Idle Land In Fuzhou Solution

Original Language Title: 福州市闲置土地处置办法

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(March 16, 2004 at the Fuzhou City people's Government 9th Executive session on April 11, 2004 30th Fuzhou people's Government promulgated as of May 20, 2004) first to handle idle land, optimized allocation of land resources, improve the efficiency of land use, in accordance with the People's Republic of China land management law, the People's Republic of China real estate management law, the idle land disposal measures, the Fujian Provincial people's Government of several comments on the disposal of idle land
    Provisions and regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article in this city gulou, taijiang, cangshan district, Jinan district, Mawei district and langqi economic zone-wide disposal of idle land, these measures shall apply.
    Vacant land in these measures refers to land users, after obtaining the land use right according to law, without consent of the original people of the land Government, exceeding the prescribed period did not start to develop land.
    Third idle land owned by Fuzhou municipal Bureau of land and resources is responsible for the identification, organization management.
    Municipal Bureau of land and resources shall establish idle land identification, account statistics and disposal system of inspection, supervision and tracking use of idle land, regularly to report disposition of city people's Government. Fourth article has following case one of of, can finds for idle land: (a) to transfer way made land right, over transfer contract agreed or construction with to instruments of ratification (or original construction with to license) provides of started development term full one years to started development of; (ii) to transfer way made land right, transfer contract not agreed or construction with to instruments of ratification (or original construction with to license) not provides started development date of, Since transfer contract entered into force of day or issued construction with to instruments of ratification (or original construction with to license) of day up full one years not started development of; (three) to allocated way made land right, over State-owned land allocated decided book (or construction with to instruments of ratification, and original construction with to license) provides of started development term full one years not started of; (four) has started development construction, but has development construction of land area accounted for should started development total area insufficient one-third,
    Or investment amount, the total amount (excluding leasing) is less than 25%, and been approved by the municipal people's Government suspended development of a continuous period of one year; (e) other circumstances as stipulated by laws, rules and regulations.
    Transfer provisions of the contract or approved documents developed in phases, referred to in the preceding paragraph shall commence development area, the total investment amount is determined according to the approved range of stages of development.
    Fifth, one of the following circumstances, not identified as vacant land: (a) unable to develop due to force majeure, (ii) the plan adjustments related to changes in land planning and construction of the specification cannot be developed and (iii) other acts of Government or relevant government departments could not be developed.
    For Qian paragraph provides caused land suspended development of case excluded Hou, land using who has continues to development intention and capacity of, by City Government approved, allows extended not over two years of development construction term, extended period since approved extended of day up calculation; caused land suspended development of case excluded Hou, over approved extended term or without approved over original provides term, still not started development of, should finds for idle land. Article sixth of transfer methods make use of idle land, you can choose to dispose of in the following ways: (a) to start development and construction time.
    Approved extension of the construction period may not exceed one year, and extended periods of idle land fees charged in accordance with this approach. (B) municipal agreement to withdraw.
    After staying idle land and to transfer or allotment, in accordance with the agreement provided for users of the land compensation.
    (Iii) land-users have to pay part of paid use of land or land acquisition costs, in accordance with the requirements of urban planning cases, according to the actual amount of contribution payable is prorated to determine land to land users, the rest of the municipal people's Government to recover. (D) municipal arrangements for temporary use (such as public parking lots, temporary green), after the original project development and construction conditions, approved for development again; the temporary use of land value by the municipal people's Government, a charge the premium; the temporary use of land revenue, under municipal ownership, land for temporary use period be extended.
    Municipal Government during the temporary use of vacant land, and users of the land are exempt from idle land.
    (E) in line with the requirements of urban planning, allow change of land use planning and construction specifications or adjust, after change of land use planning and construction specifications or adjust the premium, the premium will not be refunded.
    Article seventh allocated to make use of idle land, article sixth of this approach can be (a) to (c) be disposed of in the manner prescribed. Eighth article is following case one of of, and non-government and the Government sector reasons or force majeure caused land idle of, by City Government free recovered: (a) to transfer way made land right, over transfer contract agreed or construction with to instruments of ratification (or original construction with to license) provides of started development term full two years not started development of; (ii) to transfer way made land right, transfer contract not agreed or construction with to instruments of ratification (or original construction with to license) not provides started development date of, Since transfer contract entered into force of day or issued construction with to instruments of ratification (or original construction with to license) of day up full two years not started development of; (three) to allocated way made land right, over State-owned land allocated decided book (or construction with to instruments of ratification, and original construction with to license) provides of started development term full two years not started of; (four) is by City Government approved extended development construction period, but extended expires Hou still not started development construction of; (five) violation land using contract or
