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Changsha City Land Reserve Management Practices

Original Language Title: 长沙市土地储备管理办法

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Management of land reserves in the city of Shasha

(The 21st ordinary meeting of the Thirteenth People's Government of Sharm el-Sheikh, 25 May 2009, considered the adoption of Decree No. 105, of 24 August 2009, of the Decree No. 105 of the Minister of the Interior, of 1 October 2009)

Chapter I General

Article I, in order to strengthen land reserve management, regulate land markets and effectively allocate land resources, develop this approach in line with the laws, regulations, regulations and regulations of the People's Republic of China Land Management Act, the State-building of land reserves in the Southern Province of Lake.

Article 2

Article III of this approach refers to land reserves, which are to be stored by the municipal, district and territorial resource management in accordance with the law of the same-level people's Government and to the development of the previous period for the purpose of supplying.

Article IV. Governments of municipalities, districts (markets) should strengthen the management of land reserves by law.

Land Resources management is responsible for land reserves within the current administrative area. Departments such as finance, planning, housing, are divided into responsibilities and are accountable and co-ordinated with regard to land reserves.

Article 5 Land reserves are specifically implemented by municipal, district (market) land reserve institutions.

The Land Reserve Agency is the commune of the city, the communes (communes) government to approve the establishment of an independent legal personality, the unity of the cause units that have assumed the land reserves of the Territory.

Article 6 establishes a land reserve information-sharing system that provides dynamic management of land reserves. Information such as the number of land reserves and supplies, reserves funds and loan volumes should be summarized on a case-by-step basis by the municipal, district and territorial resource management and exchange information with the counterparts.

Chapter II Planning and management

Article 7. Urban, district and land resource management should prepare annual land reserve plans, approved by the Government of the same people, in accordance with local economic and social development plans, land-use master plan, rural and urban planning, land-use-use annual plans and land market requirements.

No unit or individual shall be allowed to adjust the annual land reserve plan. Adjustments to the annual land reserve plan shall be carried out in accordance with the original preparation, approval and clearance process.

Article 8. The annual land reserve plan includes the size of the land reserve, the size of the development of the pre-reservation period, the size of the land supply of the reserve, the temporary use of the annual reserve land, and the size of the planned year-end reserve.

The development of a land reserve plan should clarify the specific elements of a variety of reserves of land, place, area and use.

Article 9. The implementation of the land reserve plan by the urban, district and territorial resource management shall be based on the procedures for the processing of the relevant approval process, with the approval of the same-ranking people.

Chapter III Scope and procedures

The following Article 10 lands may be included in the scope of land reserves:

(i) State land recovered by law;

(ii) State-owned land acquired in a market manner;

(iii) No State-building area for land-use rights holders;

(iv) Lands levied by law;

(v) The use of the right of State-building for land to be recovered by the contract agreement;

(vi) Other land acquired by law.

Within the above-mentioned context, the Government of the city, the communes (communes) may organize demolitions, exploitation and collation in accordance with the relevant provisions.

Article 11. The following land shall be included in the scope of land reserves:

(i) Expropriation of land for commercial, tourist, recreational, commodity homes and operating infrastructure;

(ii) Expropriation of land for industrial land, with the exception of land within the industrial parks approved by the Government of over the provinces;

(iii) The Government exercises priority land acquired under the law;

(iv) Other land that should be included in the reserve by law.

Article 12 Removal of land by law by the State of land tenure, and the management of the land resources of the city, the city and the district (the city) shall, in accordance with the law, process the registration of land rights.

The State's land acquired in a market manner is included in the land reserve according to the following procedures:

(i) The survey of land reserves in the city, the district (market) land reserve institutions that are to be included in the reserve's land title, area, four to scope, use and territorial annexation should be confirmed by the land use authority;

(ii) Municipal, district (market) land reserve institutions are consulted on the planning sector based on the survey;

(iii) In consultation with land-use rights holders, municipal, district (market) land reserve institutions are entrusted with an assessment of the proposed acquisition of land and its territorial attachment to the price of the material, and a feasibility argument;

(iv) The development of land acquisition programmes by city, district (market) land reserve institutions and the approval by the same-level land resource management and the financial sector;

(v) After the approval of the acquisition programme, the land reserve institutions in the city, the district (market) and the land-use-use-rights acquisition contract are concluded;

(vi) In accordance with the acquisition contract, the land reserve agency pays the acquisition costs to the land-use owner;

(vii) Adoption of land-use rights by law, home property write-off registration procedures, including land reserves.

