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Procedures Of Shanghai Municipality On Land Reserve

Original Language Title: 上海市土地储备办法

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(Adopted by the 41st ordinary meeting of the Government of the Shanghai City on 7 June 2004 No. 25 of 9 June 2004 by the Order No. 25 of the People's Government of the Shanghai City on 1 August 2004)

Article 1
In order to strengthen the Government's control over land markets, urban planning is being implemented in order to deepen land-use system reform, which is based on the provisions of the People's Republic of China Land Management Act, the People's Republic of China Urban Property Management Act and the State Department's notification of strengthening the management of State land assets.
Article 2
The land reserves in the city's administration area apply.
Article 3 (Definition)
The land reserves referred to in this approach refer to land reserves entrusted by the municipality, the district (zone) government to the land reserve agency, which is based on the overall land-use planning, urban planning and land reserve plans, and to the confiscation, recovery, acquisition or recuperation of land under the law, and to the storage of settlements, house demolition indemnity or necessary basic construction, in accordance with land supply plans.
Article IV (Management)
The municipal land management leadership team is responsible for the review of the approval of the current municipal land reserve plan to coordinate key issues in land reserves.
The Urban Housing Resources Authority (hereinafter referred to as the Urban Housing Resources Authority) is responsible for the management of the management of the organization and implementation of the land reserve plan in this city; and the management of the land management in the area (zone) is responsible for the day-to-day monitoring of the implementation of the land reserve plan in this administrative area.
Managements such as urban and district (zone) investment, planning, land and construction perform the relevant clearance functions of the land reserve project, as required by this approach.
Article 5
The Urban Land Reserve Centre, established by the Municipal Government, implements land reserves within the area of the city, is responsible for the development of pre-stops in the reserve area and for pre-planned preparations for the storage area.
The Governments of the various districts (the district) have established a land reserve body to carry out land reserves within the region.
Other specialized agencies can implement land reserves within specific regions, with the approval of the municipality.
Article 6
The following land should be included in the scope of land reserves:
(i) Beaching has been reclaimed into land and has received qualified land;
(ii) It is proposed to be converted to the original State agricultural land in the area of operation;
(iii) It is proposed to redirect the allocation of State land for operating land;
(iv) All of the land of the original rural population, which is to be used by law;
(v) Land management recoveries of land by law;
(vi) Other national lands requiring reserves for the implementation of urban planning.
Article 7.
The lands listed in Article 6 subparagraphs (i), (ii), (vi) of this approach are reserved by the Urban Land Reserve Centre; and other listed lands are co-posed by the Urban Land Reserve Centre and the location (zone) land reserve institutions.
The specialized agencies approved by the municipal authorities are implementing land reserves within the regional contexts specified in the relevant approval documents.
Article 8 (Reservations plan)
The land reserve plan of the city should be coordinated with national economic and social development plans and be aligned with the land-use annual plan and the land supply plan for the coming year.
The Urban Housing Resources Authority shall organize the next annual land reserve plan in the fourth quarter of each year with the relevant departments such as the Urban Development Reform Commission, which shall be released after approval by the municipal land management leadership team.
Article 9
Land reserves should be established within the framework of the land reserve plan and can handle pre-development procedures for reserve plots to investment authorities.
After the approval of the first development poles of the reserve area, land reserve agencies can approve documentation to the planning, land management for the construction of land-based planning permits and the building of land. Of these, the reserve area involves the transfer of agricultural land or the recruitment of all land collectively owned by rural land, which is sent by land management to the construction of land use and expropriation procedures in accordance with the statutory procedures.
The construction of a land-based planning licence and the construction of a user-friendly approval document should contain matters such as the location, scope and scope of the reserve.
Article 10
Land reserves relate to house demolitions, the recruitment of all land belongings in rural areas, and shall, in accordance with the relevant provisions of the State and the city, process such procedures as house demolition permits, expropriation compensating programme approval and, in accordance with the standards, modalities and procedures established.
The Land Reserve Agency's implementation of the acquisition reserve for national land that has been transferred to the business unit should be negotiated with the unit to determine the price of compensation and conclude the acquisition of the reserve agreement, in accordance with the benchmarking in the city and in conjunction with the land market.
Article 11
The reserve area has approved control module planning or control detailed planning, and land reserve institutions can be removed by completing the plots of buildings, constructions and other apprentices, as approved by investment, planning, construction and management, in accordance with planning requirements.
Prior to the prior development approval of the reserve plot, the approved control module planning or control detailed planning has been planned, and the investment, planning management should approve the capitalization of the reserve area in conjunction with the approval of the development of the previous period and the establishment of the capital planning licence.
Article 12
The Land Reserve Agency has reclaimed the beached into land and has been able to obtain a land registration agreement with the relevant entrepreneurship units, or has access to a reserve area for the approval of the document and the dismantling of the building, construction and other accompanying items on the ground, may apply to the Urban Reserve Resources Authority for the registration of land and receive the property rights of land reserves.
The property rights of the land reserve should be recovered by the City Housing Resources Authority when the land reserve is delivered.
Article 13
As approved by the planning management, land reserves can be used on a temporary basis during land reserves.
The temporary use of the reserve area shall not affect the city's constituency environment, nor shall permanent buildings, constructions and other approximates be constructed.
Municipal and district (zone) land reserve institutions shall not be part of the operation other than the temporary use of reserve land.
Article 14.
The Urban Housing Resources Authority should establish a system of statistical data on land reserves.
Land reserves should be sent to the Urban Premier Resources Authority on a quarterly basis, on the basis of information such as size, number, whereabouts, acquisition of compensation, basic construction and temporary utilization.
Article 15
Land reserves should be prepared for the first time of the land storage area, as required by the land supply plan.
Removal work on the reserve area will be carried out by municipal or district (zone) land administrations with management and land reserves such as investment, planning, etc., in accordance with the relevant provisions of the market's right to solicitation and the LULUCF annual plan.
Article 16 (Financing management)
In the amount of the royalties generated by the reserve plot, it is part of the land tenure grant, paid by the transferee to the land administration; part of the pre-land development costs, to be paid by the transferee to the land reserve institution and to include specific funds for land reserves after deduction of the cost and management costs of land reserves.
The establishment, use and management of specific funds for land reserves is provided by the Municipal Finance Bureau with the Municipal Housing Resources Authority.
Article 17
Municipal and district (zone) land management should regularly check the implementation of the current municipal land reserve plan.
The financial, auditing sector should conduct regular verification and auditing of the cost of land reserves and the financial situation of land reserves, and the results of the audit should be presented to the municipal land management leadership team.
Article 18
The misappropriation, bribery, misappropriation of public funds or the use of authority to self- and others, constitute criminal responsibility under the law, which has not yet been a crime, and administrative disposition by law.
Article 19
The specific application of this approach is explained by the Urban Housing Resources Authority.
Article 20
This approach has been implemented effective 1 August 2004.