Advanced Search

Hefei City, Vacant Land Disposal Procedures (Trial Implementation)

Original Language Title: 合肥市闲置土地处置办法(试行)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Utilization of land disposal options in the fertile city (a pilot)

~10 (Adopted at the 39th Annual Conference of the People's Government of Singapore, 25 July 2009, No. 148 of 1 September 2009 by the Order of the People's Government of fertilities, issued since 1 October 2009)

Chapter I General

In order to effectively dispose of land and to promote savings on landing, this approach is based on the provisions of the Land Management Act of the People's Republic of China, the People's Republic of China Urban Property Management Act and the Homeless Land Disposal Approach (No. 5 of the Ministry of Land Resources) and the relevant laws, regulations and regulations.

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, consistent with the principles of stocktaking, pre-use and legal disposal.

Article IV. The communes and the communes are united in leading land disposal efforts to approve land disposal programmes.

Article 5 is specifically responsible for the identification and disposal of landless land.

Development reforms, construction, economy, inspection, finance, planning, housing, environmental protection, land reserves, etc. and sector management agencies should work together in the identification and disposal of landless land within their respective responsibilities.

Article 6. The authorities of the Land Resources Administration should strengthen monitoring inspections of landless land tenure, establish landless land archives, 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 for development reforms, construction, economy, inspection, finance, planning, housing, environmental protection, land reserves, people's banks, and the development (plan) sector management agencies.

Article 7. Land-use rights instruments developed by the Land Resources Administration authorities, land concessions contracts with land-use rights holders, development of the quotation agreement signed by district administrations with investors, should be given concrete agreement on the completion of the project, the insurability rate, the investment intensity, the time of production, the content of the proceeds, and the responsibility for default.

National land use rights cannot be granted without access to roads, water, electricity, or basic conditions for the development of movables such as roads, water, electricity, etc.

Governments and relevant departments should comply with their contractual 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.

Chapter II

Article 8.

(i) Without the consent of the Government of the people of the land-use area, more than the State's land-use right to leave the contract agreement or the period specified in the State's land transfer decision has not been developed;

(ii) State ownership of land use does not agree on a contract or a State land transfer decision does not provide for the duration of the construction of a movable business development by virtue of the State's land-use right to enter into force or to build the construction of an unmovable worker for a period of one year from the date of the issuance of the land-use instrument;

(iii) The area of construction, but the development of construction, which has resulted in less than one third of the total area of movable work development and has not been authorized to suspend the development of construction for a consecutive year;

(iv) The construction of passive work, but the amount of investment already invested is less than 25 per cent of the total investment and has not been approved for the discontinuation of the development of a consecutive year;

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

Article 9. The State Land Use Authority gives the contract agreement or the State Land Transfers Decision for the development of the sub-soil area, which is approved under the scope of the development of the sub-provision period.

Article 10 causes 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 was not taken into account for land tenure.

The Government referred to in the previous paragraph and its related sectors have caused delays in work, including:

(i) Land-use-rights applications for the construction of reports, with the Government's restructuring planning, the planning of the administrative sector for the suspension of the action-related delays caused by the receipt of the report, except for the duration of the work of the land-use holder when it was constructed;

(ii) The State-owned land-use transfer contract agreement is concluded by the Government to complete the removal or settlement, water, electricity and gas-related works, but the Government has not been completed as agreed, resulting in a project that does not have the conditions for the development of the work;

(iii) The failure of land-use-holders to build jobs owing to overlapping or ambiguous registration of rights;

(iv) Written notification by the municipality, the People's Government of the District or the relevant sector of the cessation of construction by the land-use owner, except as a result of the violation of the land-use rights;

(v) The delay in the work of the movable industry caused by the failure of the municipality, the people of the district or the authorities concerned to carry out their authorization duties under the law.

In one of the circumstances set out in paragraph 2 of this article, the land-use owner shall provide written testimony material to the city, the people of the district or the relevant sector.

Article 11. The Land Resources Administration authorities, when investigating landless land tenure, should provide clarifications on the use of the land and provide relevant evidence and materials, such as the approved planning design programme, the certification of completed investments and the rights of land.

Article 12. The Land Resources Administration determines that the land is free of land and should produce a land-based declaration to reach the land-use rights. Removal of land creates mortgage rights and condones mortgages and the judiciary.

Chapter III

Article 13. Lands are left under one year, and land-use rights may choose to dispose of:

(i) To enter into supplementary agreements with the authorities of the Land Resources Administration to redefine work, completion deadlines and default responsibilities; failure to reclaim land use rights in accordance with the agreed non-reimbursable recovery (the land use authority in the real estate area should also pay a performance bond at 5 per cent of the land price, and non-renewable work, the performance bonds are not returned);

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

The land-use authority has not opted for disposal within five working days after the release of the land titling document, and the territorial resource administration should hold its default responsibilities in accordance with the agreement of the land for the contract.

