Changsha City Land Reserve Management Practices

Original Language Title: 长沙市土地储备管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Changsha city land reserve management practices

    (May 25, 2009, Changsha City Executive meeting of the 13th session of the people's Government of the 21st through August 24, 2009 105th Changsha city people's Government promulgated as of October 1, 2009) Chapter I General provisions

    First for the purpose of strengthening the administration of land reserves, and control the land market, effective allocation of land resources, according to the People's Republic of China land administration law, the reserve of Hunan province, the State-owned construction land measures such as laws, regulations, rules and regulations, combined with the city's actual, these measures are formulated.

    Second land reserve and its management in the administrative area of the city, these measures shall apply.

    Article III land reserves in these measures refers to municipal and County (City) land and resource management will be stored shall obtain the people's Governments at the same level of State-owned land, and early development, for supply.

    Fourth of municipal or County (City) people's Governments shall strengthen the work of land reserve management. City, County (City) land and resource management Director land reserve work within their respective administrative areas.

    Sectors such as finance, planning, real estate and the duties, duties, cooperate with each other, do a land reserve related work.

    Article fifth work of land reserve by the city and County (City) land reserve institution specific implementation.

    Land reserve for the city and County (City) Government approved the establishment of an independent legal personality, unity for this administrative area the work of land reserve institution. Sixth set up land reserve information sharing system, impose dynamic management on reserve lands.

    City, County (City) land and resources management departments shall land reserves and supply quantities, reserve payments, loan amount and other information on a quarterly basis step by step and gather the people's Governments at and on the level of land and resources management, and to exchange information between departments at the same level.

    Chapter II-planning and management Article seventh land reserves to program management.

    City, County (City) departments shall, in conjunction with finance, land and resource management plan according to the sectors of the local economy and social development plan, land use planning, town and country planning, land use planning and land supply and demand conditions in the market jointly prepared annual land bank plan, reported to people's Governments at the same level approval, and report to the management of land and resources at a higher level for the record. Without authorization, no unit or individual is allowed to adjust the annual land bank plan.

    Adjust the annual land bank plan, should be carried out according to the original preparation, approval and filing procedures.

    Eighth annual land reserves include reserve land size early, reserve land development scale, reserves, annual land supply scale, temporary use of reserve land plan, scale of reserve land at the end of the year.

    Plans should be clear of their reserve land reserve lands the number, location, size, purpose and other details.

    Nineth of municipal or County (City) land and resource management implementation of the land bank plan, project implementation plans shall be prepared, upon approval by the people's Governments at the same level, as a basis for relevant examination and approval procedures.

    Chapter III scope and procedure

    Article tenth of the following lands to be included in the scope of land reserves:

    (A) the resumption of State-owned land in accordance with law;

    (B) to buy State-owned land markets;

    (C) does not determine the land's use of State-owned land;

    (D) is imposed by the law of the land;

    (E) State-owned construction land transfer contract of resumption of land;

    (Vi) other land lawfully obtained.

    Within those lands, cities and counties (cities) people's Government in accordance with the relevant regulations of the relocation, development, consolidation.

    11th the following land shall be incorporated into the scope of land reserves:

    (A) imposed for commercial, tourism, entertainment, residential and business infrastructure of the land;

    (B) the collection of land for industrial use, approved by the people's Governments above provincial level except for land within the industrial park;

    (C) the Government's preemptive right is made according to the law of the land;

    (D) according to law shall be included in the reserve lands.

    12th land resumption of State-owned land use right according to law, city and County (City) land and resource management sectors for land use right according to law after the registration, land reserve institution included land reserve as needed.

