, Nanning City, The State-Owned Idle Land Disposal Methods

Original Language Title: 南宁市国有闲置土地处置办法

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(November 22, 2006, Nanning city, the people's Government of the 3rd Executive meeting November 30, 2006 by Nanning Government released 1th come into force on January 1, 2007) Chapter I General provisions article for the State-owned idle land according to law and improve land use efficiency, according to the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law and the provisions of relevant laws and regulations, based on actual city, these measures are formulated.
    Article within the administrative area of the city-owned vacant land (hereinafter vacant land) identification and disposal procedures apply.
    Article city and county governments are responsible for the disposal of idle lands in their jurisdiction.
    City and county administrative departments in charge of land vacant land identification and disposal of specific work, and monitor concrete implementation by the land.
    Development and reform, construction, planning and administrative departments do the idle land disposal related work in accordance with their respective responsibilities.
    Fourth of municipal and county administrative departments should identify idle land within their respective jurisdictions, ownership, size, and so on, establish idle land parcel records, track land use.
    Article fifth failing to dispose of idle land land units or individuals, the land administrative departments do not handle idle land land use right certificate renewal, not for the rest of the unit or individual applications of construction land.
    Chapter II determination of idle land article sixth of idle land in land units.
    Seventh article has started development construction conditions and meet following case one of of cases to, finds for idle land: (a) without original approved for to of people Government agreed, over State-owned land using contract agreed or construction with to approved file provides of started development date not started development construction of; (ii) State-owned land using contract not agreed or construction with to approved file not provides started development date, since State-owned land using contract entered into force or construction with to approved file issued of day up full one years not started development construction of;
    (C) has started the development and construction of land development and construction should start with a total area of less than one-third, or investment in total investment is less than one-fourth and has not been suspended with the approval of development and construction for more than a year in a row, and (iv) laws, rules and regulations of idle land under other circumstances.
    Eighth State-owned land-use contracts or approved documents developed in stages of construction land, idle land area approved by the phased development of range.
    Nineth started is due to start the preliminary work necessary to develop construction delays, or because of force majeure, the relevant departments of the Government or its cause idle land, after reviewing the case, not included in the land during the period of idle time.
    Land units or individuals should hold in the circumstances set forth in the preceding paragraph after the 20th correlation proof material to apply to the Department of land administration, the Department of land administration to redefine the start and completion of the term.
    Tenth article for Government or its about sector reasons caused land idle of case including: (a) with to units or personal application reported built, planning administration sector for planning adjustment suspended accepted reported built caused land idle of, but with to units or personal reported built Shi land idle has full two years of except; (ii) State-owned land transfer contract agreed Government built based facilities, but Government not by agreed completed built, led project not has started development construction conditions of;
    (Three) due to Government or other about sector of reasons caused same plots Shang of ownership registration overlap or ownership not clear, led with to units or personal cannot started development construction of; (four) Government or other about sector, and judicial organ not law timely perform related duties caused started development delay of; (five) for national policy major adjustment caused started development construction delay of; (six) for Government or other about sector of other reasons caused land idle of.
    11th land administrative departments may adopt the following measures to develop idle land survey work: (a) ask units or individuals, as well as other relevant entities and persons, (ii) implementing measures of site survey, photos, video and other evidence, (c) consult and copy surveyed land units or individuals of the related approval documents, land rights documents and related information.
    Surveyed land units or individuals shall be made in respect of the utilization of the land description, as required to provide land, land use and land rights and other related evidence and materials. 12th article land administrative competent sector finds idle land by following program for: (a) filed; (ii) survey Forensics; (three) written told with to units or personal intends finds idle land of facts, and reason, and according to and requirements hearing of right; (four) heard statement and defence; (five) finds for idle land of, made idle land finds book; (six) idle land finds book since made of day up seven a days within served with to units or personal, while cc land mortgage right people, and
    The judiciary and the Executive.
    Land units or individuals according to the provisions of the preceding paragraph to request a hearing shall, within five working days as of receipt of the written application in writing, the land administrative departments within 20 working days from the date of receipt of the application hearing.
    13th article idle land finds book should contains Ming following matters: (a) with to units or personal of name (or name), and address; (ii) idle land of location, and area; (three) idle land of facts and idle time, and finds idle land of according to; (four) can select of idle land disposal way; (five) land idle fee of starting time, and charged according to and standard; (six) relief way.
    14th chapter of idle land disposal of State-owned land-use contract land idle, idle land land unit or individual shall pay idle land according to the agreed fee.
    15th State land use contract no agreed standards of idle land, land administrative departments by 10 per square metre per year for commercial real estate development, general land per square metre per year 6-10, industrial and infrastructure using standard land idle 2-10 yuan per square meter per year.
    Idle land fees levied by the month, idle during less than one month, calculated per one month.
    Various types of land no more than the cumulative total amount of idle land land use right transfer of 20%.
    16th section land unit or individual fails to pay a fee for unused land from the late date of day should pay the land idle 3% of the total fee is counted as late fees.
    Article 17th of idle land disposal include: (a) the extended development time and (ii) approved a change of land use to continue development; (c) the Government reserve (iv) according to law, to recover and (e) provisions of other laws, rules and regulations. Article 18th a unit or individual can be since the date of receiving the certificate of idle lands in the 20th, according to the provisions of the certificate of alternative disposal methods to the land administrative departments of idle land disposal of an application made in writing, and submit the following materials: (a) the application for extension development time shall submit the development plan, proof of funds and other related information.
    Extension of time not longer than one year, extended periods of land units or individuals shall be paid in accordance with the regulations of the land idle.
    (B) in accordance with urban planning requirements of applications for change of land use, it shall require the submission of the corresponding proof of funds and materials.
    (C) to reserve units or individuals to apply for the Government, according to city and County land bank regulations.
    To apply for idle land disposal units or individuals, without affecting the city and county governments legally collected unused land.
    Article 19th land administrative departments receiving the land unit or individual solution within 15 working days from the date of the application, based on the principle of maximum utilization of land resources, combined with land disposal units or individuals to apply for, developing the idle land disposal programme for approval for the approval of Governments.
    Idle land disposal programme approved and implemented by the Department of land administration organizations.
    20th vacant land with a mortgage or by judicial organs, administrative agencies seize land rights, land administrative departments shall notify the relevant mortgagee, judicial and administrative authorities involved in the elaboration of idle land disposal programme.
    Land units or individuals to the mortgagee, judiciary and administrative agencies and other interested parties of the draft agreement on idle land disposal, land administrative departments for examination and approval after agreement leather case together with proposed idle land disposal programme for approval by the people's Government.
    Article 21st land idle for two years (including by units or individuals not approved of the idle land disposal programme and land idle for two years), city and county governments, according to law, to recover unused land. 22nd, according to law, resumption of idle land, land Administrative Department in accordance with the following procedures: (a) the filing, and a notice of investigation in writing to land units or individuals, (ii) evidence, (c) notify the land idle land to be resumed decisions of the entity or individual facts, reasons, basis as well as the right to request a hearing.
    Idle land has mortgage right or was seized of, also should notification related mortgage right people and judicial organ, and administrative organ; (four) heard statement and defence; (five) meet statutory of free recovered conditions of, land administrative competent sector reported by original approved for to of Government approved Hou, made recovered state-owned land right decided book; (six) recovered state-owned land right decided book since made of day up seven a days within served with to units or personal, while cc related land mortgage right people and judicial organ, and administrative organ; (G) the revocation of the certificate of approval of land for construction or termination of State-owned land-use contracts and cancellation of land registration and land certificates and notify the development and reform, planning, construction and other files related to approval revoked by the Department and to society announcements.

