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Hubei Province Trial Measures For The Management Of Rural Collective Construction Land Use Right Transfer

Original Language Title: 湖北省农民集体所有建设用地使用权流转管理试行办法

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(Health Meeting of the Government of the Northern Province of Lake Great Lakes 30 October 2006 to consider the adoption of Decree No. 294 of 9 November 2006 of the Order of the People's Government of the Northern Lakes Province, which came into force on 1 January 2007)

Article 1 promotes rural industrialization, agro-industries and urbanization, in line with the relevant provisions of the State, the development of this approach, in line with the relevant provisions of the State.
Article II refers to collective land-use use as described in this approach, to villages consistent with overall land-use planning and urban planning, creativity, construction of townships, which are legitimate and well-established and collective building rights.
Collectively, the use of power flows is referred to as the transfer of collective land-based use rights, subject to collective land ownership. These include concessions, rental, transfer, transfer, mortgages, mortgages, crediting units and other consensual transfusions.
Article 3 builds on the transfer of rights in a collective manner and imposes the principles of legality, equality, voluntaryness and compensation.
This collective public facility, a public interest area and a farmer's statutory home base can be used without compensation for all construction sites.
Article IV. The use of power flows by collective construction must be consistent with the overall land-use planning and village town planning, and the urban planning area must be in line with urban planning.
Buildings that are not in line with the overall land-use planning scenario, other consignments shall not be rebuilt, modified, expanded, and collective land-use use rights may not be diverted.
Article 5 After collective capital transfers, its specific construction projects must be in line with the relevant national industrial policies and prohibit the use of collective building land for property development and residential construction.
The land administration authorities of the local people at the district level should strengthen the monitoring management of the ban, the construction of projects using collective land-building, and establish a regulatory regime for the use of land-based projects.
Article 6 states, for the public interest, shall be subject to collective landowners and collective land-building users in accordance with the actual circumstances of land development.
Article 7. Collective capital transfers (other than transfers, leases) are subject to the consent of more than two thirds of the villagers' meetings of members of this collective economic organization or more than two thirds of the villagers' representatives.
Prior to the collective construction of a transfer of rights to villagers or villagers' representatives, it should be made public of their modes of movement, proposed construction projects and their environmental impact, land-use, land-use transfer, land-use period and other information that the villagers need to know.
Article 8. When collective land-use transfers are constructed, landowners and users should enter into contracts. Its contracts should contain elements such as landowners, land-uses, swaps, land place, use, conditions of use, land revenues and payment, mutual rights obligations, land-use rights at the time of expiration and other disposal methods attached to the land, default liability.
Article 9. All persons who collectively build land shall determine their right to use in units or individuals, including by making concessions, rents, and shall, within 30 days of the award, rent contracts, apply by all persons and users of the collective building land to the land area, the authorities of the city's land administration, and submit the following material:
(i) All evidence of collective land or other land rights documents;
(ii) Building the approval of documentation;
(iii) Collectively constructed contracts for the use of the right to make and rent;
(iv) A certificate of consent of more than two thirds of the villagers' conference of the Collective Economic Organization, or more than two thirds of the villagers;
(v) Construction of project environmental impact evaluation documents.
Article 10. The maximum period of use of rights by collective construction shall not exceed the maximum period of time allowed for land use by the same State.
Article 11. Collectively constructed land concessions and rents should be traded in land-based or land-based spaces.
The use of collective construction projects for business, tourism, recreation, etc., should be based on national land-use ownership procedures, through tendering, auctions, wallcharts, etc.
Article 12 Collectively builds on prices and does not fall short of the local State-owned land established by the Government of the province's minimum price standards. There is no minimum standards to be determined in the light of the results of the customized valuation of the agricultural land or the national land price of the neighbouring area.
Article 13 Land-users should use land for contractually agreed purposes in accordance with the provisions of the municipal, district and local governments for approval or registration of documents and the collective building of land.
There is a need to change land use and land use conditions, with the consent of the landowners and the relevant land, planning administrative authorities, to report on the approval of the municipality of the land, the territorial Government, to enter into a collective land-use change agreement or to re-establish a contract for collective land-building.
Article 14. Collectively constructed land tenure limits agreed upon by the contract and land-use rights are not reimbursed by all landowners and are treated in accordance with collective construction. If the contract does not agree, it is to be addressed in the light of the State's right to land-use buildings and other consignments.
