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Nanjing Municipality On Land Reserve Way

Original Language Title: 南京市土地储备办法

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(Adopted by the Standing Committee of the People's Government of South Kyoto on 25 December 2006 No. 253 of 29 December 2006 of the Decree No. 253 of 29 December 2006 No. 253 of 29 December 2006 for publication of implementation effective 1 February 2007)

Chapter I General
Article 1 enhances the management of State land assets, enhances the Government's macro-controlled capacity in the land market, promotes the optimization of land resources, and develops this approach in line with the provisions of the Law on Land Management of the People's Republic of China, the Land Reserve Scheme of the Province of San Suu.
Article 2
Article 3 of this approach refers to land reserves, which are approved by the municipal authorities, to obtain, on behalf of the Government, the right to national land use, including the Government's land reserve bank and the conduct of land collation, and to the creation of supply-building land.
Article IV. The Urban Land Resources Authority is the administrative authority for land reserves throughout the city, and the Urban Land Reserve Centre is responsible for the specific implementation of land reserves.
The relevant sectors such as development and reform, economic, planning, housing, construction, finance, prices, and the territorial governments of the land reserve should be aligned with the land reserve in accordance with their respective responsibilities.
Article 5
The specific land reserve project for units such as national qualifications, transportation, urban construction groups and orbital traffic approved by the municipality must be integrated into the management of the municipal land reserve centre.
Article 6
The city's administrative authorities should develop annual land reserve plans based on the planning of land reserves, land supply plans and market demand.
The land reserve planning and the annual land reserve plan are implemented with the approval of the municipal government.
Chapter II Land reserves
Article 7. The following State land shall be included in land reserves:
(i) The Government has recovered by law;
(ii) The Government recovers after compensation under the law;
(iii) Government acquisition by means of acquisition;
(iv) Other requirements for reserves.
Article 8. Land recovered by the Government by law includes:
(i) The length of use of contractual agreements, such as land concessions, has not been applied by land users for the duration of the extension or for land not approved for the duration of the extension period;
(ii) The discontinuation of the use of State-owned land for reasons such as withdrawal, relocation;
(iii) Removal sites such as roads, railways, airports, mines, etc., authorized;
(iv) Separate land recovered by law;
(v) Land that is recovered by law after the identification of land violations;
(vi) Other land that should be recovered by law.
Article 9. The land recovered by the Government after compensation under the law includes:
(i) Land to be used for public interest;
(ii) Restructuring the old urban areas for the implementation of urban planning and the need to adapt the land used;
(iii) Removal of the remaining land of the Group;
(iv) Other land that should be recovered after compensation by law.
The land acquired by the Government of Article 10 includes:
(i) For the adaptation of urban planning, non-operational land, including industrial land, warehousing logistics sites, etc., is converted into commercial, residential, office, hotel and other business-used land;
(ii) To apply for the acquisition of land based on landowners;
(iii) The Government exercises priority acquisitions in land-use transfer;
(iv) The need for the acquisition of land by State enterprises;
(v) Other areas requiring acquisition.
Article 11 Implementation of land reserves and the Urban Land Reserve Centre shall be governed by the following procedures:
(i) To conduct field investigations and verification of the relevant circumstances to be compensated for the recovery or acquisition of land, to determine the costs of land and land buildings, the value of the goods and the removal, resettlement, etc.;
(ii) Develop programmes to compensate for the recovery or acquisition of land;
(iii) Processing of relevant procedures to government authorities such as investment, planning;
(iv) The letter of approval of the territorial reserve using the relevant procedures;
(v) A procurement contract or process of recovery with the original land users;
(vi) The registration of land changes and the integration of land reserve reserves. Changes in property should be registered with the construction of buildings on land reserve land and the accompanying items are not included in the range of evictions.
Article 12. The acquisition of land shall be compensated in accordance with the following provisions:
(i) Reimbursement for the actual inputs of the land on the basis of the remaining length of use of land and land users;
(ii) With regard to the relocation of urban homes, compensation is provided in accordance with the provisions relating to the demolition of urban homes;
(iii) The Government shall exercise priority to buy the land purchased by the right to purchase, pay compensation in accordance with the land transfer declaration price;
(iv) Other remedies identified by the Government.
Article 13. Land-use-rights applications for land acquisition should provide the following documents:
(i) Applications for land acquisition;
(ii) The qualification of land-use rights;
(iii) Land-use claims;
(iv) Housing ownership certificates;
(v) Other certified documents to be submitted.
Chapter III Management of reserve land
Article 14. The Urban Land Reserve Centre should establish a reserve land file and abundance, rigorously implement a reserve land credit system and carry out dynamic management.
The city's administrative authorities should establish a management information system for land reserves across the city and share resources with the relevant sectors.
Article 15 City Land Reserve Centres can be constructed in accordance with the law over the pre-removal development and construction of land reserves, including infrastructure.
Article 16 calls for the relocation of land in the arsenal and the processing of relocation permits by law.
Article 17 The municipal land reserve centre can be used provisionally by law for the reserve land.
The right to land can be taken into account by giving the land to mortgage by law.
The supply of land reserves is carried out by the municipal administration authorities. The Land Reserve Centre should prepare for the first time of land delivery, as required by the Land Supply Plan.
Reserves should be delivered in principle.
Article 19 lands for various types of business projects, such as commerce, tourism, recreation and commodity homes, should be granted by law, tendering, wallcharts.
Article 20, when the land reserve is delivered, shall be recovered from the reserve land and its land-based buildings and the accompanying property rights certificate.
Article 21 Use and management of land reserve funds is implemented in accordance with the relevant provisions of the State and the province.
Chapter IV Legal responsibility
Article 2 does not provide for the payment of the cost of land acquisition compensation by the Urban Land Reserve Centre, which has the right of the land-use owner to lift the land acquisition contract in accordance with the law.
Article 23 of the original landowner does not deliver land and land buildings, consignments or, in the delivery of the land, have been able to handle the building on the ground, attach the material, and the municipal land reserve centre has the right to require its time-bound changes, to compensate for the corresponding economic losses and to continue the implementation of the land acquisition contract.
Article 24 allows for the occupation and disposal of reserve land, which is dealt with by the authorities of the city's land, in accordance with illegal land.
Article 25 Administrative authorities of the city should effectively perform the management oversight functions of the reserve land. Due to the lack of regulation, there are serious consequences that are held accountable by law to the responsible person.
Article 26 The Urban Land Reserve Centre is governed by law by the land reserve and guarantees the smooth implementation of the land supply plan. The responsibilities of the responsible person are held in accordance with the law, owing to the mismanagement of the municipal land reserve centre staff.
Article 27 Administrative authorities of the city, members of the municipal land reserve centre misuse their functions or take advantage of their functions, request or unlawful receipt of the property of other persons and give administrative treatment under the law; constitute offences and hold criminal responsibility under the law.
Article 28 prohibits the exclusion, exclusion and misappropriation of land reserves funds, and provides administrative disposal in violation of provisions in the use of land reserve funds by law; constitutes criminal liability under the law.
Chapter V
Article 29 may be implemented in the light of this approach by means of a land reserve for the behest, the tiny.
Article 33