Advanced Search

Vacant Land In Zhengzhou City Solutions

Original Language Title: 郑州市闲置土地处置办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Consideration of the 104th ordinary meeting of the People's Government of the State of 21 April 2008 of the adoption of the Decree No. 174 of 4 May 2008 of the People's Government Order No. 174 of 4 May 2008, which came into force on 1 July 2008)

Chapter I General
Article 1 provides for the development of this approach in line with the relevant laws, regulations and regulations, such as the People's Republic of China Land Management Act, the People's Republic of China Urban Property Management Act.
Article 2, this approach applies to the determination and disposal of State-owned land (hereinafter referred to as land) within the city's administration.
Article 3 Leave land disposal should be consistent with the overall land-use planning and overall urban planning, consistent with the principles of stocktaking, pre-use and legal disposal.
Article IV, municipalities, districts (markets), the people of the streets are responsible for the leadership of the land disposal process, the establishment of a mechanism for the disposal of landless land, which is approved by law.
Article 5
The authorities in the area of development reform, planning, construction, housekeeping, municipalities, arts, finance, inspection, etc., and in the new Oriental Zone, the development area of the high-new technology industry in the State, the development area of economic technology in the State, and the State's airport area, within their respective responsibilities, should work together on the disposal of landless land.
Article 6. Municipal, district (communication), land administration authorities in the streets should strengthen monitoring of land-breaking land, establish land-based archives and track land use.
The municipal, district (market) and the land administration authorities in the neighbourhood should establish inter-agency mechanisms for development reform, planning, construction, housing, and property-related information-sharing.
Chapter II
Article 7 determines that the land is in a piecemeal unit.
In accordance with one of the following circumstances, it is determined that the land will be landed:
(i) Without the consent of the Government of the people of the land-use area, more than the State's land-use right to contract agreement or to build a territorial instrument of ratification (State land transfer decisions);
(ii) The State Land Use Authority does not provide for the duration of the construction of a movable business development by an agreed or building of a land-use instrument (the State Land Transfer Decision) from the entry into force of the contract or the construction of a land-use instrument (State Land Transfer Decision) from the date of the issuance of the State Land Transfer Decision;
(iii) Without approval for the discontinuation of the development of construction for one consecutive year and the development of small-scale buildings with less than one third of the total area, or an investment of less than 25 per cent of total investment, of which the six-tiers of the real estate development project (including six-tiers) were not completed, the top-level construction project had not been completed for more than two-tiers (including floors) and the small-level buildings of seven to twelve (twenty floors) had not completed the top-up of the three-tier (subs) structure;
(iv) Other cases provided for by law, regulations.
Article 8. State ownership of land use provides for a contractual agreement or the building of a territorial instrument of ratification (State land transfer decision) to be developed on a phased basis, with the approval of the land area of the land area for the duration of development.
Article 9 causes delays in work due to force majeure, government and its related sectors, or work required for the development of the work of the movable industry (unless land units or individuals should be performed) and does not identify land for use.
The use of land units or individuals shall, within 30 days of the end of the period leading to the delay in the work of the movable industry, apply to municipal or district (communes), the land administration authorities in the street area, subject to review and be re-established by the land administration authorities. The re-established period of work shall not be postponed for one year after the end of the event.
Article 10 of this approach states that the Government and its relevant sectors have caused delays in work, including:
(i) Use of land units or individual requests for construction, and the planning administration sector has left the land unused owing to the planning adjustments to the suspension of the receipt of the report, except for two years when the land has been installed by the local unit or by the individual;
(ii) The State's land has allowed the contract to agree on the Government's infrastructure, but the Government has not been completed by agreement, resulting in a project that does not have the conditions for the development of the work;
(iii) The right to register overlaps or ambiguities and to make use of local units or individuals unable to carry out construction;
(iv) The Government and its relevant departments, in writing, inform the use of local units or individuals of the cessation of construction, except as a result of territorial units or personal offences;
(v) Delays in the development of movable workers due to significant national policy adjustments;
(vi) Delays caused by the administrative omission of the Government and its related sectors or other violations.
In one of the cases listed in the previous paragraph, the municipality or the district (market), the Government of the people of the streets and their relevant departments should make written documentation available to local units or individuals.
Article 11. Land-use rights are not established by article 9 of this approach by the court by virtue of the court's prior agreement or by litigation and arbitration.
Article 12. Land administration authorities determine that land is free of land, according to the following procedures:
(i) The case;
(ii) Examination of evidence;
(iii) Written notification of the facts, rationales, basis and the right to request hearing;
(iv) Hearing statements and defences;
(v) Determining that land is free of land and making a land titling;
(vi) The land titling is sent within seven working days from the date of submission. Separate land has mortgages or seizures, accompanied by the transfer of the relevant land mortgages and the judiciary, the executive branch.
