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Huainan City, Vacant Land Disposal Methods

Original Language Title: 淮南市闲置土地处置办法

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Alternative land disposal options in Southern municipalities

(The 40th ordinary meeting of the Government of the Turkmen Republic of 27 January 2010 considered the adoption of the Decree No. 123 of 29 January 2010 on the date of publication)

In order to effectively dispose of land and to promote savings on land, this approach is based on laws, regulations and regulations such as the Land Management Act of the People's Republic of China, the People's Republic of China Urban Property Management Act and the Act on the Implementation of the National People's Republic of China Land Management in the Gulf of China.

Article 2. This approach applies to the determination and disposal of State-owned land in the city's administration.

Article 3 Leave land disposal should be consistent with the overall land-use planning and overall urban planning, in line with the principle of pre-use, legal disposal, classification and utilization.

Article IV.

The Land Resources Administration is specifically responsible for the identification and disposal of landless land and is responsible for the development of land disposal programmes.

Development reforms, rural and urban planning, construction, inspection, finance, real estate, environmental protection, land reserves, etc., and sector management agencies should, within their respective responsibilities, jointly identify and dispose of land.

Article 5 Land Resources Administration authorities should strengthen monitoring inspections of landless land tenures, establish landless land files, make timely publication of land-breaking and track land use.

The territorial resource administration authorities should establish a mechanism for the sharing of land information with the development reforms, rural and urban planning, construction, inspection, finance, real estate, environmental protection, land reserves, people's banks, and the development (plan) sector management agencies.

Article 6. Land-use rights instruments developed by the territorial resource administration authorities, land concessions contracts with landowners, development of the quotation agreement signed by the District Authority with investors, should be given specific agreement on the completion of the project, planning conditions, investment intensity, timing, benefits and default responsibilities.

Article 7. State-building of the right to use a notice and the award of a contract must contain the manner in which the land is disposed of, the value-added claim and the responsibility for default.

Article 8. Governments and relevant departments should comply with their contractual, agreed obligations under the law. In the absence of a contract, an obligation to agree or an administrative act in conflict with the law resulted in delays in the work of the project, the responsible leadership and direct responsibilities were held in accordance with the law.

Article 9 is in line with one of the following conditions and determines that the land is free:

(i) Without the consent of the Government of the people of the place of approval, more than a State's land-use right to leave the contract agreement or the period specified in the State's land transfer decision expires on the construction of an unmoval worker for one year;

(ii) State ownership of land use does not provide for the duration of construction of the contract or the decision of the State Land Transfers, which has not been established for the development of the movable work since the entry into force of the contract or the establishment of a land-use instrument for the development of the construction of the work;

(iii) The construction of passive jobs, but the development of construction area accounts for less than one third of the total area of movable work development and has not been approved for the discontinuation of the construction of a consecutive year;

(iv) The development of passive workers, but the investment has accounted for less than 25 per cent of total investment and has not been approved for the discontinuation of the development of a continuous year;

(v) Other cases provided for by law, regulations.

Article 10 states have land use rights for contract agreements or for the development of the State's land transfer decisions, which are approved for the duration of the development period.

Article 11 has resulted in delays in work due to force majeure, government and related sector behaviour or the need for maiming for the development of the former period (without reference to the work to be performed by the land-use holder), which has not been taken into account for land tenure.

The Government and its relevant departments have resulted in delays in the use of land-use agents, including the following:

(i) As a result of changes in planning, the Government and its relevant departments suspend the approval;

(ii) State ownership of land use leaves the contract to be agreed by the Government to complete the removal or construction of infrastructure works, but the Government has not completed as agreed, resulting in a project that does not have the conditions for the development of dynamic workers;

(iii) The inability to build jobs due to the territorial dispute;

(iv) The failure of the Government or the relevant authorities to carry out the approval duties under the law.

In one of the cases indicated in the previous paragraph, land-use rights should provide written evidence from the Government or the relevant sector.

Article 12 The Land Resources Administration authorities, when investigating landless land tenure, should provide information on the use of land and provide relevant evidence and material, such as approval planning, completed investment certificates and land rights, as required.

Article 13. The Land Resources Administration determines that the land is left without land and shall produce a land-based declaration to be delivered to the land-use-owner; establish mortgage rights for the landless land and courier; and that the land-breaking case is being tried or executed by the People's Court and that the land titling documents are being sent to the People's Court responsible for the case.

Article 14. Landlessly leaves a year and the land-use rights may choose to dispose of:

(i) A supplementary agreement with the Land Resources Administration to redefine work, the completion period and the responsibility for default (and the land-use owner in the real estate shall also pay a performance bond by 5 per cent of the land price), without work on the basis of the agreed non-reimbursable recovery of land rights (removal performance bonds are not returned);

(ii) Applications for the recovery of land-use rights by Government agreements.

The Land User has not chosen the disposal option within 5 days of the receipt of the land-use titling, and the Land Resources Administration should hold its default responsibilities in accordance with the agreement of the land to give the contract.

Article 15 Landlessly expires for a period of one year, and after payment of land-using fees (20 per cent of the land price payments) the land-use owner may choose to dispose of:

(i) A supplementary agreement with the Land Resources Administration to redefine work, the completion period and the responsibility for default (and the land-use owner in the real estate shall also pay a performance bond by 5 per cent of the land price), without work on the basis of the agreed non-reimbursable recovery of land rights (removal performance bonds are not returned);

(ii) Applications for the recovery of land-use rights by Government agreements.

The land-use authority has not chosen the disposal option within 5 days after the release of the land titling document, and the administrative authorities of the land resources administration should be held accountable for its default in accordance with the agreement of the contract.

