Qiqihar land market management approach
(December 11, 2008, Qiqihar city, the people's Government of the 23rd Executive meeting on December 29, 2008, 5th, Qiqihar city people's Government promulgated as of January 29, 2009) Chapter I General provisions
First to strengthen the city's land and resources management, regulate the order of the land market, increased real estate income, according to the People's Republic of China land management law, the People's Republic of China real estate management law and the notice of the State Council on promoting the economical and intensive land use laws and relevant rules and regulations, based on actual city, these measures are formulated.
Article of State-owned land within the administrative area of the city supply, trade, land and other activities, these measures shall apply.
Article city and County (City) Government land and resource departments are responsible for the city and County (City) land market management.
Construction of the town and country planning, the people's Governments above the county level, finance, development and reform, prices, monitoring, auditing, environmental protection and other sectors in accordance with their respective responsibilities, to make land market management related work. Supply should be centralized and unified the fourth building, business, travel, entertainment, real estate development and monopolized by the Government for industrial use, unified storage, unified requisition land consistent implementation of transfer by tender auction listing.
Any organization, entity or individual shall have direct access to the developers of land.
Must adhere to the principles of continuous development of commercial housing.
Fifth of municipal or County (City) people's Governments should improve land-use planning, program management, control the total supply of land for construction, building land land reserve system and publicly traded.
City, County (City) Government land supply for land and resources departments should establish information release system, supply conditions and the result announcement system, the land register information query system.
Sixth article city, and County (City) Government land resources administrative competent sector, should with sibling development reform, and urban and rural planning, and construction, sector, according to economic social development plans, and industry policy, and land using general planning, and land using annual plans, and urban and rural planning and real estate development (annual) plans and the shantytown transformation plans and land market status,, prepared state-owned construction with to right transfer annual plans, by this level Government approved Hou to social released. Article seventh municipal government established a land supply Coordination Panel, chaired by the Mayor, head, Panel members for city planning, finance, reserve Center, construction, development and reform, auditing, environmental protection, prices, monitoring, legal and cranes in Heilongjiang province construction investment development limited (hereinafter referred to as city investment company) and other related departments in charge.
Panel set up under the Office, is responsible for daily work of land reserve and supply, land reserves and transfer scheme is proposed. Central city land implementation programmes coordinated by the city review panels review, approval of the Standing Committee of the municipal government.
Important matters, submitted to the Standing Committee of the municipal party Committee meeting approved. Article eighth and related land use planning should be dovetailed with the overall land-use planning, construction of various types of land use must be consistent with the overall land use planning arrangements. Annual land arrangements must be controlled within the annual land use plan.
Not consistent with the land use plan and annual plans, adjustments and modifications in a timely manner. Nineth project construction to the development and reform authorities, approval, prior to filing construction project, in accordance with construction land pre-trial applications were submitted to the land and resources department, organized by the Department of land and resources authorities and experts in accordance with the regulations required to conduct project reviews. Town and country planning Department Department of land and resources have been approved, determine location of conditions issued by the selection report.
Development and reform of the selection report ratification, approval and filing of construction project.
Article tenth among Ministry of land and resources, the transfer of land included in the catalogue can be used outside the allocated, shall be in the land of land supply, rental, pricing, investment or share paid to use.
National Office and transport, energy, water conservancy and other infrastructure (industry), urban infrastructure and a variety of social programs of paid use of land should be introduced gradually.
11th without the resettlement compensation recovered for the State-owned land use right may not be directly supplied, no land dizhang as policies and compensation. Land use land use need to be compensation, and dismantled signed relocation compensation agreements, assignment or transfer of the Department of land and resources that can be implemented. Reserve through a unity Government, after signing the reserve and purchase and relocation compensation agreements, assignment or transfer of the Department of land and resources that can be implemented.
Involving the occupation of agricultural land or land, Government approval, as has the right to approve diversion of land expropriation compensation and land expropriation and land requisition procedures and pay related tax, land and resource departments before they can sell or transfer.
12th business purposes, as well as more than two of the same intention of land should be sold through bidding, auction or listing ways. Assignment of the right to use the land for residential development, mainly conducted by auction.
At the auction, in principle, should have three or more (three) who has the real intention to compete with, or it will not be sold. Business, travel, entertainment and other business purposes to land, mainly in the listed ways.
Cannot achieve the unified purchase and demolition of "net" unified "net" work can be carried out after the listing sold sold, or purchase and demolition "net" costs in the form of lump sum, as a condition of use implemented by the developers.
