Tianjin Municipal Land Reserve Management Practices

Original Language Title: 天津市土地整理储备管理办法

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(June 30, 2008 Tianjin City Government 10th times Executive Conference considered through July 11, 2008 Tianjin City Government makes 8th, announced since August 15, 2008 up purposes) first article for reasonable using land, optimization land resources configuration, guarantees economic social of can continued coordination development, according to People's Republic of China land management method and Tianjin City land management Ordinance, legal, and regulations of provides, combined this city actual, developed this approach.
    Second land reserve within the administrative area of the city, these measures shall apply.
    Third article this approach by said land finishing reserves, is refers to City Government determine of land finishing reserves institutions, according to economic social development and city construction of need, according to this approach of provides, on into reserves range of collective land law implementation levy, on State-owned land implementation acquisition, and recovered, and replacement Hou, for land early development finishing and, and be store, for supply land of behavior.
    Fourth article this centralized unified municipal land reserve management system. Municipal, land consolidation, unified leadership of the reserve.
    Land, land consolidation, Asset Management Committee is responsible for the plan review and implement monitoring, coordinating and solving major issues in the work of land reserve.
    Department of land administration, land reserves, is responsible for the unified management of reserves and land consolidation plan work. Urban land consolidation, land consolidation, Center, as the reserve, is responsible for citywide land consolidation plan of organization and implementation, Commission work and land acquisition, and consolidation reserve. Urban development land reserves outside the control zone.
    By district and County organizations.
    Municipality on land reserve institution other provisions from its provisions. Center may appoint a fifth of municipal land consolidation area, the land administrative departments of the County-owned land consolidation should undertake district and county people's Government is responsible for the Organization and implementation of land consolidation projects.
    Depending on your needs, urban land consolidation Centre may entrust other unit to specific areas, specific construction projects land consolidation.
    Sixth article following land into land finishing reserves range: (a) for public interests need or implementation city planning, need using of land; (ii) for units relocation, and dissolved, and revoked, and bankruptcy, and industry structure adjustment or other reasons, stopped using of State-owned land; (three) land right people not according to land right transfer contract agreed or State-owned land allocated decided book provides of term started development, need recovered Habitat right of land; (four) land right using term expires, need recovered of land;
    (E) the farmland and land expropriation does not determine the units of land, (vi) confirmation of idle land according to law; (VII) confirmed as no land use land according to law; (h) the Government entrusted with the management of State-owned land and (IX) other into the scope of consolidation reserve land.
    Seventh article this management system, implementation of land consolidation plan.
    Land administrative departments of the city according to the city's needs, according to the city's economic and social development plan, land use planning, urban planning, land-use planning and land supply and demand in the market, developing land consolidation plan adopted by the urban land assets management committee and reported to the municipal people's Government for approval, implemented by the municipal Centre for land consolidation.
    Land consolidation plan should include the following: (a) the annual consolidation reserve land size; (b) the annual consolidation reserve land supply size; (c) the stock size of reserve land at the end of the year. Eighth land consolidation plan in accordance with project management. Project implementation plan of urban development within the controlled area by the municipal land administration authorities and released, project implementation plan for urban development outside the control zone district and county governments for approval and release.
    Approved reserve land consolidation project implementation plan as a basis for relevant examination and approval procedures.
    Nineth in land on reserve land within the project implementation plan, the land administrative departments shall restrict the transfer of land use right, planning authorities should limit construction, reconstruction, expansion of above-ground buildings, preparation of controlled detailed planning of preferred organizations, relevant departments should be actively doing work. Tenth of municipal units commissioned by the Centre for land consolidation and its implementation of land consolidation should be based on the investigation, according to finishing a land situation, develop land consolidation program.
    Implementation of land consolidation programmes should include land consolidation scope, compensation standards and schedules, and so on.
    Land consolidation and implementation plan must be reported to the Department of land administration approval before implementation.
    11th under reserve of land consolidation needs, land consolidation Center and its authorized units proposed to amend regulatory detailed planning proposals, reported to the competent administrative Department of planning approval. Article 12th consolidation of State-owned land, land consolidation Center and its authorized units according to the approved implementation of land consolidation programme for land consolidation and land by finishing signed compensation agreement. Demolition of the delegate, and the principal of the demolition unit signed demolition contract and in accordance with the provisions of city planning, land use and housing demolition procedures.
