State-Owned Land, In Anhui Province, Approaches

Original Language Title: 安徽省国有土地储备办法

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(October 11, 2004, Anhui provincial people's Government, the 17th Executive meeting on October 21, 2004, 177th promulgated by the people's Government of Anhui Province as of December 1, 2004) the first to standardize the State-owned land, enhance regulation of the land market, strengthen the management of State-owned land assets in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    State-owned land in these measures in article, refers to the counties (cities) is imposed by the local people's Governments at or above recovered through law, acquisitions, etc, storage of State-owned land, for supply to the public lands Act.
    Article these measures applicable to state-owned land within the administrative area of the province.
    Fourth District (City) land and resources administrative departments of local people's Governments at or above shall be responsible for the management of State-owned land within the administrative area, land reserves of its State-owned land Bank agency-specific implementation.
    Article fifth County (City) of local people's Governments at or above on State-owned land's leadership should be strengthened, solve the major problems of the State-owned land.
    The County (City) of development and reform, the people's Government at or above the financial, construction, urban planning administrative departments according to their respective duties, cooperate with departments of land and resources administration of State-owned land bank. Sixth annual plan of the State-owned land should be developed.
    Annual plan the Department of land and resources administration, in conjunction with relevant departments of general land use planning, urban planning and local social and economic development needs, the people's Governments at the corresponding level for approval.
    Seventh article following State-owned land, through free recovered way reserves: (a) land right transfer contract period expires, land using who not application continued period or application continued period not was approved of State-owned land; (ii) law should recovered of idle state-owned land; (three) for units migration, and dissolved, and revoked, and bankruptcy, reasons, stop using original allocated of State-owned land; (four) by approved scrap of highway, and railway, and airport, and mine, State-owned land; (five) other by legal, and regulations provides should free recovered of State-owned land.
    Eighth article following State-owned land, through paid recovered way reserves: (a) for public interests need using of State-owned land; (ii) for implementation city planning for old city transformation need using of State-owned land; (three) for enterprise restructuring, and industry structure adjustment, reasons adjustment out of State-owned allocated land; (four) collective land for non-agriculture law to state-owned of land; (five) other by legal, and regulations provides should paid recovered of State-owned land.
    Nineth following State-owned land, through the acquisition of stocks: (I) to transfer land use rights, land applied for State-owned land acquired by the Government; (b) the Declaration of transfer of land prices are lower than the calibration land 20% of the State-owned land and (iii) other acquisitions of State-owned land in accordance with law.
    Tenth land use defined in the General Plan of land within the city shall be collected by way of reserves. 11th to recover reserves of State-owned land should be guided by the following procedure: (a) programming. To recover reserves of State-owned land, land banking institutions should develop State-owned land use right-back programme. Among them, paid to recover the allocated land-use right of, shall be referred to the local land compensation standards, determine the compensation amount paid to recover land, according to the duration of land use and land development conditions, compensation amount paid recovered eighth fourth land under these measures, in accordance with the compensation standard of land, compensation amount.
    Reserve back programme involving the provincial units of State-owned land, the programme should be determined by the provincial administration of land and resources department. (Ii) programme review.
    Land reserve institution State-owned land use right-back programme should be reported to the County (City) land and resources administrative departments of local people's Governments at or above; departments of land and resources administration after receiving the recovery programme, shall hold a hearing, according to hearing comments on recovery programmes can be audited. (C) approval.
    Examination and approval of State-owned land use right-back programme, by County (City) land and resources administrative departments of local people's Governments at or above the law have the right of approval of the people's Government. (D) land tenure repossession notices.
    The County (City) land and resources administrative departments of local people's Governments at or above should be based on the approval of the people's Government has the right to approve decisions, to notify the assigned land to recover the land. (E) the payment of compensation.
    With paid recovered land, land reserve institution since land repossession notices should be issued in the 30th after, will reimburse the fee paid to the original land or land compensation agreements with the original land. (F) cancellation of registration. To free way recovered land right of, County (City) above place Government land resources administrative competent sector should in issued land right recovered notification of while, handle land right cancellation registration procedures, cancellation land right certificate; to paid way recovered land right of, County (City) above place Government land resources administrative competent sector should in land reserves institutions will compensation costs full paid to original land right people or and original land right people signed land right compensation agreement Hou,
    Apply for land registration, cancellation of land use right certificate. 12th people apply for Government to buy State-owned land use right of land shall follow the following procedures: (a) the acquisition is proposed.