Land for industrial use is mainly carried out in open selling, selling price shall not be lower than national unity to develop and publish minimum standards for industrial land.
Article 13th development units in any of the following situations shall not participate in the new land bids.
(A) outstanding land (including arrears);
(B) the determination of the existence of illegal issues by the relevant government departments are not qualified to participate in the bidding;
(C) the existing development projects a year are more than construction. Due to reasons attributable to delay the project does not commence within a year, shall pay a 20% of land idle land, did not start for two years to develop, the Government (the transferor) will resume land for free.
However, due to force majeure or the Government, the relevant Government Department or to start developing the necessary preliminary work except the start caused development delays.
Article 14th original construction due to land transfers, venue hire, corporate restructuring and changes in land use, should be compensated according to law, you can lease.
Lease of State-owned land should sign land leasing contract and according to the provisions of the registration procedures.
Acquisition of land by leasing State-owned land (excluding temporary land), land-use transfer contracts with the departments of land and resources, paid after the payment or transfer, may be turned into a sale.
Acquisition of land by leasing State-owned land use right of the land user, need to change land use or no change of land use but increasing the plot ratio, should be examined by the Administrative Department of city planning, land and resources, with the consent of the Department, the land market coordination panel approval, to sign the lease contract. 15th 40-70 square should ensure affordable housing, fetch shed modified housing and small commercial below 90 square meters of land supply, shall not be engaged, build; to rein in low density, large set of housing land supply. Needed to transform the shanty town area, could be introduced "Mao" to sell, the resettlement compensation as a condition of use, implemented by the developers.
Land for low-rent and affordable housing in shantytowns, to allocate for which commercial (including commercial) use, you can apply for land clearance, not carried out in auctions, listing sold.
HA-da-Qi industrial Corridor project and the counties (cities), industrial projects concentrated industrial base and investment projects, in line with the overall land-use planning, urban and rural construction planning and policies, should ensure that the supply of land.
Chapter III transfer of land 16th not buildings or buildings subject to demolition and reconstruction of State-owned land use right transfer, in conformity with the relevant provisions of the terms of transfer, the transferor must be reported to the Ministry of land and resources departments and related departments; according to law shall be submitted for approval, after review by the land and resources department and related departments reported to the Government at the same level for approval.
After approval, the transfer of both parties signed the land transfer contract. 17th to transferring acquired land use rights transfer, payment should be made to the price or lease price, access to state-owned land use right certificate, and according to the laws and regulations of provisions and transfer contract provisions or provisions on land investment scale.
Incomplete development of real estate projects, in line with the conditions of the preceding paragraph, approved by the right authority, implemented the project assignment. Allocated to acquired land use rights transfer, shall be governed by provisions of transfer procedures, payment of leasing or transfer formalities not approved, land gains by paying the transfer.
Land profit standards, by the city and County (City) Government formulation.
18th to discount the land made by the approval of the transfer, sign the lease contract has to be replaced, adjusting the selling price or lease price and transfer after the party paying the price or leasing, land can be transferred.
19th to state-owned land leased a piece of land transfer, the transferor to the assignment of the land and resources Department for procedures, payment of the price or after transfer, transfer of land use rights can.
20th of rural collective land use rights are required by law to dispose to the rural collective organizations of citizens, legal persons or other organizations, must apply for acquisition and replacement of collective land transfer formalities, in order to transfer land use rights.
Consistent with the land use plan and shall obtain the collective ownership of rural collective construction land use right of the land company, due to bankruptcies, mergers and other circumstances resulting in transfer of land use right according to law, transfer both land and resources departments to register the change.
21st mortgage due to transfer of land use rights, land acquisition, in accordance with the relevant provisions of ownership change procedures.
Obtained through bidding, listing, auction sites, and does not have the right to the real estate development of land users, may present the contract to build the relevant departments for transferring blocks of special rights, not part of the transfer of land Act.
The fourth chapter land reserve
22nd article in accordance with the "one channel into the water, a pool of water storage, a leading water" principle and establish land reserve system, implemented by the Government of land centralized supply and regulation of the market.
23rd of municipal or County (City) Government departments of land and resources, should in conjunction with the development and reform, urban and Rural Planning Department to prepare a land bank plan, reported to the people's Governments at the corresponding level for approval implementation, and Government departments of land and resources at a higher level for the record.
Land reserve specific work by the city and County (City) Government departments of land and resources of land reserve institution is responsible.
City, County (City) Government land and resources departments should strengthen the financial, land banking investment finance, cost accounting and financial supervision and management.
