Idle Land In Changchun City Solutions

Original Language Title: 长春市闲置土地处置办法

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(April 17, 2004, Changchun Municipal People's Government at the 26th Executive meeting April 20, 2004, Changchun Municipal People's Government promulgated as of July 1, 2004, 9th) first for the rational and efficient use of land resources, ensure the idle land disposed of, in accordance with the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law and other relevant laws and regulations, combined with the city's actual, these measures are formulated. Second article this approach by said idle land, is refers to has following case one of of State-owned construction with to: (a) without approved with to of city, and County (City) Government agreed, over construction with to approved file provides of term or over land transfer contract agreed of term full a years not started development construction of; (ii) construction with to approved file not provides or land transfer contract not agreed started development date of, since construction with to approved file issued of day or land transfer contract entered into force of day up full a years not started development construction of
    And (iii) has started development but development and construction should commence development area with a total area of less than one-third or lack of investment in total investment 25% and has not been suspended with the approval of the development and construction of a continuous period of one year and (iv) other circumstances as stipulated by laws and regulations.
    Article within the administrative area of the city of idle land disposal procedures apply.
    Fourth of municipal land administration authorities are responsible for the disposal of idle land in the city.
    The County (City) Department of land administration in accordance with the duty is responsible for the disposal of idle land within their respective jurisdictions.
    Development planning, building, planning, supervision and other related administrative departments shall, in accordance with their respective responsibilities, the idle land according to law implementation supervision and management.
    Article fifth idle land less than two years, by the city and County (City) Department of land administration in conjunction with the construction Administrative Department to served on the period of the land use development notice of commencement, shall be ordered to pay idle land according to the prescribed standards of land use fees, and commenced construction within the deadline and announced to the public.
    Sixth article has provided procedures for non-agricultural construction land, allocated to acquire land for a year did not start construction, equivalent to three years prior to the land being used average output in two to four times times the cost of idle land.
    Seventh order to transfer land use rights, started more than agreed in the contract of transfer deadline a year did not start construction, equivalent to land gold 10% more than 20% of idle land.
    Article eighth idle land development and construction of two years did not start, by the city and County (City) land administrative departments reported to the approval authority for approval, you can free to recover land.
    Nineth article by approved expropriation of farmers collective all land and to allocated way made of construction with to idle full two years, and land using who has implementation land compensation placed or has completed housing demolition work, funds implementation, basic has starts conditions of; to transfer way made right of land idle full two years, land using who full paid to price of, by city, and County (City) Government approved can according to following way disposal: (a) again determine development construction time, deadline development construction, deadline not over a years;
    (B) changes in land use, registration procedures to continue development and construction.
    Tenth article for force majeure or Government and about sector of behavior or started development construction must of early work caused started development construction delay led to land idle of, land using who should timely to city, and County (City) land administrative competent sector declared, by finds not applies this approach sixth article, and seventh article and eighth article provides of, stay obstacles elimination Hou, land using who should in again determine of land development construction term within development construction. 11th of idle land recovery, city and County (City) land administrative departments shall, in accordance with the following procedures: (a) the filing, investigation and evidence collection, finding the facts, (ii) to society announcements, and (iii) informing the party concerned has the right to request a hearing.
    Party requirements hearing of, should held hearing; (four) to allocated way made land right of, reported original approved organ approved Hou, will recovered state-owned land right decided book served party, and told party has application administrative reconsideration and filed administrative litigation of right; to transfer way made land right of, reported original approved organ approved Hou, according to state-owned land right transfer contract agreed, law lifted contract; was recovered of land Shang has law established mortgage right of, should notification mortgage right people.
    (E) land registration cancelled, cancellation of land certificates. Article 12th recover unused land into government land bank.
    Re-sale business purposes should be taken when bidding or auction listing.
    After the 13th idle land disposed of, shall be registered in accordance with the relevant provisions of land use changes, re-issuance of land titles.
    14th Party not satisfied with the idle land disposal, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or bring an administrative suit.
    15th the land Administrative Department for dereliction of duty, abuse of power, favoritism and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
                                                                                                                              The 16th article of the rules take effect on July 1, 2004.

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