land.

    After receiving the certificate of idle land land disposal is not selected within the 5th, land and resources administrative departments shall, in accordance with the land transfer contracts are held accountable for breach of contract.

    15th the land idle for one year and two years of age, pay a fee for unused land (by assignment or allocation of land 20% of the price paid), the land disposal can choose one of the following ways:

    (A) signed a supplementary agreement with the land and resources administrative departments, re commencement and completion deadlines and liability (real estate land land land 5% of the price of either should also pay a performance bond), fails to start, completed, in accordance with the contract free to recover land (land use performance bond shall not be returned);

    (B) apply for agreement by the Government to recover land.

    Land after receiving the certificate of idle land disposal is not selected within the 5th, land and resources administrative departments shall, in accordance with the land transfer contracts are held accountable for breach of contract.

    16th not commenced construction land idle for two years, city and county governments, according to law, to recover the land.

    Started development and construction land idle for two years, pay a fee for unused land (real estate value-added premium shall be paid, that is, the assignment of the current assessment of land premiums and the original premium price), land disposal can choose one of the following ways:

    (A) signed a supplementary agreement with the land and resources administrative departments, re commencement and completion deadlines and liability, is not commenced and completed on time, in accordance with the contract free of resumption of land tenure;

    (B) apply for agreement by the Government to recover land.

    Land received a certificate of idle land not in accordance with the provisions of the preceding paragraph within 5th after selecting disposal, according to law, to recover the land.

    Land shall be paid within the period specified in the idle land fees and value added of land; refusing to pay, and the Department of land and resources administration apply to a people's Court for compulsory execution.

    17th land and resources administrative departments should be based on the principles of economical and intensive land use, combined with the choice of land vacant land disposal to develop idle land disposal programme, and approved before implementation.

    Idle land to set up mortgage or be seized by judicial authorities to take measures to limit land rights, land and resources administrative departments shall notify the relevant mortgagee into the idle land disposal programme development work, and to seek the views of the relevant judicial authorities.

    18th article land right people and land resources administrative competent sector signed added agreement, again agreed of started deadline for: land idle discontent one years of, since disposal programme approved of day up shall not over one years; land idle full one years discontent two years of, since disposal programme approved of day up shall not over 6 months; land idle full two years of, since disposal programme approved of day up shall not over 3 months.

    Article 19th land agreement with the Government resumption of idle land, compensation standard for land land land land price paid.

    Resumption of idle land according to law, the land according to plan approved the construction of above-ground buildings, corresponding compensation according to the replacement value of the audit.

    Resumption of idle land into government land reserve in accordance with law, in accordance with the planning requirements of land-use and land-use conditions, redefine the right according to law.

    New project site selection, should make the resumption of idle land according to law.

    20th due to force majeure, Government and relevant sectors caused by acts of idle land, land and resources administrative departments may consult with land, disposal in the following ways:

    (A) the extended development time, but shall not exceed one year;

    (B) for an area reduction, refund the appropriate proportion of land acquisition costs and early development and construction investment;

    (C) arrange for temporary use, original projects to the development conditions, approved construction again;

    (D) other equivalent government land replacement idle land or existing development and construction;
(E) the Government will resume the land new construction project continues to develop land on the original building, and compensation for the land or the land use land, equivalent of land supply instead of the return of land to the Government.

    Due to the acts of the Government and relevant departments of idle land, relating to County, district, development (Park), government departments should be itemized to determine responsibility and responsible, clear measures of rectification and processing time, principals should be made in writing.

    Land and resources administrative departments, supervisory authorities should determine the specialist, overseeing the follow up all matters.

    Article 21st free take back of idle land, land and resources administrative departments should be carried out according to the following procedure: (A) in the investigation.

    Land and resources administrative departments to people suspected of idle land will issue a written notice of investigation to collect relevant evidence, asking the land and vacant land survey and survey; (B) informing and hearing. Certificate of land given to the land of the free and the resumption of State-owned land use right notice and inform the statements, and the right to apply for a hearing to be heard; idle land to set up a mortgage, notify the mortgagee.

    Land the right to request a hearing, shall from the date of receipt of the written notice within the 3rd application in writing; (C) decision.

    After the approval of land and resources issued by the administrative departments of the written decision on the resumption of State-owned land use right; (D) the service and execution. The resumption of State-owned land use right from the date of making of the decision served on land in the 3rd person. Idle land to set up a mortgage, with a copy to the mortgagee.

    Administrative departments of land and resources revoked land of ratification or termination of the contract of State-owned land use right transfer, cancellation of land registration and land-use certificates to society announcements, and notify the development and reform, urban and rural planning, building, real estate and other relevant departments to revoke the relevant documents of ratification. 22nd free take back of idle land land, shall the resumption of State-owned land use right within 30th the day of service of the decision, to the land and resources administrative departments for cancellation of land registration, returned to the land use certificate.

    Fails to cancel the registration, without surrendering their land-use certificates, the Department of land and resources administration to society announcements, direct cancellation of land registration and land-use certificates.

    Article 23rd before disposal by identify idle land in accordance with the law, land and resources administrative departments shall apply the land use right transfer, mortgage, lease formalities.

    Land judged idle land, in front of the idle land disposal, land and resources administrative departments not to proceed with its application for a new project.

    About the meaning of the term in the 24th article this way:

    (A) commence development refers to obtaining construction licenses, and has implemented part of the main engineering construction;

    (B) development and construction should start refers to the total area of land under the land contract or a written decision on the allocation of contracts and planning conditions, an area of development and construction should be completed within a specified time;

    (C) is the area of development and construction should commence development land in the General area of actual investment development and construction of the area;

    (D) the total investment value refers to land directly into the total amount of funds for land development and construction, not including the costs of obtaining the land;

    (E) investment means the land has direct total investment funds for land development and construction;

    (F) suspend construction refers to the commencement of construction, suspension of development and construction of continuous-time in accordance with the construction permit identification.

    25th due to the adjustment of administrative division existed issues left over from industrial enterprises out of the city into the Park and city-owned vacant land, in accordance with the relevant provisions of the municipal disposal. 26th article this way come into force on the date of promulgation.