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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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(Adopted at the 17th ordinary meeting of the People's Government of Anguégué, on 11 October 2004, No. 177 of the Order of the People's Government of Anguégué, dated 21 October 2004, which was published as from 1 December 2004)

Article 1 provides for the regulation of State land reserves, the strengthening of land market resilience, the strengthening of State land asset management, and the development of this approach in line with the relevant laws, regulations and regulations.
Article 2 refers to the State's land reserves referred to in this approach to the storage of State land by the Government of the above-mentioned local population, including through the legal recovery, acquisition, collection and collection of land, for the purpose of securing the provision of land to society.
Article 3. This approach applies to national land reserves within the territorial administration.
Article IV. The territorial resource administration authorities of the Government of the Territory, above, are responsible for the management of national land reserves in the current administration area, with the specific implementation of national land reserves by the land reserve agencies.
Article 5
In accordance with their respective responsibilities, the executive authorities, such as the development reform, finance, construction and urban planning of the local people's Government, have been working with the National Land Resources Authority.
National land reserves should be developed. The annual reserve plan, which is approved by the Government of the current people, will be implemented in conjunction with the relevant authorities on the basis of the overall land-use planning, overall urban planning and local socio-economic development needs.
Article 7: The following State land shall be reserved through the non-reimbursable recovery:
(i) The right to land use expires on the expiration of the contract and the land-use holder did not apply for the duration of the extension or for the State-owned land that was not approved;
(ii) Separate State lands to be recovered by law;
(iii) To stop the use of State-owned land allocated for reasons such as relocation, dissolution, withdrawal and insolvency;
(iv) Lands in other countries that have been approved for discharge of roads, railways, airports, mines;
(v) Other national land that should be recovered without compensation under the law, regulations and regulations.
Article 8. The following State land shall be stored through a reimbursable recovery:
(i) State land that is required for public interest;
(ii) State-owned land required for the rehabilitation of old urban areas for the implementation of urban planning;
(iii) State allocation of land for reasons such as enterprise conversion and industrial restructuring;
(iv) Collective land converted to land by law by farming;
(v) Other national land that should be recovered by law, legislation and regulations.
Article 9. The following State lands are stored through the means of acquisition:
(i) Access to land-use rights in a way that allows land users to apply to State-owned land acquired by the Government;
(ii) Declare that land transfer prices are more than 20 per cent lower than the targeted land;
(iii) Other State lands that may be acquired by law.
Article 10. Collective land within urban areas identified in the overall land-use planning can be stored by law.
Article 11. The State's land shall be subject to the following procedures:
(i) Develop programmes. The land reserve body should develop a national land-use recovery programme. Of these, the transfer of land-use rights in a reimbursable manner should be determined in the light of the local land-relevant compensation criteria; the recovery of land-use rights in a reimbursable manner and the amount of compensation based on the use of land tenure and land development; and the recovery of land-use rights under article 8, paragraph 4, of this approach in a reimbursable manner, in accordance with the land-recovery criteria. The National Land Recovery Programme concerned provincial units, which should be reported to the provincial authorities of the territorial Government.
(ii) Programme clearance. Land reserve institutions should relocate the local authorities of the Government of the Land Resources of the National People's Government (community) over the National Land Resources Recovery Programme; the Land Resources Administration shall hold hearings and review the recovery programme in accordance with the observations of the hearings.
(iii) Approval. The approved national land-use rights recovery programme was approved by the territorial Government authorities of the communes (communes) above.
(iv) Land-use recovery notice. The Land Resources Administration authorities of the local people (communes) above shall, in accordance with the approval of the Government of the people with the authorization, give land-use rights recovery notices to land-use holders.
(v) Reimbursement. In a reimbursable manner, land reserve agencies should pay the compensation cost in full to the original land-use owner or enter into a land-use compensation agreement with the original land-use owner within 30 days of the notice of land-use recovery.
(vi) Write-off registration. In the event of a non-reimbursable recovery of the right to land use, the territorial authorities of the local people (market) above shall, in conjunction with a notification of land-use recovery, process the registration of land-use rights, write-off of land-use certificates; reclaim the right to land use in a reimbursable manner, the land-use resource administration authorities of the local people (community) above shall, in the land reserve body, pay the full cost of compensation to the land-use holder or enter into a land-use-use compensation agreement with the original owner, process for the write-off of land-use certificates.
