(Jinan Government 60th times Executive Conference considered through January 7, 2008 Jinan Government makes No. 230, announced since February 15, 2008 up purposes) first chapter General first article for strengthening land market management, optimization configuration land resources, specification land market run, according to People's Republic of China real right method, and People's Republic of China land management method, and People's Republic of China City real estate management method, and city housing demolition Management Ordinance, legal, and regulations of provides,
This municipality actually, these measures are formulated.
Second lixia district of the city, Naka and the huaiyin district, Tianqiao district, licheng district, in Changqing district administrative internal (high) State land reserve and purchase procedures apply.
Thirdly, land purchase and reserve in municipal government, under the leadership by the municipal land and resources administrative departments.
Land acquisition land acquisition functions entrusted by the municipal government institutions (referred to land purchase and agency).
Land reserve by the municipal land reserve Center is responsible for.
The municipal development and reform, construction, planning, finance, real estate and other sectors in accordance with their respective responsibilities, to do a good job of land purchase and reserve.
Fourth, land and resources administrative departments should be based on capital investment planning, town planning, land use planning, in conjunction with the development of reform and construction, planning, finance and other sectors annual land reserve scheme, approved by the municipal organization.
Annual plan of land purchase and reserve include: annual purchasing and reserving land size reserve land development scale in the early of the year; annual purchasing and reserving land supply size; annual temporary reserve land-use plans; plans to reserve and purchase land size at the end of the year.
Second chapter land acquisition fifth article following land by land acquisition institutions unified acquisition: (a) public career and city based facilities construction need using of land; (ii) implementation city planning or old city transformation need adjustment using of land; (three) land right people unable to continues to development and and not has transfer conditions of land; (four) land right people application acquisition of land; (five) other should acquisition of land.
Sixth article land acquisition according to following program for: (a) accept land acquisition task; (ii) to city planning sector consulting planning nature, and prepared planning planning programme, and application planning conditions (including with to range, and with to nature, and building density, and volume rate, and green rate, planning index); (three) notification was acquisition land right people received and filled acquisition land right and the ground built (frame) built real right situation declared table, accepted acquisition application;
(Four) on intends acquisition of land and ground built (frame) built real of ownership, and right, about situation for survey and audit, and delegate has land and housing assessment qualification of assessment institutions for real estate price assessment; (five) and was acquisition land right people signed land right acquisition contract; (six) by approved Hou handle original land right and built (frame) built real property cancellation registration or change registration procedures.
Seventh article was acquisition land right people should provides following information: (a) land right and the ground built (frame) built real right situation declared table; (ii) statutory representative people qualification certificate, and authorized Attorney; (three) land using card or land ownership source proved; (four) built (frame) built real ownership, and right of legal voucher; (five) land plane figure; (six) land and the ground built (frame) built real using situation description; (seven) other need submitted of information.
Eighth article land acquisition contract including following main content: (a) was acquisition land right people name, and address, and statutory representative people, and land location, and four to range, and grade, and area, and uses and the ground built (frame) built real status and the real estate ownership situation; (ii) land acquisition compensation way and implementation approach; (three) delivered land of term and way; (four) both agreed of right obligations; (five) default responsibility; (six) disputes of processing; (seven) other about matters.
Nineth direct acquisitions into monetary compensation for land acquisition and land acquisition of the share of proceeds in two ways.
Planning for non-business purposes, direct acquisitions means the acquisition of monetary compensation.
Planning for business use, monetary compensation can be taken direct acquisition or land acquisition of the share of proceeds to make acquisitions.
Tenth Article currency compensation directly acquisition allocated land right and the ground built (frame) built real, to land right compensation as led way of, land according to assessment price of 60% give compensation, built (frame) built real according to assessment price compensation; to ground built (frame) built real compensation as led way of, according to real estate integrated assessment price deduction by containing land assessment price of 40% give compensation.
Monetary compensation for the direct acquisition of land and build (or structures), to compensation as the main mode of land, land and building (structure) respectively in accordance with the assessment price compensation to build (structure) of compensation as the dominant mode of, based on the comprehensive evaluation of real estate price compensation. 11th article take land returns into way acquisition of, acquisition planning range within original land right people all land right Shi, temporarily not paid land and the ground built (frame) built real compensation fee, by market mechanism for to Hou, Government according to acquisition of original land right people actual can transfer of land, in transfer land total price in the deduction land finishing, related costs, and original land right people according to 4:6 proportion into.