    13th to buy into State-owned land bank of the market, in accordance with the following procedure:

    (A) the city and County (City) land ownership of land reserve to be included in the reserve, area, four to the scope, purpose and attachments on the ground survey, the survey results should be confirmed by the land;

    (B) the city and County (City) land reserve institution according to the survey, consult the Planning Department;

    (C) the city and County (City) land reserve and land use consultation, Entrust has assessed qualification assessment organizations to assess the purchase price of land and its fixtures on the ground, and the feasibility study;

    (D) the city and County (City) land reserve groups to formulate a land acquisitions, land and resource management and finance departments at confirmation;

    (V) after a bid is approved, city and County (City) land reserve institution and land use rights land use rights the acquisition contract;

    (Vi) land reserves in accordance with the purchase contract, to pay the land acquisition costs;

    (VII) in accordance with the law of the land use rights, property rights registration, into a land bank.

    14th in order to exercise its preemptive right to acquire reserve land in accordance with the following procedures:

    (A) the city and County (City) land reserve institution based on the decision of the people's Government at the land use rights of first refusal, in accordance with the land the original transaction prices and related payment terms to their land to pay the price;

    (B) the land use right shall on receipt of the price of land in the 15th and apply for land use right according to law, property rights registration; fails to apply for, by the city and County (City) land and resource management, real estate sector reported to people's Governments at the same level for approval, in accordance with the law of the land use rights, property rights registration, into a land bank.

    15th in land for the proposed reserve land according to the following procedure:

    (A) by the city and County (City) land reserve for the proposed reserve land, area, four to the scope, purpose and attachments on the ground survey;

    (B) the city and County (City) land reserve institution according to the survey, consult the Planning Department;

    (C) the city and County (City) land reserve feasibility study, propose to the management of land and resources departments at land proposals;

    (D) the city and County (City) land and resource management Department shall apply for agricultural land conversion, land requisition approval procedures;

    (E) land acquisition programme after it has been ratified by law, land areas, counties (cities) people according to law, land requisition compensation and resettlement, compensation and allocation of labour and unexpected fees by city, County (City) Government regulations;

    (Vi) after land requisition compensation and resettlement, land and resource management sectors in accordance with the law of land registration, incorporating land reserve; place on buildings and structures have been registered, should also be in accordance with the law property rights registration.

    16th according to state-owned construction land transfer contract of resumption of land, in accordance with the law after the land use rights, property rights registration, land reserve institution included land reserve as needed.

    The fourth chapter development and supply

    Article 17th into the reserve land by the city and County (City) land and resource management Department for approval, early land reserve development, staging, and financing for reserve lands, implementation of early development and other activities. 18th of municipal or County (City) land reserve should be based on urban and rural planning and land bank plan to reserve lands for early development of the year.

    Early development related to roads, water supply, power supply, gas supply, drainage, communications, lighting, landscaping, land formation, infrastructure development, shall, in accordance with the relevant regulations, select implementation units through public bidding.

    Article 19th land banking institutions should include management of reserve lands to take the necessary measures to protect and prevent the occurrence of land rights violations.

    20th reserve prior to the supply of land, city and County (City) land reserve institution can legally rent and use and temporary use reserve land or fixtures on the ground.

    Temporary use of reserve land, shall not affect the supply of land.

    21st of municipal or County (City) people's Government according to the needs, clear property rights, application materials are complete of reserve land for land registration issued by the land use right certificate.

    By the city and County (City) Government approved the use of reserve land financing, municipal and County (City) land and resource management department can reserve lands that have been issued by the State-owned land use right certificate for mortgage registration.

    22nd of municipal or County (City) land and resource management plans should be approved by the people's Government at the annual land reserves, organized reserves on land supply.

    Article 23rd reserve land supply, has mortgage reserve land, should be in accordance with law or with the consent of the mortgagee the right to discharge consent.

    Land supply, city and County (City) Land Bank agency of land registration has reserve land, should apply for registration in accordance with law.

    The fifth chapter funds management

    24th of municipal or County (City) Government land reserve.

    Land reserve sources of funds include:

    (A) State-owned land income fund;

    (B) the financial sector funds;

    (C) loans from banks or other financial institutions;

    (Iv) other money lawfully obtained;

    (V) interest income generated from these funds. 25th land reserves to financial account management.

    Land reserve fund involved in loans from financial institutions, in accordance with the relevant provisions of municipal management.
Land reserves for use in land reserve, no unit or individual may intercept or appropriate.