Article 13, municipalities, districts (markets), land administration authorities in the streets should provide clarifications on the use of the land and the relevant evidence and material, such as the request for land clearance, land use status and land rights.
Article 14. The land administration authorities should inform the relevant authorities in writing after the land is identified.
The land administration authorities shall not transfer, mortgage and rental procedures for land-use transfers, mortgages, and other relevant sectors shall not handle the approval process for land-breaking.
Chapter III
Article 15. The land was left behind for a period of up to two years and the land was charged by 20 per cent of the land price. In addition to the 20 per cent levied or allocated land prices, the value added of the land should also be charged in accordance with the provision for the provision of the provision of the provision for the release of the value added.
The value-added land price is the difference between the current assessment of the land and the original offer.
The land sequestration and value-added land prices are charged by the land administration authorities and incorporated into the management of the financial exclusive household.
Article 16 left land for more than two years and disposes of the following:
(i) Establish conditions for the development of jobs and build-up deadlines;
(ii) The absence of conditions for the development of jobs and acquisition by government agreements;
(iii) In accordance with statutory recovery conditions, the Government shall be free of charge by law;
(iv) Other means provided for by law, regulations.
Article 17
(i) In line with urban planning and existing industrial policies;
(ii) The corresponding financial strength;
(iii) The construction of water, electricity, roads and sites;
(iv) The payment of land in full and added value.
The development of construction within the time limit shall be carried out by local units or individuals within 20 working days from the date of receipt of the land titling document, with the relevant supporting material being submitted to the city or district (market), the land administration authorities in the neighbourhood.
Article 18, city, district (community), land administration authorities in the streets should develop applications for construction within the time limit proposed by local units or individuals to prepare the land disposal programme for the release of the land, to be followed by approval by the Government of the people of the land that has been approved.
The duration of the movable work is not more than one year from the date of approval of the disposal programme.
Article 19 does not have the conditions for the development of the flora and fauna, which may be reclaimed by the Government agreement, after the full payment of the land-using fees.
The choice of government agreements to purchases should be made by land units or individuals within 20 working days from the date of receipt of the Land Separate Depositary, to enter into a acquisition agreement with municipal or district (market) and the local land reserve agency. The acquisition agreement shall be submitted to the municipal or district (market) and to the local land administration authorities.
Municipal or district (communication), the land administration authorities in the street should develop the land disposal programme based on the acquisition agreement and be organized after the approval of the Government of the people of the land previously authorized.
Article 20
(i) Unpaid or allocated land prices;
(ii) No payment of land-free and value added in full;
(iii) No alternative to land disposal within 20 working days after the receipt of the land titling;
(iv) Options for the development of construction within a period of time, with the duration of the period of time remaining unmovable or alive construction, but still in accordance with article 7, paragraph 2 (iii), which provides for the non-removable land conditions;
(v) Other cases provided for by law, regulations.
Article 21, the right to free recovery of land use by law, and the municipal and district authorities (markets), the land administration authorities in the streets should be carried out according to the following procedures:
(i) A case and a written investigation notice to a local unit or individual;
(ii) Examination of evidence;
(iii) Written notification of the facts, grounds, basis and the right to be heard by a local unit or individual for the purpose of taking the decision to recover the land. Separate landowners should also be informed of the relevant mortgage rights;
(iv) Hearing statements and defences;
(v) After the approval of the Government of the people who had previously authorized the use of land, the State's land-use decision has been taken;
(vi) Removal of national land-use decisions from the date on which they have been made to the local units or individuals. Separate landowners have mortgage power, while congesting the relevant land mortgages;
(vii) To request the Government of the people who have approved the use of land to withdraw the capital instrument of ratification (State land transfer decisions) or to terminate the State's land-use rights to contract and write-off land registration and land certificates, while written notification to the development reform, planning, construction, housing, etc. to withdraw the relevant approval documents and to make public announcements to society.
Article 22, which uses local units or individuals to refuse to surrender land that has been recovered by law, is vested in the urban or district (market), the Government's land administration authorities in the streets to return their land within 20 working days and to impose a fine of up to $30 m2 per square kilometre.
Article 23 requires hearing in the identification and recovery process of the land of the land in which a written request may be made within five working days from the date of receipt of the written notice, and the Land Administration shall hold hearings within 20 working days.
The specific administrative actions of local units, individuals against the city, the city, the city, the people of the streets and the land administration authorities may be prosecuted by law.
Chapter IV
Article 24 determines and disposes of land collectively and is implemented in accordance with the relevant provisions of the State, the province.
Article 25