Article 14.

(i) In accordance with the decision of the municipal, district (market) land reserve institutions to pay land prices to former landowners in accordance with the land transaction price and the related payment conditions;

(ii) The original land-use owner shall, within 15 days of receipt of the land price, apply under the law for the processing of land-use, home property write-off registration procedures, including land reserves, after the approval of the municipal, district (market) land resource management, the property sector of the same-ranking people.

Article 15. Conducting land to be included in the land reserve according to the following procedures:

(i) Surveys by municipal, district (commune) land reserve institutions on the territorial, area, scope, use and territorial annexation of the proposed reserve;

(ii) Municipal, district (market) land reserve institutions are consulted on the planning sector based on the survey;

(iii) A feasibility argument by the municipal, district (market) land reserve institutions and a proposed land-use recommendation to the same-level land resource management;

(iv) The land resource management of the city, the district (market) is required by law for the transfer of farmland and the confiscation of land;

(v) Upon approval by law, the expropriation programme is carried out by the Government of the population of the occupied areas, districts (communes) by the Government of the people of the territory, by law, to compensate for the settlement of labour costs and the unpredictable costs, in accordance with the relevant provisions of the Government of the people;

(vi) After expropriation of the settlement, the Land Resources Management shall, in accordance with the law, process the registration of land-use write-offs into land reserves; the original building, the construction of the material has been registered; and the registration of the property rights of the home shall also be carried out in accordance with the law.

Article 16 provides for the use of land by state-owned land to be recovered by agreement on the contract, which is incorporated into land reserves in accordance with the requirements of the land-use rights, home property write-off registration procedures.

Chapter IV

Article 17 provides for the inclusion of land in the reserve, with the approval of the city, the territorial resource management of the city, the land reserve agency may conduct pre-development, temporary use and finance activities such as reserve land, pre-implementation development.

Article 18 The development of the previous period involves infrastructure construction, such as roads, water supply, electricity, heating, communication, lighting, greenization and land equity, and should select implementation units through open tendering.

Article 19 Land reserves institutions should protect the necessary measures to incorporate land into the reserve and prevent the occurrence of violations of the rights of reserves.

Article 20 Prior to the availability of the land reserve, the municipal, district (market) land reserve institutions may temporarily use the reserve land or land in accordance with the law, such as rent, use.

The temporary use of reserve land shall not affect land supply.

Article 21, the Government of the city, the communes (communes) may, as required, make a clear title and request for information on land registration procedures for landing.

Upon approval by the Government of the city, the communes (communes) of the use of reserve land financing, the city, the territorial resource management of the land is able to register mortgages for reserve land that has been licensed by the State Land Use Rights Act.

Article 2

Article 23, when the land is available, has already been mortgaged and shall be removed by law or with the consent of the collateral.

After the availability of land, the municipal, district (market) land reserve agencies should apply for the write-off registration process in accordance with the law.

Chapter V Financial management

Article 24 provides for the establishment of land reserve funds by the Government of the city, the city and the city.

Sources of land reserve funds include:

(i) National land proceeds funds;

(ii) Funding arranged by the financial sector;

(iii) loans from banks or other financial institutions;

(iv) Other funds obtained under the law;

(v) Interest income arising from the above-mentioned funds.

Article 25 The land reserve funds relate to the lending of financial institutions and are managed in accordance with the relevant provisions of the city's Government.

Land reserves funds are earmarked for land reserves and no units and individuals may be stopped and diverted.

Article 26 The financial sector of the city, the district (market) shall be financed by 5 per cent of the total price of the State's land-use rights in accordance with tenders, auctions, wallchmarks and agreements, provided that the State enterprise reform China has the right to land use and may not be counted in accordance with the relevant provisions.