All build within the acquisition (structure) and in planning for roads and other public land with no compensation.
12th acquisition of land by the Government provides non-residential rents of public rental housing, land acquisition compensation fee paid to the house owner, by house owner and lessee of land acquisition compensation fee of 3:7 percentage.
Land acquisition of housing for urban residents, in accordance with the relevant provisions of the urban housing units management compensation, compensation for land no longer.
13th obtained land use right transfer transfer of land use right, 20% per cent lower than the calibration land transfer price of Government preference.
14th has been acquiring land and building (structures) whose ownership is in dispute, by the acquisition of land and who negotiated settlement of disputes, in the absence of agreement, land purchase and institutions can be acquired, ownership of the disputed parts of the compensation fee can be deposited by statutory bodies until after the dispute is resolved, further compensation.
Article 15th assessment is divided into land evaluation, construction (structure) assessment and comprehensive evaluation of the real estate.
Allocated land according to the original purposes of assessment; land assessment according to the original purposes of the remaining operational life.
Buildings (structures), renovation of buildings according to their structure and built, according to assess the replacement cost approach.
Comprehensive appraisal of real estate, according to the location, uses, structures, decoration, built, according to the real estate market assessment.
16th section land acquisition agencies after land acquisition contract with the purchaser of land and resources, according to the land acquisition, property management Department contracts and approval document of registration procedures for land use rights, property write-offs and changes.
17th of municipal land and resources administrative departments can be acquired within the scope of land and ground freeze, land should be to keep the land and the building (structure) the status quo, the departments concerned shall not apply for the planning, construction and other related procedures.
Chapter III reserve Article 18th lands to be included in the scope of land reserves: (a) the law of the land, (ii) the purchase of land, and (iii) has been land of farmland conversion and land approval and (iv) other land lawfully obtained.
19th reserve land by land acquisition agencies build (structures) demolition of maturing such land, land leveling work.
20th reserve land until municipal land reserve Center can land either alone or together with the construction of the reserve (structure) of rent, mortgage or temporary use.
Article 21st after development of reserve land, land and resources administrative departments should be the location, area, land use planning, and so on, to society announcements on a regular basis.
22nd construction land except as otherwise stipulated by laws and regulations, priority selection and supply from the Government land bank.
23rd article land acquisition reserves funds main source for: (a) financial sector from has supply reserves land produced of land transfer income in the arrangements to land reserves institutions of land and demolition compensation costs, and land development costs, acquisition reserves land process in the occurred of related costs; (ii) State-owned land returns Fund; (three) Bank and the other financial institutions loan; (four) other sources.
Article 24th of land purchase and reserve funds to cover land costs, land acquisition compensation fee, land development and consolidation in the early costs, interest on loans, as well as approval by the financial and other costs relating to land purchase and reserve.
The fourth chapter legal liability article 25th of land built on the ground (structure) units, disputes, according to the State Department of the urban housing units regulations Shandong province urban housing units management and the relevant provisions of the Ordinance.
26th in line with conditions of reserve land, land not subject to reserve and purchase unauthorized transfer of land and buildings (structures), according to the People's Republic of China land management law and other relevant laws and regulations will be punished. 27th in land acquisition, acquisition of land is not required to provide acquisition information and land use conditions or providing false information to the work caused the loss of land purchase and reserve by the municipal administration of land and resources authorities shall order their correction and compensation for economic loss.
28th land purchase and reserve in dereliction of duty, abuse of authority, or taking advantage of his position to solicit or illegally accepting other people's property, causes losses to the State, the collective, and penalties to constitute a crime, criminal responsibility shall be investigated according to law.
Fifth chapter supplementary articles article 29th district (City) land purchase and reserve in reference to these measures. 30th article of the rules take effect on February 15, 2008.
City, Jinan City, released on April 28, 2003, of the interim measures for State-owned land purchase and reserve abolished at the same time.