    People applying for Government acquisitions of land, shall take the relevant information to apply to the land reserve institution. (B) ownership verification.
    Land banking mechanism for applications for acquisition of ownership of land, area, four to scope, area of use and ownership of buildings and structures on the ground, to conduct field investigations, and report to the district (City) land and resources administrative departments of local people's Governments at or above the audit. (C) prices.
    Land reserve institution entrusted with consultations with the land land evaluation assessment agency acquisitions of land price assessment, and the evaluation price, negotiated land purchase price. (D) the programme for approval.
    Land banking institutions to develop the land acquisition scheme, counties (cities), land and resources administrative departments of local people's Governments at or above the approval. (E) the contract is signed.
    Approval of the acquisition, land reserve institution State-owned land use right acquisition contract with the land. (F) the purchase price paid.
    Land reserves in accordance with the State-owned land use right acquisition contract amount, duration and modalities of the land cover land acquisition costs. (G) cancellation of registration.
    Land receiving land purchase and deposit or fee as stipulated in the 15th, he shall apply for registration of land; fails to apply, by County (City) land and resources administrative departments reported to the local people's Governments at or above the level after the Government agreed, in accordance with the law of land registration, cancellation of land use right certificate.
    Declaration of transfer of land prices lower than the calibration land 20% above, by County (City) land and resources administrative departments of local people's Governments at or above the level people's Governments agreed, legally acquired by the land reserve institution in accordance with the declared value, and according to the provisions of the seventh item of the preceding paragraph, apply for registration of land.
    Article 13th collection reserves of State-owned land, reserves procedure shall be handled in accordance with the relevant laws and regulations on land management.
    14th the following State-owned land, by provincial law to reserve: (a) the central authorities in Anhui Province, the provincial units use State-owned land in accordance with law, (ii) State-owned land across the city divided into districts.
    Superior administrative departments of land and resources under the lower level people's governments failing to recover the land vacant land, it should be reported to the people's Governments at the corresponding level for approval in accordance with law to recover, as the level's reserve land.
    15th reserve funding for State-owned land through financial grants, reserves of State-owned land, such as mortgages, financing.
    The County (City) above local people's Governments shall set aside not less than 20% of the revenue from land, land development, land reserves.
    Reserve management of State-owned land resources should be integrated into financial accounts, and accept supervision by the financial and audit of administrative departments.
    16th State-owned land to reserves, County (City) competent administrative departments of local people's Governments at or above the town planning should be based on urban master planning, timely preparation of controlled detailed planning and the specific requirements of block planning and design of; people's Governments at the State of the land and resources administrative departments should reserve land location, size, purpose, plan and design requirements, and announced to the public on a regular basis.
    17th during the land reserve, approved by the Administrative Department for urban planning, land banking institutions can temporarily use of reserve land, the proceeds should be turned over to financial.
    Provisional use of reserve land for the land reserve institution shall not affect the environment and the construction of permanent buildings, structures, and other facilities.
    18th land reserve institution shall, in accordance with the plan for land supply requirements of reserve land for the preparatory work. 19th State-owned land should be established by the Administrative Department of land and resources information system.
    Land Bank agency quarterly reserves of State-owned land should be size, quantity, location, price, infrastructure and information such as the temporary use of land and resources administrative departments; departments of land and resources administration on State-owned land should be timely information level people's Government departments of land and resources administration. Article 20th through a reverse takeover stocks of State-owned land, the land reserve institution shall pay compensation to the original land gold or their agreement to pay acquisition costs; failing to pay compensation or does not cover the cost of the acquisition as agreed, no cancellation of land registration, the original land has the right to withhold delivery of the land.

    Article 21st approved the resumption of State-owned land, acquisition reserves, relating to buildings and structures on the ground, for all of its people or use shall, in accordance with relevant regulations of the urban house demolition compensation according to law, but the amount of compensation shall be deducted in accordance with law without compensation or compensation of the price of land-use rights; all of buildings, structures or the user is not entitled to compensation, may not recover the land.
    22nd article departments of land and resources administration staff in the administration of State-owned land, dereliction of duty, abuse of authority or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Agencies temporary use of reserve land is not land reserve will use the proceeds to pay the same level of financial, ordered by the financial sector correction; for persons who are directly in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                                                      23rd these measures shall come into force on December 1, 2004.

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