The National Land Removal Fund, after the national land use right to pay the income collateral, has been charged with accounting and mainly for land reserves.

Article 27, Urban, district (market) land reserves, shall be prepared in the next quarter of the year's land reserve fund estimates.

The cost estimates for the land reserve fund are jointly approved by the city, the territorial resource management and the same-level financial sector; the management of land reserve funds must be implemented in accordance with approved project estimates.

The proposed budget for the second eighty-eighth land reserve fund expenditure project includes, inter alia, land acquisition costs, the development of collating costs, land transaction costs, financial costs, operating expenses. The operational costs are based on a proportion of the land proceeds of the reserve, with a specific proportion of the city, district (market) land resource management and the same financial sector.

The expenditure on land reserve funds is submitted by the Land Reserve Agency for approval jointly with the management and financial sectors of the country's resources. These are financially financed expenditures and should be implemented in accordance with the relevant provisions of the treasury management system.

The financial sector should allocate funds for land reserves in a timely manner, in accordance with the needs of land reserves and the proposed budget arrangements. The cost of reserve payments to land reserve institutions, after receipt of land price payments, the financial sector shall, on a case-by-case basis, assign land reserve units within 15 working days, on a case-by-case basis, in accordance with the Government-approved land supply. The reserve land, which is developed by photos, is financed by the cost estimates, after the approval of the cost of the area, and then by the area.

Article 29 of the land reserve cost is determined by the city, the district (market) land resource management, the financial sector, the housing sector and the auditing sector. The cost of the relocation of urban homes was determined by the demolition management, the cost of infrastructure matching and other requirements for review by the audit department, and other costs and costs were jointly audited by the Land Resources Management and the financial sector.

Article 33 Income from the provision and use of reserve land shall be fully vested in the capital budget management.

Article 31 added value to the provision of land reserves by municipal land reserves institutions, which can be properly arranged to the local people's governments, with specific approaches being developed by the city's Government.

Article 32 provides for personnel of the municipal, district (market) land reserve institutions, with the same financial sector budget arrangements.

Article 33 provides for an annual plan for land reserve loans, which should be aligned with the land reserve plan, the land reserve budget estimates and approved by the city, the district (market) resources and the same financial sector. Land reserve loans should be earmarked, closed and not diverted.

Land reserve institutions shall not provide security to third parties in any form.

Article 34, the financial sector of the city, the district (market), the audit sector, the land resources management should strengthen oversight inspections of the use of land reserves, the implementation of accounting accounting systems by land reserve institutions, the government procurement system, and ensure that land reserve funds are earmarked to increase the efficiency of the management of reserve funds.

Article XV Land Reserves should be self-sensitized to receive oversight inspections in the financial sector, the management of land resources, the audit sector and the inspection sector. At the same time, the internal oversight management system for sound funds has been established to strengthen financial clearance and accounting for the use of land reserve funds and to guarantee the normative, reasonable and effective use of land reserve funds.

Chapter VI Legal responsibility

Article 36 National staff members have one of the following acts in the area of land reserves, which are governed by the law, which constitutes an offence and hold criminal responsibility under the law:

(i) The acquisition, supply price or compensation criteria for the storage of land are not determined by law, resulting in loss of State assets;

(ii) To request or illegally receive property from others;

(iii) The establishment of the pre-reservation units for the development of the reserve land without the legal solicitation;

(iv) Other violations of laws, regulations and regulations.

Article 37 of the law interdiction or misappropriation of land reserves funds, which are converted by law by the municipal, district (market) finance, auditing etc.; in serious circumstances, the administrative disposition of persons directly responsible and other direct responsibilities is granted by law; and the criminal accountability of the law.

Article 338 violates the laws, regulations and regulations that deny the right to national land use recovered by law and is governed by the People's Republic of China Land Management Act, the National People's Republic of China Land Management Act.

Chapter VII

Article 39 of this approach is implemented effective 1 October 2009.