    Involving State-owned agricultural land, farmland formalities together in accordance with the relevant provisions. 13th collective land, urban land consolidation units reserve land consolidation projects commissioned by the Centre and its implementation plan, the land consolidation plan approval documents and other elements, the land administrative departments to apply for land expropriation procedures.
    Relating to agricultural land, farmland formalities together in accordance with the relevant provisions. According to land expropriation and conversion of the land into agricultural land reserve.
    Into reserves for 2 years did not supply, arranged by the City Department of land administration in farmland plan next year, deduct the corresponding indicators.
    14th has been processing the cancellation and alteration of land registration, commissioned by the City Centre for land consolidation and its units in accordance with the relevant provisions of the relevant procedures of land registration.
    Demolition of housing needs on the ground, in accordance with the relevant provisions of the municipal housing management authority in the registration cancellation of registration; housing on the ground need to preserve and transfer the ownership of the units commissioned by the City Centre for land consolidation and its original rights holder who powers of Attorney and other elements, registration procedures for transfer of ownership.
    15th article finishing non-residential housing State-owned land of, by city land finishing Center and delegate of units delegate has qualification of real estate assessment institutions, according to state-owned land using certificate provides of land uses, and ground buildings status, and land status using conditions, for land and property price assessment; according to assessment results, city land finishing Center and delegate of units combined economic measuring analysis, and was finishing land right people consultations determine compensation standard.
    16th expropriation of collective-owned land, in accordance with the People's Republic of China land administration law, the Tianjin Municipal Land Management Ordinance and other relevant provisions of this municipality, determine the compensation standards.
    17th finish Town House of State-owned land, in accordance with the national provisions relating to demolition of homes and the municipality to determine compensation standards.
     18th use of allotted land enterprises, implementation of enterprise property rights Exchange involves transfer of land use rights, in the same condition, have a right of first refusal on land assets of the Government of the people.
    With paid access to land, land transfer price was significantly lower than market prices, people's Governments shall have the preemptive right.
    People's Government exercise its preemptive right to specific measures separately.
    Article 19th resumption of State-owned land, the land administrative departments fulfilled relevant procedures, after the cancellation of the original land-use permits, referred to the unified management of urban land consolidation Center, into the Government reserve land.
    20th when public interest requires, City Center and principle of land consolidation units finishing State-owned land, and land by finishing no land agreements, in accordance with the laws and regulations of the competence and the procedure for applying for land by finishing houses and other real property introduction.
    Finished 21st, prepared land into Government Land Bank, managed by the urban centre of land consolidation, land registration, land consolidation, as commissioned by the Centre and its units.
    Without authorization, no unit or individual is allowed to occupy Government reserve land or soil on the ground.
    Before the 22nd Government reserve land does not supply, land consolidation Center and its authorized units of Government can be reserve land, together with the ground, take rent, temporary use of use, with proceeds earmarked for land reserve.
    Time limit for provisional Government reserve land, no more than 2 years, and cannot influence the supply of land.
    23rd Government reserves land for temporary use, urban land consolidation units commissioned by the Centre and its programme of Government reserves land for temporary use should be developed and submitted to the municipal land administration departments for approval.
    24th Government reserve land within the controlled area of urban development, commissioned by the municipal land consolidation Centre public transfer.
    Before the public selling of government reserve land land land transfer costs should be approved by the Administrative Department.
    25th article approved by the municipal government, the Municipal Finance Department from the land grant the Government paid to the State Treasury in net income set aside a certain percentage of funds, State-owned land income fund, for use in land reserve.
    Article 26th City Center and its authorized units of land consolidation, strengthening of financial risk management, may not in any form of guarantees to third parties.
    27th of municipal land units commissioned by the Centre and its staff of negligence, abuse of power, favoritism, solicit or accept someone else's property for an individual or for the benefit of others, depending on the seriousness of the corresponding administrative sanction constitutes a crime, criminal responsibility shall be investigated according to law.
                                                28th article this way come into force on August 15, 2008.