Nanning Withdraw Interim Measures For The Management Of State-Owned Land

Original Language Title: 南宁市收回国有土地使用权管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257641.shtml

Nanning withdraw interim measures for the management of State-owned land (The 12th Executive meeting of the people's Government of the 81st, Nanning, February 20, 2010 March 22, 2010 by Nanning Government released 30th come into force on May 1, 2010) article for intensive scientific and rational use of land, regulate the behavior of resumption of State-owned land use rights, safeguarding the legitimate interests of right holders of land, according to the People's Republic of China land management law, the People's Republic of China on urban real estate administration law and the People's Republic of China Law on urban and rural planning

    The provisions of relevant laws and regulations, combined with the actual situation of the city, these measures are formulated.

    Second approach applies within the State-owned land in the city to recover.

    Resumption of State-owned land use right of administrative penalty, the procedures do not apply.

    Third municipal land and resources administrative departments (hereinafter referred to as city land Department) is responsible for the Organization and implementation of State-owned land to recover particular commissioning demolition or land reserve and purchase institutions.

    City planning, construction, real estate, industrial, financial and supervisory departments and city people's Governments shall, in accordance with their responsibility to recover the work of State-owned land.

    Article fourth of any of the following circumstances, it may recover the right to use State-owned land:

    (A) require the use of land for the public good;

    (B) for the implementation of urban planning for old town renovation, you need to adjust land use;

    (C) the use of paid use of land contract expires, the land-use does not apply for renewal or renewal is not approved;

    (D) due to reasons such as cancellation or removal, stop using the original transfer of State-owned land;

    (E) roads, railways, airports, mines have been approved to be abandoned;

    (F) the laws and regulations may resumption of State-owned land use right according to law in other circumstances.

    Cases in the preceding paragraph relates to planning, City Planning Department planning to take hearing heard in the form of an interested person, and determine the right to use State-owned land to be resumed within the scope of the planning conditions. Article fifth under the proposed resumption of State-owned land and rights to investigate the situation, urban land sector recovery programme of State-owned land should be developed (hereinafter referred to as recovery programme) submitted to the municipal people's Government.

    Back programme approved and implemented by the municipal land sector.

    Recovery programmes should include the resumption of land location, scope, area, compensation method, planning conditions, status, recover the rights basis.

    Sixth Municipal Department of land should be made under the recovery programme of State-owned land use rights notice (hereinafter notice), served on the land and the mortgagee has the right people, and announced to the public and inform the relevant departments.

    Announcements should include land recovery basis, scope, compensation recovery, relief, and more.

    Article seventh from the date of announcement, may not recover within the boundaries of new construction, expansion, renovation of building (structure), as well as the transfer, lease of land and real estate, mortgage, encumbrance.

    Eighth land rights people should notice served or published in the 30th to the city land Department, or agency designated by a declaration of rights, and submitted as required by the land owner identification, proof of rights of State-owned land use right certificates and other materials. The accepted authorities for verification, original materials, register receipt; incomplete material should be written once told to take corrections in a timely manner.

    Land rights for legitimate reasons not within the time stipulated in the Declaration of rights, by verifying application materials are complete and then registered.

    Nineth recover the right to use State-owned land compensation in principle take the form of monetary compensation.

    Because of the city's urban and rural planning adjustments require the recovery of land, the related sectors such as urban planning, land, finance argumentation, and submitted to the municipal people's Government for approval, can be rearranged in accordance with principle of equivalence, or by adjusting land use conditions and ways to compensate.

    Tenth land resumption compensation price determined in accordance with approved land valuation results of the assessment.

    11th assessment agency by land since the Municipal Government has released market assessment aptitude assessment bodies designated, and together with the Municipal Department of land and commissioned evaluation of selected institutions to carry out assessments.

    Land price appraisal shall comply with laws, regulations, rules and requirements of the relevant technical specification for.

    Land price evaluation technical specifications published by the municipal people's Government.

    12th recover using unexpired period of land, compensation based on the actual land use land life and situation assessment to determine according to law of the land.

    13th back transfer of State-owned construction land, compensation allocated land under land rights assessment to determine according to law.

    14th state-owned agricultural land resumption compensation according to national regulations.

    Article 15th on the resumption of building (structure) the buildings of the real estate assessment of compensation price includes the price of land, no longer separate compensation of the land.

    16th section land acquisition compensation price determined after the city land Department land and recover the right to use State-owned land compensation agreement signed.

    Recovery of State-owned land compensation agreements should the compensation, delivery to agreed conditions.

    Land compensation price of land disputes, land resumption work shall not be suspended.

    17th service by publication, or at the expiration of six months from the date of its publication, any of the following circumstances, commissioned directly by the Municipal Department of land and land price assessment evaluation Agency for land resumption, compensation price of land established by the municipal people's Government, to hand over land compensation established by the municipal finance department store accounts:

    (A) within the prescribed period, persons with no right to declare rights;

    (B) submit declarations, information on the rights of the parties, could not confirm the objects for the payment of compensation;

    (C) the right to the land is disputed, or by the Government but still use right disputes in the course of administrative reconsideration or administrative proceedings;

    (D) unable to pay compensation under other circumstances.

    Within ten working days from the date of daicun, Municipal Department of land and land compensation should be store in writing inform the relevant rights holders and related units, no declaration of rights holders, shall be announced to the public through newspapers and other media.

    City land departments shall apply the provisions of this article, such as land and buildings, fixtures for survey records, and to the notary for evidence preservation procedures.

    After 18th land compensation money to store, to the city land Department land rights, qualified upon examination, city land Department shall in accordance with this regulation and recover the right to use State-owned land compensation deal signed land.

    19th the land compensation or contains a land price of house demolition compensation paid for land rights or under the arrangements after the store, city land Department shall, upon approval by the municipal people's Government make land decisions.

    Resumption of State-owned land use right after the decision was served on the land and related departments, municipal land Department land cancellation formalities according to law, real estate management department according to registration of ownership of housing.

    Article 20th resumption of State-owned land on urban housing demolition, in accordance with the relevant provisions of the urban house demolition.

    21st article this referred to urban areas, including the city's six-city jurisdiction.

    City County can refer to these measures. 22nd article this way come into effect May 1, 2010.