Article 14. Lands have been left behind for a period of up to two years, and after the payment of land-using fees (20 per cent of the land price) the land-use owner may choose to dispose of:

(i) To enter into supplementary agreements with the authorities of the Land Resources to re-establish the responsibility to work, to complete the completion period and to default; to refrain from returning the performance bond in accordance with the agreed Government's right to free recovery (the land-use owner in the real estate area shall also pay a performance bond at 5 per cent of the land price, without pre-moval, completed work);

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

The land-use authority has not opted for disposal within five working days after the release of the land titling document, and the territorial resource administration should hold its default responsibilities in accordance with the agreement of the land for the contract.

Article 15. Construction of unmoval workers, land has reached 2 years (including 2 years) and is free to recover land rights in accordance with the law.

After the construction of movables, land was over 2 years (with 2 years) and the land-use owner could choose to dispose of:

(i) To enter into supplementary agreements with the authorities of the Land Resources Administration to redefine work, the completion period and the responsibility for default;

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

The right to land use has not been chosen for disposal within five working days after the release of the land titling document, as set out in the previous paragraph, and is free of the right to land.

Land-use rights should pay land-free and value-added local prices within the prescribed time frame, deny payment, and the Land Resources Administration may apply for enforcement by the People's Court.

Article 16 The Land Resources Administration shall, at the request of the saving land, develop a land-use disposal programme with the approval of the Government of the same-ranking people, in the context of the land-use-owner's choice of land disposal.

The authorities of the Land Resources Administration should notify the relevant mortgages in writing of their participation in the development of the land disposal programme and seek the views of the relevant judiciary.

Article 17: Land-useholders enter into supplementary agreements with the authorities of the Land Resources Administration to re-establish the agreed time limit for movable work beyond three months from the date of approval of the disposal programme.

Article 18 Land-useholders have agreed with the Government to recover the land-removable land, and land compensation standards are paid for the land-use-use rights of land-use rights.

Unless land is recovered by law, and the land-use rights are compensated accordingly for the planned construction of the approved land building.

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 19, which results in land use as a result of force majeure, government and related sector behaviour, can 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, the development of parks, government departments should identify, on a case-by-case basis, the responsible units and responsibilities to clearly reorganize the settlement measures and the time frames, the principals should make a written commitment; the territorial resource administration authorities, the inspectorate sector should identify the exclusives, and provide oversight on corrective matters.

Article 20 shall be free of charge from the right to land use in accordance with the law and shall be carried out by the authorities of the Land Resources Administration in accordance with the following procedures:

(i) The case and the investigation. The Land Resources Administration issued a written survey notice to land-use rights holders, collected relevant evidence materials, enquired about land-use rights, and conducted surveys on landless land use and completed the survey.

(ii) Communication and hearing. The right to be given to land-use rights holders to “removable land claims”, to reclaim the State's land-use notification and to communicate the right to make statements, to the defence and to apply for hearings; and to the collateral of landless landowners should also be informed. The land-use authority requests hearing and may submit written requests within three working days of the date of receipt of the written notice.

(iii) Decisions. The Land Resources Administrative Authority issued the National Land Use Recovering Decision, which was approved by the municipal and district peoples' governments.

(iv) Delivery and implementation. The National Land-Use Decision was recovered from three working days from the date of the decision. Separate landowners have mortgage rights, and they are couriers of the relevant land mortgages. The authorities of the Land Resources Administration have cancelled the construction of land-use instruments or terminated national land-use rights to award contracts, write-off of land registration and land certificates, public social announcements and written notification to the relevant sectors such as development reform, construction, planning, housing and property.

Article 21 Land-use rights who have been recovered without compensation shall return to land certificates within 30 days of the date of the withdrawal of the State Land-Use Decision. Until such time as the registration process for land write-offs and the non-return to land-use certificates, the authorities of the Land Resources Administration have issued social announcements that directly write off land registration and land-use certificates.

Article 2, which is found to be free of land before being disposed of by law, shall not be subject to the transfer of land-use rights, mortgages, 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.

Chapter IV

Article 23

“Furer development” means the receipt of construction permits and the construction of part of the main engineering base.

“Cessation of development” means the discontinuation of construction after passive work and the discontinuation of the duration of development construction in accordance with construction permits;

“The overall area of construction should be developed” means that the land-use authority assigns a contract (or a decision-making provision) in accordance with the right to land use and that the design conditions should be completed within the specified time frame;

“The overall area of development construction” means the building area in which land-use-rights have already been constructed in real investment development by land-use-owners in the overall area of “movable work development”;

“General investment” means a total of funds for land-use rights directly for land development, excluding the cost of access to land-use rights;

The “investment” means the total amount of funds that land-use rights have been directly involved in building land development.

Article 24 determines and disposes of land collectively and implements the relevant provisions of the State, the province.

Article 25 The Native Land Disposal Approach (No. 100 of the Municipal Government Order) was abolished on 28 February 2003.