    Article 26th city, County (City) financial sector should be according to the bidding, auction and listing and agreement to sell State-owned land use right of the total transaction price of 5% provision for State-owned land income fund, but State-owned enterprises in the reform of State-owned land use right transfer, in accordance with the relevant provisions are not made.

    State-owned land income fund on State-owned land use right transfer revenue paid after the accrual and revenue accounting, mainly for land reserve.

    27th of municipal or County (City) land reserves under agencies shall be prepared in the last quarter of each year an annual land reserve fund expenditure budget.

    Land reserve fund expenditure estimates by the city and County (City) land and resource management and financial sector co-approval; land reserve money management must be performed in accordance with the approved project budget. 28th land reserve fund expenditure estimates include: land acquisition cost, development cost, land transaction costs, financial costs, operating costs, and so on.

    Operating expenses according to reserve a certain proportion of the proceeds of land provision, specific percentage by the city and County (City) land and resource management and the financial sectors jointly identified. Capital expenditure reserve of land reserve proposed by the land application, land and resources Administration Department and Finance Department at the same level check.

    Which belong to finance capital expenditures shall be in accordance with the relevant provisions of the Treasury management system. Needs of the financial sector should be based on the land reserve and budget arrangements, allocate the funds for land reserves in a timely manner. Land reserve institution reserves the costs paid, after receiving the land price, the financial sector, according to the Government's land supply check approval, according to priority, within the 15 working days allocated for land reserve institution.

    Belongs to the inspections and reserve lands, first by the cost estimates approved the disbursement, after treating the area cost approved, press accounts of the area. 29th reserve land by city and County (City) land and resource management sectors, the financial sector, the real estate sector and audit departments audited.

    Examination of urban House removal compensation fee from relocation management, infrastructure costs and other costs that require specialized sectoral reviews audited by the Audit Department, additional cost and total cost by the land and resources management departments, finance departments audited.

    30th supply and use reserve land revenues shall be paid to the State Treasury in full, included in the Fund's budget management.

    31st of municipal land reserve institution provides value-added benefits of reserve lands, and to make appropriate arrangements to the seat of the District Government, the specific measures shall be formulated separately by the municipal people's Government.

    Article 32nd city, County (City) Land Bank agency assistance funds from the financial sector budget arrangements. 33rd annual land reserve loan plan should build programs, and land bank project estimates of income and expenditure are connected, and reported to the city and County (City) and the approval of the Finance Department at the same level of land and resources.

    Land reserve earmarked, closed management should be implemented, not to misappropriate.

    Land reserve institution shall not in any way for third parties to provide security.

    34th of municipal or County (City) departments of finance, audit, management of land and resources departments should strengthen the land reserve the use of the funds and land reserve institution implementing the accounting system, the Government procurement system of supervision and inspection to ensure land reserve funds earmarked, improve the efficiency of capital management. 35th land reserve institution should consciously accept the financial sector, land and resources administration, auditing, supervision and inspection departments and supervision departments.

    Meanwhile, establishing and perfecting internal supervision and management system, strengthen the financial auditing and accounting for the use of reserve funds for land, protect land reserve norms, reasonable and effective use of funds.

    The sixth chapter legal liability

    Article 36th national staff in the work of land reserve in one of the following acts shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) failing to identify a reserve compensation standard of land acquisition, supply or price, resulting in the loss of State assets;

    (B) solicit or illegally accept others ' property;

    (C) failing to take tenders to determine reserve lands the early development and implementation unit;

    (D) other acts in violation of laws, rules and regulations.

    37th unlawful interception or misappropriation of land banking funds from cities and counties (cities) in financial and auditing departments shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    38th in violation of laws and regulations, refused to hand over the resumption of State-owned land use right according to law, in accordance with the People's Republic of China land administration law and the People's Republic of China regulations for the implementation of the land management law.

    The seventh chapter by-laws 39th article of the rules take effect on October 1, 2009.

Related Laws