, 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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, Nanning city, the State-owned idle land disposal methods

    (December 9, 2008, Nanning city, the people's Government at the 54th Executive meeting on December 31, 2008, Nanning Government released since February 1, 2009, 22nd) Chapter I General provisions

    Article for the State-owned idle land according to law and improve land use efficiency, according to the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law of the provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city-owned vacant land (hereinafter vacant land) identification and disposal procedures apply. Third municipal people's Government is responsible for the disposal of unused land within the city limits of six jobs.

    Area the county level shall be responsible for the disposal of idle land.

    City and county administrative departments in charge of land and resources of idle land identification and disposal of concrete work, and monitor concrete implementation by the land.

    Development and reform, construction, planning and other departments do the idle land disposal related work in accordance with their respective responsibilities.

    Fourth of municipal, County, land and resources administrative departments should establish idle land parcel file and track utilization of idle lands.

    City and county administrative departments of land and resources should be linked to development and reform, construction, planning and other departments to establish idle land information system, information sharing.

    Vacant land information should be included in the credit information database.

    Chapter of idle lands identified

    Article fifth vacant land units.

    Sixth having started developing building land for construction of the conditions and in accordance with one of the following, identified as vacant land, starting and idle time:

    (A) after obtaining the land use right according to law to units or individuals, without consent of the original people of the land Government, allocated over State-owned land use contract or decision book, land development and construction of instruments of ratification did not start on time as stipulated;

    (B) the paid use of State-owned land is not stipulated in the contract or transfer decisions, land for construction approval does not specify the start date of construction, from State-owned land use or transfer the contract decision, land for construction approvals issued for one year after the date did not start development and construction;

    (C) has started construction, but development and construction should commence development area with a total area of less than one-third or investment in total investment is less than 25% and has not been suspended with the approval of the development and construction of a continuous period of one year;

    (D) other circumstances as stipulated by laws, rules and regulations.

    Article seventh State-owned land use conditions of contract shall commence construction of content and responsibilities of party conventions.

    Before the implementation of these measures of State-owned land use contracts signed is not explicitly started content development and construction conditions, have commenced construction conditions refers to the project to have water, electricity, general road conditions.

    Article eighth State-owned allocated land use contract or decision approved documents developed in phases, construction land, idle land area approved by the phased development of range.

    Nineth started is due to start the preliminary work necessary to develop construction delay, or due to force majeure, or relevant government departments cannot schedule development and construction, excluding land during the idle time.

    Land units or individuals shall be prescribed in the preceding paragraph after the 20th in the relevant certificates apply to the land and resources administrative departments, the Department of land and resources administration redefining the commencement and completion of the term.

    Tenth article referred to in paragraph one of this article Nineth Governments or authorities because:

    (A) units or individuals may apply for the construction of land use, Planning Department planning and adjusting the suspended construction, land or personal construction land idle except for more than one year of age;

    (B) the land use contracts by the Government or the State-owned sector to build infrastructure, but the Government agreed to complete the construction or the relevant Department is not, resulting in projects not have commenced construction conditions;

    (C) caused by the relevant departments of the Government or a registration on the same block overlaps or ownership is not clear, resulting in land development and construction of units or individuals could not be started;

    (D) by the Government or the departments and judicial organs development and construction delays caused by failing to carry out relevant duties in a timely manner;

    (E) development and construction delays caused by the significant adjustment of national policies;

    (Vi) caused by relevant departments of the Government or other idle land.

    Except for reasons of force majeure, the Government or the relevant Department, unit or individual in violation of land use State-owned land use contract or transfer decisions, approval of construction land provisions, apply to relevant departments for change, land-use planning conditions condition such as content, the departments concerned do not affect the land idle time calculate the approval time.

    11th land and resources administrative departments may take the following measures to develop idle land survey work:

    (A) ask units or individuals, as well as other relevant entities and persons;

    (B) implement measures of site survey, photos, video and other evidence;

    (C) consult and copy surveyed land units or individuals of the related approval documents, land rights documents and related information.

    Surveyed land units or individuals shall be made in respect of the utilization of the land description, as required to provide land, land use and land rights and other related evidence and materials.

    12th Ministry of land and resources administrative departments identify idle land in accordance with the following procedures:

    (A) the Office;

    (B) investigation and evidence gathering;

    (C) notify the land unit or individual intending to identify idle land facts, evidence as well as the right to request a hearing;

    (D) meet the conditions for idle land, certificate of idle land and delivered within seven working days from the date of making land unit or individual, with a copy to the mortgagee of land, the Executive and the judiciary.

    Land units or individuals according to the provisions of the preceding paragraph to request a hearing, shall be notified in writing within five working days as of submission of a written application, land and resources administrative departments within 20 working days of receiving a written request hearings.

    13th vacant land report shall contain the following particulars:

    (A) the land or personal name or name and address;

    (B) the location of the idle land, area;

    (C) identify idle land facts and evidence;

    (D) the land idle, idle land fee, charged the standard and basis of calculation;

    (V) remedies.

    Article 14th idle lands during the investigation, Department of land and resources administration suspending idle land land use right certificate extension.

    Chapter III idle land disposal 15th to be identified as vacant land, land units or individuals shall pay a fee for idle land.

    But except for land use right according to law, to recover to recover former idle land fee already paid will not be returned.

