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, Nanning City, The State-Owned Idle Land Disposal Methods

Original Language Title: 南宁市国有闲置土地处置办法

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Alternative land disposal options for the State of Southern Africa

(Adopted by Decree No. 22 of 31 December 2008 of the Government of the South New York People's Republic of 9 December 2008)

Chapter I General

Article 1 provides for the legal disposition of State-owned land and the enhancement of land-use benefits, in accordance with the relevant laws, regulations, such as the People's Republic of China Land Management Act, the People's Republic of China Urban Property Management Act.

Article 2

Article 3. The Government of the city is responsible for the disposal of landless land within the six municipalities. The Government of the People of the District is responsible for the disposal of landless land within the district.

The city, the territorial land resource administration authorities are responsible for specific work on land ownership and disposal, and are specifically implemented by the land inspectorate.

Sectors such as development and reform, construction, planning, etc. are working on land disposal in accordance with their respective responsibilities.

Article IV shall establish separate land-based archives and track the monitoring of land use.

Information-sharing should be achieved through the development and reform, construction, planning and development of separate land information mechanisms.

Unless land information should be included in the credit information base database.

Chapter II

Article 5 determines that the land is left in a patriarchal unit.

Article 6 has the conditions for the development of work and is in line with one of the following conditions, which determines that the land is no longer available and that it is no longer time:

(i) After the right to land use by a local unit or by an individual under the law, without the consent of the Government of the people of the land of which it has been approved, more than a State's agreement on the use of a contract or the transfer of a decision, the time period for the construction of a territorial instrument of ratification has not been developed;

(ii) The State's land is not agreed or allocated to the decision-making, the construction of a land-use instrument does not provide for the date of the construction of the dynamic and development of the construction, the entry into force of a contract or the transfer of a decision, the date of the publication of the Land User's instrument of ratification, and the construction of an unmovable business development building for a year;

(iii) The development of passive jobs, but the area of development construction is less than one third of the total area of movable industrial development or an investment that accounts for less than 25 per cent of total investment and has not been approved for the discontinuation of the construction of a consecutive year;

(iv) Other circumstances under the laws, regulations and regulations.

Article 7. State-owned land-relevant contracts should be agreed upon with respect to the content and the responsible side of the construction conditions of the work.

The State-owned land-relevant use contract prior to the implementation of this approach is not clearly clear in terms of the construction of conditions for work development, and the conditions for the development of movable workers refer to the availability of water, electricity and road conditions for construction projects.

Article 8. State-owned land shall be subject to a contract agreement or a decision-making letter, the development of a sub-proposal approval of the document, which shall be approved by the sub-development.

Article 9 causes delays in the development of movable workers due to the pre-work period necessary for the development of movable workers, or for reasons of force majeure, government or related sectors, which cannot be built on time.

The use of local units or individuals shall apply to the territorial resource administrative authorities within 20 days of the end of the preceding paragraph to re-establish the period of work and completion.

Article 10, paragraph 1, of this approach refers to governmental or related sectoral reasons:

(i) Use of land units or individual requests for the construction of reports, and the planning sector has been suspended for planning adjustments, except for the use of land units or personal reports when land has been installed for more than one year;

(ii) State-owned land-received contracts are agreed to build infrastructure by the Government or the relevant sector, but the Government or the relevant sector have not completed construction as agreed, resulting in the project being free of the conditions for the development of the dynamic work;

(iii) The same right to register overlaps or rights due to the reasons of the Government or the relevant sector, and to make use of local units or individuals unable to carry out construction;

(iv) The development of delays due to the Government or the relevant departments, the judiciary's failure to perform the relevant duties in a timely manner by law;

(v) The development of delays due to significant national policy adjustments;

(vi) Removal of land for other reasons in the Government or the relevant sector.

In addition to the causes of force majeure, the Government or the relevant sector, the time of approval of the relevant sector does not affect the calculation of land tenure without the calculation of land time, in violation of the State-owned land-use contract agreement or the decision-making instrument, the building of the territorial instrument of ratification.

Article 11. The authorities of the Land Resources Administration may take the following measures to carry out the land survey:

(i) Explore local units or individuals and other relevant units and personnel;

(ii) Implementation of evidence-based measures such as on-site surveys, photographs and cameras;

(iii) Access, replication of documents, land rights documents and relevant information by the surveyed land units or individuals.

The local units or individuals surveyed should provide clarifications on the use of the land and provide relevant evidence and material, such as land clearance, land use status and land rights, as required.

Article 12

(i) The case;

(ii) Examination of evidence;

(iii) Written notification of the facts, the basis and the right to request hearing of land by a unit or individual;

(iv) In accordance with the conditions of landless land, land titling is made and has been sent to land units or individuals within seven working days from the date of the submission, and the transfer of land mortgages, relevant administrative bodies and the judiciary.

In accordance with paragraph 3 above, a request for hearing shall be submitted within five working days from the date of receipt of a written notice, and the authorities of the Land Resources Administration hold hearings within two working days from the date of receipt of written requests.

Article 13

(i) The name or name of the location or person;

(ii) The location and area of the land left;

(iii) Determination of the facts and the basis of the land left;

(iv) Land tenure time, the method of calculation, the criteria and the basis for the calculation of land-using fees;

(v) remedies.

Article 14. During the survey of landless land claims, the authorities of the Land Resources Administration suspended the process of extension of the land-use certificate for the disposing of the land-use of the land-use land.