Article 12. The right of land-use persons to apply for the acquisition of State land-use rights shall be governed by the following procedures:
(i) A proposal for acquisition. Land-use rights apply for government acquisitions, and information should be made available to land reserve agencies.
(ii) The right to verification. The Land Reserve Agency conducts field investigations into the territorial resource administration of the local people (communes), land area, scope, use and territorial integrity, area, etc., of the land titling authority for the acquisition of the acquisition.
(iii) Price determination. In consultation with land-use rights holders, the Land Reserve Agency commissioned an assessment of land-use power prices for requisitioning, and consulted on the assessment of prices for land-use acquisition.
(iv) Programme delivery. The Land Reserve Agency has developed a land acquisition programme, which is approved by the executive authorities of the Land Resources of the Government of the above-mentioned local population.
(v) Contracting. Following the approval of the acquisition programme, land reserve agencies entered into national land-use acquisition contracts with land-use rights holders.
(vi) The acquisition costs are paid. The land reserve agency pays land acquisition costs to the land-use-rights owner in accordance with the amount, duration and manner agreed by the State-owned acquisition contract.
(vii) Write-off registration. Within 15 days of receipt of a targeted payment of land acquisitions or of an agreed cost, the land-use rights write-off registration process should be applied by law; the late non-application of applications; and the Land Resources Administration of the local people (market) above, upon the consent of the Government of the people at the current level, the land-use registration process shall be governed by the law and the release of land-use certificates.
More than 20 per cent of the declared land-use transfer price is lower than the target area, with the consent of the territorial Government authorities of the local people (market) above, the acquisition by the land reserve body in accordance with the declared price by law and the processing of the registration of land-use rights in accordance with the provisions of paragraph 7 above.
Article 13 quantifies the storage of State land by way of levying, and the reserve process is governed by the provisions of the relevant land management laws, regulations and regulations.
Article 14. The following State land shall be reserved by the Government of the Provincial People by law:
(i) National land used by central presence units, provincial direct units in accordance with the law;
(ii) State-owned land in the municipality of the establishment.
The top-level people's Government's land resources administration authorities should report to the Government of the lower-level people's land-use land-use land without legally recovering land, which should be recovered by law after approval by the Government of the current people.
Article 15. The funds required for the storage of State land may be raised through financial allocations, mortgages for the storage of State land.
More than 20 per cent of the land proceeds should be allocated to the local people's governments in the counties (markets) for land reserves.
State-owned land funds should be included in the management of the Principality of Finance and be supervised by the financial and auditing authorities.
Article 16 provides for State-owned land for reserves, and the urban planning authorities of the above-mentioned local government shall prepare, in accordance with the overall urban planning, detailed control planning in a timely manner, and propose planning requirements for specific plots;
Article 17 During the land reserve, with the approval of the urban planning administrative authorities, the land reserve agency could temporarily use the reserve plot and its proceeds should be vested in the same-level finance.
The temporary use of reserves by land reserves institutions shall not affect the urban environment and the construction of permanent buildings, constructions and other facilities.
Article 18 Land Reserves should be prepared for the first time of the reserve plot, as required by the land supply plan.
The Land Resources Administration should establish a national land reserve information system. Each quarter of the land reserve body should report information on land resources administrative authorities, such as the size, number, place, price, base construction, temporary utilization, etc., of the size of the State's land reserve information at the level of the Government's land resource administration.
Article 20, through the recovery, acquisition of State land reserves, the land reserve agency shall pay compensation to the original land-use owner or payment of the purchase price in accordance with the agreement; the non-payment of compensation payments under the law or the non-payment of the acquisition costs in accordance with the agreement, shall not cancel land-use registration and the right of the original owner to refuse the delivery of the land.
Article 21 provides for the recovery, acquisition and storage of State land by means of storage, involving buildings, construction, etc., for all persons or users of the land to be compensated by law in accordance with the provisions relating to the demolition of the urban homes, but the amount of compensation shall be deducted from land-use claims that are not required by law or which have been compensated; buildings, construction agents or users are not compensated for.
Article 22, staff of the Land Resources Administration, in the context of national land reserves, play a role in negligence, abuse of authority, provocative fraud, are subject to administrative disposition by law, which constitutes an offence and are criminally prosecuted by law.
The temporary use of reserve plots by land reserves institutions does not take advantage of the same-level finances, which are vested in the financial sector to correct them; administrative disposition by law to the competent and other direct responsibilities that are directly responsible; and criminal accountability by law.
Article 23 of this approach is implemented effective 1 December 2004.