Key Benefits:
(Adopted at the 26th ordinary meeting of the Government of the People's Republic of Lunger on 17 April 2004, No. 9 of the Order of the People's Government of 20 April 2004, effective 1 July 2004) Article 1 establishes this approach in the light of the relevant laws, regulations and regulations, such as the People's Republic of China Land Management Act, the People's Republic of China's Urban Property Management Act, in order to ensure that land is disposed of by law for the purpose of rational and efficient use of land resources. Article 2 (i) The Government of the people of the city, district (community) without the approval of the use of land, agreed that the time frame for the construction of the documents was exceeded or that the time period for the contract was exceeded for the construction of an unmoval worker for one year; (ii) The construction of a land approval document that does not provide for or leaves the contract without an agreed date for the development of a passive worker, which has been constructed by the date on which the document was issued or by land from the date of entry into force of the contract; (iii) The area in which movable work has been developed but the development of construction has accounted for less than one third of the total area of movable work development or an investment that accounts for less than 25 per cent of total investment and has not been authorized to suspend the development of a year; (iv) Other cases provided for by law, regulations. Article III applies to the disposal of landless land within the city's administration. Article IV Land administration authorities are responsible for the disposal of land in the city. The land administration authorities in the district (market) are responsible for the disposal of landless land within the jurisdiction. The executive authorities, such as development plans, construction, planning, inspection, should implement monitoring and management of landless land in accordance with their respective responsibilities. Article 5. Lands are left behind for two years, and land administration authorities in municipalities, districts (markets) are sent to land-users with the construction of administrative authorities in order to pay land-use residues in accordance with the prescribed standards and to build the development of work within the time limit, and to make social announcements. Article 6. Non-agricultural construction of arable land has been carried out in order to obtain land use in a manner that exceeds one year of unmovable work development, leveraging the leasing of land equivalent to two to four times the average of the land occupied in the previous three years. Article 7. Access to land-use rights in a way that exceeds the period for the development of movable workers under the contract agreement to be constructed for a period of one year without movable industrial development, levying the land-use right of more than 20 per cent of the ten-year term. Article 8. Lands have been built for two years without work development, with the approval of the original approval authority, by the municipal, district (market) land administration authorities, which can recover land rights without compensation. Article 9. Farmers who have been authorized to use the right to use in a way that has been able to do so for a period of two years and that land-users have implemented expropriation or have completed home demolitions, funds have been implemented and have basic access to work conditions; land in a way that has acquired the right to use is left for two years and landowners have paid their full capitals, and the Government of the city, district (commune) has approved that it can be disposed of according to the following: (i) Reconfirmation of the development time frame for the development of a period not exceeding one year; (ii) Removal of land use by law, and the related process continues to be developed. Article 10, as a result of force majeure or actions by the Government and its relevant departments or the work-development-building needs, has resulted in delays in the development of movable work, which should be declared by land users in a timely manner to the municipal, district (commune) land administration authorities, and, when it is determined that this approach is not applicable under the provisions of Articles 6, 7 and 8 of this approach, land-users should be developed within the time frame of re-defined land development. Article 11. Removal of land shall be carried out in accordance with the following procedures: (i) A case to investigate evidence and determine the facts; (ii) Problem to society; (iii) To inform the parties of the right to require hearing. The parties require hearings and should hold hearings; (iv) To obtain the right to land use in a manner that is allocated and, with the approval of the former approval authority, to bring the “recovery of State land-use decisions” to the parties and to inform the parties of the right to apply for administrative review and to initiate administrative proceedings; In order to obtain the right to land use in a way that is granted by the original approval authority, the contract shall be dismissed by law, in accordance with the agreement of the State-owned land use authority; The right to mortgage has been established by law on the land recovered and shall be communicated to the mortgagee. (v) Write-off of land registration and write-off of land certificates. Article 12 Removal of the place of business should be made in the form of tendering auctions or walls. Article 13. Removal of land shall be re-issued in accordance with the relevant provisions for the registration of land changes. Article 14. The parties may apply for administrative review or administrative proceedings in accordance with the provisions of the National People's Republic of China Administrative Review Act and the People's Republic of China Administrative Procedure Act. Article 15. Staff of the Land Administration perform negligence, abuse of authority, provocative fraud, constitute criminal liability under the law; they do not constitute an offence and are subject to administrative disposition by law. Article 16 is implemented effective 1 July 2004. |