    Land units or individuals according to the provisions of the preceding paragraph to request a hearing may, within five working days as of receipt of the written application in writing, the land administrative departments shall, within 20 working days is holding a hearing.
    Article 23rd written decision on the resumption of State-owned land use right shall contain the following particulars: (a) the name of the entity or individual (or name), address, (ii) position of the idle land, area, (iii) the fact that unused land, according to the resumption of State-owned land use right decision made; (d) the remedy.
    Article 24th land units and individuals refusing to hand over idle land being resumed, the land administrative departments shall order it returned to land in ten business days, and fined a maximum of 10 Yuan and 30 yuan per square meter.
    25th article disposal law free recovered of idle land, proceeds payments by following order followed by settlement paid Hou, has balance of, full surrendered city, and County financial: (a) disposal idle land process in the occurred of delegate assessment and tender, and auction, and tone trading or agreement transfer, items work costs; (ii) original land using who not paid of land compensation, and demolition placed costs and not paid clear of land transfer gold; (three) original to allocated way made right of idle land disposal Hou should pay of land transfer gold.
    The fourth chapter by-laws article 26th about the meaning of the term in this way: "start with development and construction conditions" means the monomer has been the implementation of Foundation construction for housing construction projects and other construction projects have been implemented through water, power, roads and ground leveling engineering. "Started development construction" is refers to has received construction license, and entry construction of; "should started development construction total area" is refers to with to units or personal in accordance with State-owned land right transfer contract of agreed and planning design conditions, should in provides time within completed development construction of land area; "development construction of total area" is refers to "should started development construction total area" in the with to units or personal has for actual investment development construction of land area; "total investment"
    Refers to units or individuals directly into the total amount of funds for land development and construction, not including the costs of obtaining the land; "investment" refers to units or individuals have put total funds for land development and construction.
                                                                                            27th article this way come into force on January 1, 2007.

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