Vacant Land In Yinchuan City Approach

Original Language Title: 银川市闲置土地处理办法

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(April 16, 2008, 1th yinchuan city people's Government promulgated as of May 17, 2008) first dealt with according to law and making full use of idle land, according to the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article these measures apply to vacant land within the administrative area of yinchuan city of cognizance and treatment.
    Article city and County (City) land and resource Administrative Department is responsible for the identification and handling of idle land.
    District departments of land and resources administration, land and resources administrative departments, assist do the work at the idle land in the city area.
    Development, planning, construction and housing security Administrative Department in accordance with their respective responsibilities, in collaboration with the competent administrative departments of land and resources of idle land.
    Fourth of municipal or County (City) land and resources administrative departments should be on idle land annually for inventory, registration, and publication.
    All units and individuals shall have power to idle land to report to the Administrative Department of land and resources.
    Article fifth in land units and vacant land. Has following case one of of, finds for idle land: (a) without original approved with to of people Government agreed, in State-owned land right transfer contract agreed or construction with to approved file provides of term within not started development construction of; (ii) State-owned land right transfer contract not agreed or construction with to approved file not provides started development date of, from State-owned land paid using contract or construction with to approved file entered into force of day up full one years not started development construction of; (three) has started development construction,
    Development and construction of the development and construction of space of less than the total area of one-third or lack of investment with a total investment of 25%, and has not been suspended with the approval of the development and construction of a continuous period of one year, and (iv) other circumstances as stipulated by laws and administrative regulations.
    Commence construction refers to obtaining construction licenses, and construction.
    Article sixth of State-owned land use contract or approved documents developed in stages of construction land, idle land area approved by the developed in stages.
    Seventh due to force majeure or Government and acts of government authorities commenced construction delays and vacant land, extend the computing development and construction start date.
    Eighth of municipal or County (City) departments of land and resources administration in accordance with terms of reference identify idle land, land users should be the scope of idle land, area, spare the time and cause of idle land, mortgages and other relevant information, to provide the land and resources administrative departments, and are under investigation.
    Article idle land from the date was identified, land user shall, to the city and County (City) departments of land and resources administration pay a fee for idle land. Tenth of municipal or County (City) departments of land and resources administration for what it deemed idle land, shall be identified by the fact that, according to the notice to the land users.
    Idle land is established according to law on mortgage, you should also notify the mortgagee.
    City, County (City) land and resources administrative departments should develop idle land to its identified the land disposal programme, and approved by the people's Government at the organization. 11th article idle land can select following way be processing: (a) extended development construction time, but most long shall not over 1 years; (ii) change land uses, handle about procedures Hou continues to development construction; (three) arrangements temporary using, stay original project development construction conditions has Hou, again approved development, land value-added of, by Government charged value-added premium; (four) Government for land using who replacement other equivalent idle land or existing construction with to for development construction; (five) Government take tender, and Auctions, such as identifying new land users, on the construction of the original construction project continues to develop, the original land use compensation; (f) land use instruments such as land surrender agreements signed with the Government, to return land to the Government.
    Government shall, in accordance with the land surrender agreements and other instruments of the contract supplies and returned to the land equivalent of the land.
    Caused by relevant departments of the Government, the Government of idle land, land users to pay part of the price, in addition to selected in the manner provided in the preceding paragraph, in accordance with the actual payment total amount payable is prorated to determine land to land users, to be resumed for the remainder. 12th the land idle for two years, you can free to recover land.
    But any of the following circumstances, applied for by the land and by the original construction project approval, you can extend the development and construction time and deadlines start development and construction, extension of the maximum period of one year.
    (A) to transfer way made land right, land using who has by transfer contract full or part paid leasing, development construction early work prepared ready, funds implementation, has basic has development construction conditions of; (ii) is old city transformation project, original determine by land competing have people completed ground attached real demolition and the placed of, by verified has completed demolition, and placed work volume 50% above, funds implementation, basic has started development construction conditions of.
    Extension still not commenced construction of the expiry, provided free to recover land. 13th land resumption of idle land Administrative Department in accordance with the following procedures: (a) the filing, investigation and evidence collection, finding the facts, (ii) resumption of idle land decision shall inform the parties of the facts, grounds, and basis. Idle land according to law has a mortgage, should also inform the mortgagee, (iii) listen to the statements of the parties and to defend themselves.
    Party requirements hearing of, should held hearing; (four) developed recovered idle land decided reported original approved specific construction project with to of Government approved; (five) will recovered idle land decided book served party, while told party has application administrative reconsideration and filed administrative litigation of right; (six) terminated State-owned land paid using contract, cancellation land registration and land certificate, while notification sent modified, and planning, and construction, sector revoked related approved file; (seven) to social announcement. 14th be resumption of idle land land use, shall recover the unused land from the date of service of the decision in the 15th, to the land and resources administrative departments for cancellation of land registration, returned to the land use certificate.
    Fails to apply for registration, without surrendering their land-use certificates, the Department of land and resources administration announced to the public directly after the cancellation of land registration and land-use certificates. 15th due to the disposal of idle land to land ownership, land-use change, new users of land shall, from the date of obtaining the land to the land and resources administrative departments within the 15th alteration registration procedures, shall notify the competent administrative Department of land and resources development, planning, construction and other sectors related to cancellation or change approval documents.
    Land user fails to go through, the Department of land and resources administration to change it directly.
    16th of municipal or County (City) departments of land and resources administration according to law to recover unused land, redefine applications, set the use conditions, determine the way for, and announced to the public.
    Article 17th land user fails to pay a fee for unused land, from the due date, plus total idle land costs payable by the day 1 of the late fee.
    18th idle land land and resource management staff to deal with dereliction of duty, favoritism, abuse from their work units or higher authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    19th State-owned agricultural land for development has one of the following situations may be identified as vacant land, in accordance with the measures implemented.
    (A) breach of the original contract development time and investment and (ii) Although not stipulated in the contract, but the shortfall over two years investment and development 25%.
                                                                                                                          20th these measures shall come into force on May 17, 2008.