Scope of article 24th reserve land:
(A) to acquire, purchase, replacement land;
(B) does not determine the land use right of the land;
(C) land use defined in the General Plan of urban construction land is imposed by the law of the land within;
(Iv) other reserve land according to law.
25th Government reserve land main sources of funds:
(A) Bank loans;
(B) in part 20% of land transfer income as reserve funds;
(C) other sources of funding.
Central City demolition and consolidation, land leveling work by the urban land purchase and reserve Center and city investment company responsible for its implementation. Article 26th city land resources Department commissioned urban land purchase and reserve Center and city investment company, the central city in the transferring plan plot investigation estimates, the municipal finance, audit, prices, monitoring, administrative authorities simultaneously approved demolition.
Acquisition of specific compensation, land consolidation, "net", by the urban land purchase and reserve Center and city investment company.
27th article planning old city transformation lots of enterprises for overall relocation transformation, implemented "back city into rural", and "back II into three" Activate Enterprise land assets of, Government unified acquisition reserves, law recovered state-owned land right Hou, except by city demolition compensation related provides of standard be compensation outside, and will public transfer Hou of land pure returns of 60% returned original with to enterprises. 28th free of military land transfer, in accordance with the People's Republic of China town-owned land use rights transfer and transfer of interim measures and the relevant provisions of the regulations of the real estate management of the PLA.
Consent to the transfer of the military, can be incorporated into Government Land Bank and public transfer.
Article 29th free education facilities land, agreed by the Administrative Department for education, through negotiations after the purchase price, in the Government land bank.
Article 30th involving restructuring the property and debt repurchase and sale of enterprises with banks ' bad assets, falling within the recent urban construction land planning, land reserve Center will have priority to buy authorized by the Government.
The fifth chapter land management 31st of municipal or County (City) people's Governments shall regularly determine land, announced hearings and establish base land price updates, System.
Identified and on updating the Datum land price should be reported to people's Governments at the price departments and approved by the Department of land and resources.
City, County (City) people's Governments shall establish calibration of standard land price system and publishing.
Article 32nd city, County (City) Government departments should establish and improve the land price dynamic monitoring information system of land and resources, strengthen the supervision of land and assessment of premium. Transfer of land sold for prices lower than the calibration land 20% above, city and County (City) people's Government may exercise the right of pre-emption according to law.
Transfer of land below market prices, and County (City) more than people's Governments shall exercise the right of first refusal. 33rd land leasing, rent paid use of land must be paid in full, such as financial, not relief, use.
Land use the budget proposed by the financial sector, examined and approved by the Government at the same level.
Sixth chapter of contracts and change of land use, the volume management
Article 34th construction units shall in accordance with the contract approval document or allocation of the land provided for land use and volume rate using land without approval, the volume rate without changing the land use, land-use conditions.
35th land users need to change the original approval of land use or no change of land use but increasing the plot ratio, must be approved by the city's land and resources department and the City Planning Department approval and reported to land market coordination panel for approval, sign the lease contracts or sign a new contract of State-owned land use right transfer, charge or adjust the transfer fee. Article 36th achieved through the transfer of real estate development unit, actual construction over the contract for assignment of controlled detailed planning of the area part of the agreed conditions involving volume adjustment, development unit should be as stipulated in the land transaction floor premium, pay land fees.
Standard separately. 37th land and resources departments should be construction projects according to law and the performance of the land contract, allocation decisions in the case, as part of the completion of construction projects.
Engineering has failed to pass the check verification, through acceptance of the project.
Seventh chapter the land market information release
38th State land bidding, auction, plots of land should be sold starting recently, 20th in Qiqihar daily, the Government network, China land market network media auction or listing notices, important plot can be up to 180 days in advance. 39th of municipal or County (City) Government departments of land and resources after accepting an application for allocation of land, land subject to confidentiality requirements, allocation of land be publicized through the media, public notice not less than 10th.
For programmes approved by the Government, relevant results should be publicized.
40th land subject to confidentiality requirements, approved by the law or in compliance with the statutory conditions of the relevant land use rights transactions should be publicized, public notice not less than 10th.
All involved subjects of administrative license, conditions, procedures, deadlines, and decisions are made public.
The eighth chapter by-laws
41st acts in violation of these rules, prescribed by national laws and regulations on punishment, according to the provisions of
42nd State organs and land transactions, reserve staff in the land market management agency of dereliction of duty, abuse of authority or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
43rd article of the approach by the Qiqihar municipal people's Government is responsible for the interpretation. 44th article of the way from the publication date of the 30th before implementation.