Article 16 builds without movable work and land has been left for two years and is free of charge by the municipality, the communes' governments.

After the construction of movables, land is left for two years, and after the payment of land-using fees (removable property projects should also pay value-added land, i.e., the current assessment of land and the difference in the original market value), the land-use holder may choose the following modalities for disposal:

(i) To enter into supplementary agreements with the authorities of the Land Resources Administration to re-establish the responsibility to work, to complete the completion period and to default, without pre-moval work, to recover land-use rights in accordance with the agreed agreement;

(ii) Applications for the recovery of land-use rights by Government agreements.

The right to land use has not been reclaimed by law within 5 days after the release of the land titling document.

Land-use rights should pay land-free and value-added land within the prescribed time frame; refuse to pay and apply to the People's Court by the Land Resources Administration.

Article 17 The Land Resources Administration shall develop a land-use disposal programme in accordance with the principle of saving the landing area, with the option of disposing of land chosen by the land-use owner, which shall be implemented after approval.

The authorities of the Land Resources Administration shall notify, in writing, the relevant collaterals involved in the development of the land disposal programme and seek the views of the relevant judiciary.

Article 18 Land-useholders entered into supplementary agreements with the authorities of the Land Resources Administration to redeploy the agreed time limit for movable work: land was no longer than one year from the date of approval of the disposal programme; land was no longer than six months from the date of approval of the disposal programme; land was over two years; and land was left beyond three months from the date of approval of the disposal programme.

Article 19 Land-useholders have agreed with the Government to recover the land-removable land, and land compensation standards are paid to land-use-use rights holders.

Unless land is recovered by law, and the land-use power has been provided with a corresponding compensation for the authorized building of the land.

Unless land recovered by law is included in the Government's land reserves, which are re-established by law following planning requirements for land use and land use conditions.

The new construction project should, to the extent possible, use the land recovered by law.

Article 20, which results in land use as a result of force majeure, government and related sectors, may be disposed of by the Land Resources Administration in consultation with the land-use rights:

(i) Extension of time for development, but not more than one year;

(ii) Reduce land area for which the corresponding proportion of land has been returned to build inputs;

(iii) Organization of temporary use, pending the availability of development-building conditions and re-approved development;

(iv) The Government's development of alternative land for land-use holders or existing land;

(v) The Government reclaims land and determines that new land-use rights continue to develop construction projects and compensate former landowners; or, when landowners are required to use land, the Government supplys land such as their return to land.

As a result of actions by the Government and the relevant departments, the relevant districts, districts, development (plans) areas, government departments should define responsibility units and responsibilities on a case-by-case basis to clearly reorganize the settlement measures and the time frames, and the principals should make written commitments. The administrative authorities of the State's resources, the inspectorate, should determine the person to conduct a correctional exercise.

Article 21 shall be free of charge from the right to land use, in accordance with the following procedures:

(i) Investigation cases. The authorities of the Land Resources Administration issued a written investigation notice to the alleged owner of the use of land for landless purposes, collected relevant evidence materials, enquired about land-use rights and investigates and maps of landless land;

(ii) To inform the hearing. The right to be granted to land-use rights holders the “removal of land claims”, the notice of the State's right to land use, and the right to be heard, the right to be heard, the right to establish a mortgage on the ground should be informed. The right to land use requires hearing and shall submit written requests within three days of the date of receipt of written notices;

(iii) Decisions. After the approval of the report, the Land Resources Administration issued a “recovery of national land use rights decisions”;

(iv) Delivery and implementation. The National Land-Use Decision was sent to the land-use rights owner within three days from the date of the decision. Removal of land creates mortgage rights, which are accompanied by mortgages. The authorities of the Land Resources Administration withdraw from the construction of land-use instruments or terminate the State's land-use rights to award contracts, should write-off land registration and land-use certificates, inform the society and inform the relevant sectors of development reform, urban and rural planning, construction and real estate of the relevant approval documents in writing.

Article 22 Land-use rights who have been recovered without compensation shall return to land-use certificates within 30 days from the date of the “return of State land-use decision” to the territorial resource administrative authorities for the write-off of land registration procedures. Until such time as the process of write-off of land registration and the non-return of land-use certificates, the authorities of the Land Resources Administration communicate to the community and write-off land registration and land-use certificates directly.

Article 23 of the identifiable land was determined to be disposed of by law, and the authorities of the Land Resources Administration shall not handle the transfer, mortgage, rental procedures.

Land-use rights found to have no land-use rights, and before land is disposed of by law, the Land Resources Administration will no longer accept the application of its new construction project.

Article 24

(i) Removal development construction refers to the receipt of construction permits and the construction of part of the main engineering base;

(ii) The overall area of construction should be developed by passive workers, which means that the land-use authority assigns a contract or assigns a decision-making agreement and planning conditions that should be completed within the specified time frame;

(iii) The area in which construction is developed refers to the construction area in which land-use rights in the total area of operation development have been developed;

(iv) Total investments refer to the total amount of funds made by land-use rights directly for land development, excluding the cost of access to land-use rights;

(v) The amount of investment has been referred to the total amount of funds that land-use rights have been directly involved in building land development;

(vi) Suspension of development construction refers to the discontinuation of construction after passive work and the discontinuation of the duration of development construction in accordance with construction permits.

Article 25 is disposed of in accordance with the relevant provisions of the Government of the city by adjusting the legacy of the administrative area and the State-owned land resulting from the reoccupation of industrial enterprises in the city.

Article 26 is implemented since the date of publication.