    16th State-owned land use contracts by country for conventions and relevant regulations of the State on idle land; idle land land units or individuals, shall pay a fee for idle land according to the contract.

    State-owned land use contract does not specify the idle land fees, idle land according to relevant regulations of the State, levied according to the following criteria:

    (A) business, tourism, entertainment and housing and other kinds of business purposes to 10 yuan per square meter per year;

    (B) industrial project 8 yuan per square meter per year;

    (C) infrastructure to 6 Yuan per square meter per year;

    (D) other non-agricultural construction projects for 5 Yuan per square meter per year.

    Idle land fees levied by the month, idle time is less than one month by month calculation.

    Article 17th shall be collected in addition to unused land costs, idle land disposed of in the following manner:

    (A) the extended development time, but no longer than 1 year;

    (B) approved to continue after change of land use development and construction; (C) arrange for temporary use, pending re-approval after the original project development and construction conditions have developed.

    Land, land units or individuals shall pay value of land;

    (D) the city and county governments to use other equivalent units or individual replacement idle land or other existing construction land for development;

    (E) the city and county governments bidding, auction and listing, such as identifying new land units or individual construction of the original construction project continues to develop, and the original unit or individual compensation;

    (Vi) agreement, under the Government land reserve;

    (VII) resumption of idle land according to law.

    Article 18th a unit or individual from the date of receipt of the certificate of idle land in the 20th, idle land disposal of written application to the land and resources administrative departments, and submitted in accordance with the relevant provisions of the relevant material.

    Land units or individuals have idle land disposal and land mortgage people, related administrative and judicial authorities and other parties to reach an agreement, should agreement be submitted to the land and resources administrative departments.

    Article 19th Ministry of land and resources administrative departments within 15 working days from the date of receiving the application for disposal, according to article 17th and combining these measures with units or individuals apply for disposal, development of the idle land disposal programmes for approval by approval of Governments.

    Set idle land have mortgages or other units to take restrictive measures such as seizure of the judiciary, land and resources administrative departments in developing idle land disposal programme should seek to land the mortgagee, related administrative and judicial authorities and other parties.

    20th national land resource Administrative Department shall dispose of idle land within five working days from the date of approval of the programme to inform unit or individual.

    Approved disposal this article 17th of the third through seventh, land and resources administrative departments responsible for the implementation of the programme.
Article 21st land units or individuals before implementation of idle land disposal programmes recorded during idle time.

    Idle land according to law before the completion of disposal, land and resources administrative departments do not handle idle land land use certificate of extension, land transfer and land lease procedures, does not accept the units or individuals of other construction land application.

    22nd land idle for two years (including by units or individuals not approved of the idle land disposal programme and the land has been idle for two years), the municipal and county governments can legally repossess the idle land.

    Article 23rd resumption of idle land, land and resources administrative departments in accordance with the following procedures:

    (A) file, a notice of investigation in writing to land units or individuals;

    (B) investigation and evidence gathering; (C) written by units or individuals of idle land to be resumed, the basis and the right to request a hearing.

    Vacant land with a mortgage or be taken coercive measures such as seizure, shall notify the mortgagee, related administrative and judicial authorities;

    (D) presentations and representation;

    (E) meet the statutory conditions for resumption, land and resources administrative departments by the original approval of the land Government make a written decision on the resumption of State-owned land use right;

    (F) the written decision on the resumption of State-owned land use right within seven working days from the date of service to units or individuals, with a copy to the mortgagee of land, the relevant administrative and judicial organs, and notify the development and reform, planning, construction and other sectors to withdraw related approval documents;

    (VII) recover the use of idle land units or individuals shall recover the State-owned land-use rights from the date of the decision in writing within the 30th, land certificates back to the land registration authority, fails to surrender the land registration authority to announce the cancellation.

    Land units or individuals according to the provisions of the preceding paragraph to request a hearing shall, within five working days as of receipt of the written application in writing, land and resources administrative departments within 20 working days of receiving a written request hearings.

    Article 24th written decision on the resumption of State-owned land use right shall contain the following:

    (A) the land or personal name or name and address;

    (B) the location, size of the idle land is resumed;

    (C) the fact that unused land to make tenure decisions based on State-owned land;

    (D) remedy.

    25th land units or individuals refused to hand over recovered by law enforcement of idle land, land and resources administrative departments shall order the surrender within ten working days, and fined a maximum of 10 Yuan and 30 yuan per square meter.

    The fourth chapter by-laws

    Article 26th about the meaning of the term in this way:

    "Did not start" refers to the following scenarios:

    (A) has not received a construction permit;

    (B) have received construction permits but does not start;

    (C) according to the approved construction of building Foundation does not meet cases of positive and negative zero elevation to stop development and construction for more than a year of age.

    "Development and construction should start with a total area" refers to entities or individuals in accordance with the State-owned land use contract or transfer decisions, land planning and design of instrument of ratification and conditions, shall, within the prescribed period of time to complete the development and construction of the land area.

    "The total area of the development and construction of" means "should commence development area" land unit or individual has invested in development and construction of the actual land area.

    "Total investment" refers to units or individuals directly into the total amount of funds for land development and construction, not including the costs of obtaining the land.

    "Investment" refers to units or individuals have put total funds for land development and construction, not including the costs of obtaining the land. 27th article this way come into force February 1, 2009. November 30, 2006 of the Nanning municipal people's Government issued the State-owned idle land disposal policy repealed at the same time.

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