    State-owned land use right grant contract agreement, legally free to recover, (vi) other circumstances provided for in laws, rules and regulations. Nineth dispose of idle lands, in accordance with the following procedures shall be followed: (a) provided by the municipal Bureau of land and resources requires land use land-related files and information and instructions.
    Land users should report truthfully to the municipal land resources Bureau in writing of idle land area, time, unused items and related information such as cause, and are under investigation.
    (B) the municipal land and resources Bureau of land use of idle land, idle land found that notice will issued to land users, idle lands recognized, request a hearing of the parties, shall hold a hearing.
    (C) the land user shall, on receipt of the idle land within one month from the date on which the notice of determination in accordance with the present article sixth and seventh article, idle land disposal application to municipal Bureau of land and resources. (D) the disposal of municipal Bureau of land and resources to review land-use applications, developing idle land disposal programmes.
    Idle land is established according to law on mortgage, the municipal Bureau of land and resources in the development of idle land disposal programme shall notify and consult the mortgagee views on disposal of land-use applications, and treated in accordance with national laws and regulations.
    (E) municipal Bureau of land and resources development of idle land disposal programmes, reported to the municipal people's Government for approval, implemented by the municipal Bureau of land and resources in conjunction with the departments concerned.
    Tenth Article land using who not by this approach eighth article great (three) items provides of term proposed idle land disposal application, or by proposed of disposal application not meet this approach seventh article, and eighth article provides of, by city land resources Council proposed recovered land right of recommends or by this approach sixth article, and seventh article provides developed disposal programme, reported by City Government approved Hou, with about sector organization implementation. 11th municipal Bureau of land and resources identified as vacant land, the land user shall pay a fee for idle land.
    Idle land according to identify idle land land land 10% of standard accounting.
    Municipal land and resources Bureau is responsible for the accounting and collection of land idle, when written notice to vacant land use fees, shall be ordered to land users started development on schedule.
    Land users refused to pay fees for unused land, municipal Bureau of land and resources apply to a court for mandatory enforcement according to law, and terminate the implementation of original idle land disposal programme, until the free take back land. 12th recovered or agreement to recover the land use right according to law, the municipal land resources Bureau reported to the municipal people's Government for approval, make a written decision on the resumption of idle land, and served on the parties concerned, and shall inform the parties have the right to apply for administrative reconsideration or bring an administrative suit.
    Repossessed land has been mortgaged in accordance with law, shall notify the mortgagee, and dispose of according to relevant laws and regulations. Resumption of idle lands after the entry into force of the decision, the municipal Bureau of land and resources shall immediately terminate the assignment of land contract or cancellation of approval documents, cancellation of land registration and land-use permits, and in the manner of announcement publicity.
    Take back ownership of the land by the municipal people's Government according to law reserves.
    Party fails to fulfil the resumption of idle land is to be in force, the municipal Bureau of land and resources apply to a court for mandatory enforcement according to law.
    13th Protocol recovery of compensate of idle land, land resources Bureau written notice to users, providing access to land price paid by voucher and used to develop the actual breakdown of land, together with the City Department of finance approval, determining the amount of compensation and compensation methods.
    14th article disposal law free recovered of idle land, proceeds payments in by following order followed by settlement paid Hou, has balance of, full surrendered city level financial: (a) paid disposal idle land process in the occurred of delegate assessment, and tender auction tone trading or agreement transfer, items work costs; (ii) original land using who not paid of land compensation, and demolition placed costs and not paid clear of land transfer gold; (three) original to allocated way made right of idle land disposal Hou should pay of land transfer gold;
    (D) the idle land mortgage, payment of the balance, after the first three, the settlement of the claim of the mortgagee. 15th during the idle land, land resources in the City Council does not accept an application for the land use of construction land; the large amount of idle real estate development enterprises, limiting their participation in the auctions and new projects.

    16th municipal finance from idle land value increment and idle land in fee income proportion of operating expenses, for use in related expenses to dispose of idle land.
    17th article in each County (City) dispose of idle lands may refer to these measures.
                                                                                                        18th article this way come into force on May 20, 2004.