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Interim Measures On Construction Land, In Anhui Province, Replacement

Original Language Title: 安徽省建设用地置换暂行办法

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(The 40th ordinary meeting of the People's Government of Ankara, held on 25 August 2006, considered the adoption of the Decree No. 193 of 30 August 2006 of the People's Government Order No. 193 of 30 August 2006 for publication, effective 1 October 2006)

Article 1 provides for the regulation of land-use change, optimization of land-use structures, improved land-use levels, promotion of economic and social sustainable development, and the development of this approach in the light of the actual practice of the province.
Article 2, which refers to the construction of land-use-based land-use land-use-based land-use land-use-based land-use-based land-use-based land-use-based land-use-based land-use-based land-use-based land-use-based land-use-based land-use-based land-use-based land-use-based land-use land-based land-use land-based planning, is an act of adaptation to the construction of land-uses (hereinafter referred to as agricultural land).
Article 3 builds on the principle of voluntary, legitimate and remunerated land rights and effectively protects the legitimate rights of land rights.
The construction of land for all land involving farmers' collective land should be agreed by more than 2/3 members of the villagers' conference of members of the Collective Economic Organization or by more than 2/3 villagers, with the consent of the land-use rights owner.
Article IV Post-replaced land use should be used in the same manner as the original building area and in line with overall land-use planning, urban overall planning, village and urban planning.
Article 5 builds land with agricultural land and uses beyond pre-removal construction area, which is to be reclaimed by the applicant; the number and quality of the reclaimed land shall not be lower than the quantity and quality of the land.
The application for reclaimers is not conditional upon reclaiming and, in the course of the process of construction of the approval process, the payment of land reclaims should be made in accordance with the relevant provisions, with the responsibility of the territorial resource administration authorities to organize reclaims; and the reclaim of units with reclaim conditions. Reclaimed contracts should be signed.
Article 6
Article 7. When building the ground, the parties should agree that the construction of a land-use agreement should be concluded by consensus; that the consultation is incomplete and that the applicant may apply for coordination between the authorities of the Government of the Territory's land resources, and that coordination remains unanimous and cannot be replaced.
The construction of a land-use change agreement should include the following key elements:
(i) The name or name and residence of the party;
(ii) The right, place and area of land replacement;
(iii) The original use and replacement of land;
(iv) Reimbursement on land prices and on land;
(v) Ways and means of relocation;
(vi) Views on changes in the right to consent;
(vii) Terms and modalities for implementation;
(viii) Liability for default;
(ix) Methods to resolve disputes.
Article 8
(i) Construction of an application form;
(ii) Building ground-based agreements;
(iii) Land-use status maps, mapping of border reports and mapping;
(iv) Access to legal documents on the building of land or land rights certificates.
In addition to the submission of the relevant materials under the preceding paragraph, construction land rights certificates and land reclaim programmes for all farmers collectively, and land-recovery programmes in land-use areas; reclaims should also be provided.
The construction of land has involved the collective land of farmers, and the application of the replacement party should provide evidence of the consent of the villagers' conference or villagers and land-use rights.
Article 9 In line with the provisions of this approach, the preparation of land replacement programmes is based on the following provisions:
(i) Changes between State-building and the collective construction of land between farmers are approved by the municipal, district and local governments;
(ii) The replacement between the building of land and the land of the agricultural land and the approval by the Government of the people with the right to approval by the agricultural land;
(iii) The replacement between the State's land and the collective land of the farmers is approved by the Government.
Article 10, after approval of agricultural land transfer, has not been carried out for reasons such as urban planning adjustments, the status quo remains a land for agricultural land and has to be replaced with other farmland land, with the preparation of land-based programmes and land-removal programmes by the territorial authorities of the Government of the communes of more than communes and the implementation of the provincial people's approval.
In accordance with the provisions of the previous paragraph, the construction of land has been replaced with the approval of supplementary cropland programmes for agricultural land.
Article 11. The organ responsible for the review shall complete and reproduce the organ responsible for approval within 20 days, after receipt of the submissions, and the organ responsible for the approval shall, within 20 days of receipt of the material, decide upon approval or approval. No decision could be taken within 20 days and, with the approval of the head of the organ, 10 days could be extended.
Article 12. The construction of land shall take place within one year from the date of the construction of the land for approval of the documents to be delivered, shall be replaced by the construction of a land rights certificate and related materials to the administrative authorities of the city, the people of the district, and shall receive post-removal land certificates, subject to approval by the municipal, district and local governments.
Article 13 builds land with agricultural land and, upon approval, no other agricultural land is transferred; the replacement land does not take over the annual agricultural land transfer targets and will no longer pay the arsenal of the cropland, the new construction of land-use resused land, the water-building fund and the occupancy tax; the construction of land for land reclaimed land.
Article 14. Construction of land and land use shall be carried out by the authorities of the city, the Land Resources Administration of the Government of the Republic of the Republic of the Republic of the Congo, after the date of approval, to reclaim the land area within two years.
Article 15. The administrative authorities of the city, the people of the district shall establish a land-use change management desk to document the construction of pre- and post-removal place, area, area, implementation, etc., make specific statistics on the replacement of land and changes in land use maps and land-use databases in a timely manner, including changes in the current year.
Article 16 provides for the construction of land and the replacement of agricultural land, which has not been reclaimed within the prescribed time period or that, according to the provisions of article 76 of the People's Republic of China Land Management Act, has been processed in accordance with article 75 of the People's Republic of China Land Management Act and has taken into account the market, the next annual agricultural land transfer plan target of the city, the district, and the serious circumstances, the freezing of its agricultural land transfer authorization.
Article 17 builds upon the approval of the ground and has not been replaced for a period of one year, with the deadline for the administrative authorities responsible for the land resources of the Government of more than the veterans of the district, which has not been completed and the approval of the document is automatically invalid.
Article 18 is not approved or used to deceive the approval of the use of the construction of land and is governed by article 76 of the People's Republic of China Land Management Act.
Article 19 is not competent to authorize the construction of ground replacements, the extension of authority or the approval of replacements for buildings that do not meet the conditions of replacement, the invalidity of the approval of the document, the administrative disposition of the directly responsible supervisors and other direct responsibilities, in accordance with the law, and the criminal liability of the law.
The illegal approval of the replacement area and the loss of the parties should be borne by law.
Article 20 provides for the construction of land to cover forestland and shall be in compliance with the relevant provisions of the Regulations on the Protection of Lands in the Ablem Province.
Article 21, this approach is implemented effective 1 October 2006.