Nanjing Municipality On Land Reserve Way

Original Language Title: 南京市土地储备办法

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(December 25, 2006 Nanjing City Government Executive Conference considered through December 29, 2006 Nanjing City Government makes No. 253, announced since February 1, 2007 up purposes) first chapter General first article for strengthening State-owned land assets management, improve Government on land market of macro-control capacity, promote land resources optimization configuration, according to People's Republic of China land management method, and Jiangsu Province land reserves approach, legal, and regulations of provides, combined this city actual, developed this approach.
    Article within the administrative area of the city in addition, gaochun County, Lishui land outside reserve, these measures shall apply.
    Article III land reserves in these measures refers to approved by the municipal government, municipal land on behalf of the Government according to law by the competent administrative department to recover and acquisitions made by way of State-owned land into government land reserve and land form available land for construction.
    Fourth municipal Bureau of land and resources is the city's land administrative departments, municipal land reserve Center is responsible for the implementation of the work of land reserve.
    Development and reform, economy, planning, real estate, construction, financial, pricing and other relevant departments and the District Government should reserve land in accordance with their respective responsibilities, with land administrative departments and make the work of land reserve.
    Fifth article of the municipal land reserves unified, unified management principles.
    State approved by the municipal government, transportation, urban construction group special land bank of relevant departments and mass transit projects have to manage municipal land reserve Center.
    Sixth city land administrative departments and planning administrative departments shall, in accordance with the national economic and social development planning, land use planning and urban planning, develop land reserve in the city planning.
    City Department of land administration, land reserves, should be based on the plan, plan for land supply and market supply and demand conditions, development of annual land reserve.
    Land planning and land bank plan approved by the Municipal Government of the year after its enactment.
    Chapter II reserves article seventh should be integrated into the State-owned land bank of the following: (a) Government shall recover; (b) the Government of compensation recovered by law and (iii) purchases made by the Government and (iv) other reserves.
    Eighth article government law recovered of land including: (a) land transfer, paid using contract agreed of using term expires, land using who not application continued period or application continued period not was approved of land; (ii) for units revoked, and migration, reasons stop using original allocated of State-owned land; (three) by approved scrap of highway, and railway, and airport, and mine, with to; (four) law recovered of idle land; (five) land violations was investigation Hou law recovered of land; (six) other should law recovered of land.
    Nineth legally compensated land resumed by the Government including: (a) public interest requires the use of the land, (ii) for the implementation of urban planning for old town reconstruction, need to adjust the use of land, (iii) Group of remaining land withdrawal of the land and (iv) shall be compensated according to law of the land.
    Tenth Article Government acquisition of land including: (a) for city planning of adjustment, non-business sex with to, including industrial with to, and warehouse logistics with to,, to commercial, and residential, and Office, and hotel, business sex uses need acquisition of land; (ii) according to land right people application acquisition of land; (three) land right transfer in the Government exercise priority purchase right acquisition of land; (four) State-owned enterprise restructuring need acquisition of land; (five) other need acquisition of land.
    11th article implementation land reserves, city land reserves Center should according to following program handle: (a) on intends compensation recovered or acquisition land of about situation for field survey and verified, on land and the ground buildings, and attached real of value and demolition, and placed, costs for measuring; (ii) developed compensation recovered or acquisition land programme; (three) to government investment, and planning, competent sector handle related procedures; (four) by related procedures apply for reserves with to approved notice; (E) acquisition contract with the original occupiers back formalities or (vi) go through the land alteration registration, include land bank reserves.
    Reserve land above-ground buildings, the attachment is not included in the removal of, should go through the real estate registration.
    12th article land acquisition should according to following provides give compensation: (a) to transfer way made of land, according to land remaining using years and land using who on land of actual input give compensation; (ii) involved city housing demolition of, according to about city housing demolition of provides give compensation; (three) Government exercise priority purchase right purchase of land, according to land transfer declared price give compensation; (four) Government determine of other compensation way.
    13th land to apply for land acquisition, shall provide the following documents: (a) the application for land purchase, (ii) land certificate, (iii) the land use right certificate (iv) proof of ownership of housing, (v) other supporting documents shall be submitted.
    Chapter III management of reserve lands 14th of municipal land reserve Center shall establish a reserve land records and accounting, strict application of the reserve lands into the library system, the dynamic management.
    City land administrative departments of the land reserve management information system should be established, and sharing resources with relevant departments.
    15th of municipal land reserve Center to reserve land in accordance with law, land formation, construction of infrastructure facilities such as early development and engineering support.
    16th of municipal land reserve Center warehouse land needs to be demolished, it shall conduct the demolition permit procedures.
    17th municipal land reserve Center may, in accordance with the rational use of reserve land for a temporary.
    Reserve land can refer to mortgage the land according to law. 18th reserve land supply by the Municipal Department of land administration organizations.
    Land reserve Center should be requested by the land supply plan, do a delivery for the preparatory work.
    Reserve land should in principle to deliver NET.
    Article 19th for commercial, tourism, entertainment, residential and other operational items, auction, bidding, listing transferred according to law.
    20th reserve lands to deliver supplies, reserve lands and its above-ground buildings, fixtures should be ownership certificate withdrawn.
    21st reserve land utilization and management of funds, in accordance with the relevant provisions of the State and province.
    Fourth chapter legal liability article 22nd municipal land reserve Center is not required to pay compensation for land acquisition, the holder shall have the right to terminate the land purchase contract of the land.
    Article 23rd contracted land is not land and above-ground buildings, fixtures, or at the time of the land without authorization and processing buildings, fixtures, municipal land reserve Center is entitled to correct within, compensation for economic loss, and continued to perform the land purchase contract.
    Article 24th squatting and dispose of reserve lands by the Municipal Department of land administration under illegal occupation of land. 25th city land administrative departments shall ensure the implementation of reserve land management oversight functions.
    Due to lack of supervision, resulting in serious consequences, shall be the responsibility of those responsible. Article 26th city land reserve Center for reserve land management according to law, guarantee the smooth implementation of the land supply plan.
    Fault of their municipal land reserve Center staff have a significant impact and the economic loss, and hold those responsible accountable according to law.
    27th city land administrative departments, the municipal land reserve Center personnel who abuse their power or duties, solicit or illegally accepting other people's property, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    28th no intercept or appropriate or divert land reserves, in the use of land reserves in the process of breaking the rules, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles article 29th, gaochun County, Lishui land reserves can adopt these measures.
                                                                                              30th article this way come into force on February 1, 2007.