Article 15. All landowners and land-users shall be entitled to use the land use on a collective basis within 30 days of the expiry of the life-cycle period agreed upon by the contract, until the original registration authority conducts a land-use write-off registration.
Land-users require continued use of land and should apply for an extension period of six months prior to the expiration of the land-use period, to reorganize the collective building of the use of land by the provisions of this approach and to enter into contracts.
Article 16, when land-users transfer collective land-use rights in a transfer manner, collectively builds upon the rights obligations contained in contracts and registration documents. The land-use period is for the original land-use period to less the remainder of the period after which the original land-user has been used. The right to land shall not be transferred without the time and conditions provided for in the contract to invest in the development, use of the land.
After collective construction of rents, the lessor should continue to carry out the collective construction of a contract for paid use.
The transferee of land-use rights and the transferee shall communicate the transfer and transfer of the lease to all landowners.
The transfer, transfer and transfer of the parties shall, within 30 days of the signing of the contract, receive material such as the original collective land use certificate or other land rights certificate, the transfer of land-use rights (referred) contracts, and apply for the registration of land changes to the city of the land, the territorial Government land administration authorities.
Article 18 transfers of collective land free of charge should result in the award of benefits to all collective landowners, in accordance with the provisions of this approach.
Article 19 The farmer's home base, together with its local buildings under the law, may be transferred to a farmer who meets the conditions for the residence base in this collective economic organization, whose right to use is not transferred to units and individuals other than this collective economic organization. Rural villagers are transferred, rented homes or home bases and no new homes are approved.
Article 20 Users of collective building use as a security right in the form of mortgages in the form of collective capital, the collateral shall entrust the assessment body with the quality of the land assessment, with the payment of a licence or other power certificate, mortgage contract etc., to apply for the registration of mortgages to the city, the territorial Government's land administration authorities. When the debtor does not meet its obligations, the collateral owner has the right to build a collective right to use in accordance with the law.
The acquisition of collective land-use and ground-based buildings and other approximate ownership due to the disposition of mortgage property should be registered by the household. Removal of the proceeds of collective capital use and the mortgage-holders have priority.
The right to mortgage was disappeared for debt liquidation or for other reasons and should be cancelled.
Article 21 encourages the collation of rural collective land and the production of arable land in the form of arable land, which can be converted to land within urban areas for the implementation of overall land use planning.
The transfer of all collective farmland and unused land to the building of land is prohibited. There is a need to convert all collective farmland and unused land into the building of land, and the approval process must be conducted in accordance with the laws, regulations.
Article 2 provides for the use of concessions and transfers on a collective basis and shall declare prices to the land administration authorities and pay the relevant tax fees in accordance with the law. Collectively, transfers of rights have been added value, and their collection and use management approaches are implemented in accordance with the relevant national provisions.
Article 23. The proceeds of land achieved by collective landowners should be integrated into the integrated management of collective property in rural areas, with social security dedicated to members of this collective economic organization, living benefits for those placed, development of production, repayment of the collective debts of the village.
Collective economic organizations should be open to members of the collective economic organization and subject to oversight.
Article 24
The administrations such as agriculture, construction, audit, labour guarantees, civil affairs, environmental protection should be strengthened in accordance with their respective responsibilities in order to strengthen the guidance and oversight of the collective building of land flows by farmers and the use of benefits management.
Article 25 deals with collective agricultural land use and unused land-use change and displacement in violation of overall land-use planning, urban planning and village town planning, in accordance with relevant national legislation.
Article 26, in violation of this approach, provides that construction units are not reported by law on environmental impact evaluation documents for construction projects or have not been authorized to start-up work, to be addressed by the executive authorities of the environmental protection authorities competent to approve the environmental impact evaluation documents of the project, in accordance with the relevant national provisions.
Article 27 of the Land Administration authorities of the local people at the district level should strengthen the supervision of collective land-use transfer, carry out a diversion incompatible with the provisions of this approach, or have no right to order or redress directly.
Article 28 uses collective land for property development and residential construction, and the land administration authorities of the city, the commune and the commune governments should be responsible for changing the situation and rejecting the return of land.
Article 29, in violation of this approach, provides that collective land-use flows are not subject to open transactions, and that more than communal land administration authorities may not register their land-use rights or register their rights.
Article 33 was piloted effective 1 January 2007.