Chapter III

Article 15 is determined by law as a land free of land and the land is to be paid by land units or individuals. However, the right to land has been recovered by law without compensation, and the land-using fees that had been paid prior to the recovery were not returned.

Article 16 provides that a State-owned land-relevant contract shall be agreed upon by the relevant provisions of the State and self-government zones; the land-using unit or individual shall be paid in accordance with the agreement.

The State's land is subject to the criteria for the non-agreement of land-using, which are charged according to the relevant provisions of the self-government area:

(i) The various types of operating land, such as commercial, tourist, recreational and commodity homes, are 10 square meters per year;

(ii) The industrial project uses a €8 square meters per year;

(iii) Infrastructure land is €6 square meters per year;

(iv) Other non-agricultural construction projects are used for a total of five square meters per year.

Removal fees for land are charged on a monthly basis, with less than one month.

Article 17 disposes of land in the form of land, in addition to the leasing of land by law:

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

(ii) Continue to develop construction after approval of changes in land use;

(iii) Arrangements for temporary use pending re-approval of the development of the original project with the conditions for development. The value added of the land shall be added to the value added value of the land or the individual;

(iv) The municipality, the people of the counties, or the other existing construction sites, are being developed for the purpose of using land units or individuals to replace alternative land;

(v) The Government of the city, the people of the district, including through tendering, auctions, wallcharts, etc., determines that new territorial units or individuals continue to develop construction projects and pay compensation to former territorial units or individuals;

(vi) The acquisition of agreements to incorporate the Government's land reserve;

(vii) Removal of land by law.

Article 18 presents written requests to the territorial resource administrative authorities for the disposal of landless lands within 20 days from the date of receipt of the Land Demarcation and, in accordance with the relevant provisions.

An agreement has been reached between the local units or individuals on the way in which land disposal is disposed of, inter alia, the land mortgage, the relevant administrative bodies and the judiciary, and the agreement should be presented together to the territorial resource administrative authorities.

Article 19, the Land Resources Administration, within 15 working days of the date of receipt of the request for disposal, prepares the Landless Land Disposal Programme for approval by the Government of the People's Government, in accordance with article 17 of this scheme and in conjunction with the request for disposal by the landing units or individuals.

The authorities of the Land Resources Administration should seek advice from land mortgages, relevant administrative bodies and the judiciary when designing programmes for land disposal.

Article 20 shall notify land units or individuals within five working days of the date of approval of the land disposal programme.

The approved disposal method is governed by articles 17, paragraphs 3 to 7, of this approach, and the Land Resources Administration is responsible for organizing the implementation of the programme.

Article 21 takes into account land tenure time for the time prior to the implementation of the land disposal programme by land units or individuals.

Unless land is disposed of by law, the Land Resources Administration does not conduct procedures such as the extension of land-use certificates, the transfer of land-use rights and the transfer of land-use leases without receiving the application for other construction sites of the territorial unit or individual.

Article 22 left the land for two years (withholding land units or individuals without the implementation of approved land disposal programmes and the land for which no land had been landed for two years) and the Government of the city and the district could recover the land in accordance with the law.

Article 23 recovered land by law, and the Land Resources Administration is governed by the following procedures:

(i) In the case, a written investigation notice is given to a local unit or individual;

(ii) Examination of evidence;

(iii) Written notification of the facts, the basis and the right to request hearing. Removal of land has the right to mortgage or the imposition of coercive measures such as seizures, and shall also inform the mortgage, the relevant administrative organs and the judiciary;

(iv) Hearing statements and defences;

(v) In accordance with the statutory conditions of recovery, the Land Resources Administration reported to the Government of the people who had previously authorized the use of land for the recovery of State land-use decisions;

(vi) Removal of national land-use decisions from seven working days from the date of the adoption of the national land-use decision, escorting land mortgage holders, relevant administrative bodies and the judiciary, and notifying in writing the development and reform, planning, construction of the relevant approval documents;

(vii) The land-use units or individuals who have been recovered from the land-use rights decision shall return the land certificate to the land registry body within thirty days of the date of the return of the State Land Land Rights Decisions to the Land Registration Authority, which is overdue, and the Land Registration Authority has written off.

In accordance with paragraph 3 above, a request for hearing shall be made within five working days of the date of receipt of a written notice and a hearing by the Land Resources Administration within two working days of the date of receipt of a written request.

Article 24 shall contain the following matters:

(i) The name or name of the location or person;

(ii) The location and area of land recovered;

(iii) The fact that land is left unused and the basis for a decision to recover State land use rights;

(iv) remedies.

Article 25. The territorial resource administrative authorities shall be responsible for surrendering them within ten working days and for fines of up to $30 per square kilometre.

Chapter IV

Article 26

“No work” means the following:

(i) No construction work permit;

(ii) A construction work permit has been received but no work has been initiated;

(iii) To stop the development of construction in excess of one year, in accordance with the approved construction map building base, which is not at the same time as the project is at a high rate.

“The total area of construction should be developed” means that the land area developed should be completed within a specified period of time, in accordance with the State-owned land-reimbursable contract, the letter of decision-making, the building of the territorial instrument of ratification and the planning design conditions.

The overall area of “development” refers to the land area in which land units or individuals have been active in investment development.

“In total investment” means the total amount of funds used directly by land units or individuals for land development, excluding the cost of access to land use.

“The amount of investment” means the total amount of funds that have been made available to land development by local units or individuals, excluding the cost of access to land use.

Article 27 of this approach is implemented effective 1 February 2009. The Homeless Land Disposal Approach, issued by the Government of the People of the city on 30 November 2006, was also repealed.