Advanced Search

Interim Measures On The State Land Purchase And Reserve In Jinan City

Original Language Title: 济南市国有土地收购储备暂行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Summit No. 205 of 28 April 2003 by the Government of the Overseas Territories)

Chapter I General
Article 1 aims to strengthen land market management, to maximize land resources and to rationalize land use, and to develop this approach in the light of the provisions of the Law on Land Management of the People's Republic of China, the Law on Land Management of the People's Republic of China, the Law on Land Management of the People's Republic of China.
Article 2
Article 3. The acquisition of land reserves, under the leadership of the municipal government, is headed by the competent authorities of the city's Land Resources Administration, which entrusts the implementation of the municipal land acquisition reserve centre (hereinafter referred to as the reserve centre).
Sectors such as urban plans, construction, planning, finance, demolition and housekeeping are responsible for the acquisition of land reserves.
Article IV. The National Land Resources Administration authorities should prepare annual land acquisition plans in line with basic capital investment plans, urban planning, land-use plans, etc., with the planning, construction, planning and financial sectors, with the approval of the municipal people.
Chapter II Land acquisition
Article 5: The following land is acquired by the reserve centre:
(i) The construction of land required for public goods and urban infrastructure;
(ii) The implementation of urban planning or rehabilitation of the old urban areas requires the adaptation of land;
(iii) Lands left behind because they are unable to continue to develop and do not have the conditions of transfer;
(iv) Landowner's application for the acquisition of land;
(v) Other areas requiring acquisition.
Article 6. The acquisition of land by the Reserve Centre is carried out according to the following procedures:
(i) The publication of a notice of land acquisition;
(ii) The application for land acquisition;
(iii) Land acquisition approval documents apply to the urban planning sector for planning conditions (including planning indicators such as land use, land use, density of buildings, congestion rate, green land rate);
(iv) To notify the acquisition of land-use rights holders of the declaration of the acquisition of land-use rights and land-based (construction) rights;
(v) Survey and review of the rights, rights, etc. of the proposed acquisition of land and its surface construction (construction) and entrust the assessment body with the qualifications of the land and housing assessment to undertake real estate price assessments;
(vi) A land acquisition contract with the acquisition of landowners;
(vii) The process of registration of original land-use rights and construction (construction) property rights after approval by the Government.
Article 7. Land acquisition contracts should include the following main elements:
(i) The name of the acquisition of the land-use owner, the address of the statutory representative, the place of the land, four to scope, grade, area, use and territorial construction (construction) and the right to property;
(ii) Modalities and means of implementation of land acquisition compensation;
(iii) Terms and modalities for the delivery of land;
(iv) The rights obligations agreed by the parties;
(v) Liability for default;
(vi) Treatment of disputes;
(vii) Other relevant matters.
Article 8. The acquisition of land-use rights shall provide the following information:
(i) The declaration of the right to land use and to establish (b) a declaration of rights in the field;
(ii) Accreditation of legal representatives;
(iii) Land-use evidence or land titling certificates;
(iv) The establishment of (construction) a legal certificate of rights;
(v) Land file;
(vi) The status of the use of the goods in the land and in the land (disputably, collateral, lease, etc.);
(vii) Other submissions.
Article 9. Land acquisitions may be carried out by monetary compensation for direct purchases, the separation of land proceeds into pre-removal purchases and land replacements.
Article 10. The acquisition of land allocated and the planning of land for operating land shall be used to divide the proceeds of land into pre-removable acquisition. The acquisition of land does not cover the cost of land and the construction of the ground (construction) and is pending the Government's deduction of the relevant costs such as land collation in the total price of the land, which is divided by 6.4 percentages with the Government.
In addition to the transfer of land acquisitions other than the previous paragraph, currency compensation should be procured directly, which is based on the current value of 50 per cent of the original land-use assessment price and the construction of (construction) stock assessment prices.
Article 11. The acquisition of land involves compensation for urban dwellers' properties, which is governed by the relevant provisions of the relocation management of homes in the city of Zanzinan, and land is no longer compensated.
Article 12. The acquisition of land shall be reimbursed in accordance with the actual circumstances of the land remaining years of land use and the exploitation of land.
Article 13 uses land replacement methods for the acquisition of land, and after the acquisition of land, the original landowner may close the land price with the reserve centre and process land-use procedures directly in accordance with the relevant provisions.
Article 14. The acquisition of land relates to the need for demolitions of homes and their subsidiarys, and the application by the reserve centre to the relevant management for the processing of home demolition orders and the harmonization of the relocation indemnity.
Article 15. The acquisition is planned for municipal infrastructure (green, roads, squares, public facilities, etc.) and the storage centre may introduce the acquisition and the acquisition costs are charged by the financial sector from the next year's land proceeds or by new land users.
Article 16 University of the abandoned railway within the area of the acquisition of the land and its subsidiaries are paid to the owner in accordance with their disability compensation.
Article 17 Transfers of land-use rights granted by land-use rights, which are more than 20 per cent of the price of a transfer price than is determined, are subject to priority acquisition by the reserve centre. The authorities of the city's resources administration do not change registration procedures for refusing to purchase.
Article 18 is disputed by the acquisition of land and the right to build on the ground, which is settled by the acquisition of land-use rights in consultation with the negotiators, and prior to the lack of agreement, the reserve centre may purchase the land before the agreement has been reached, with the right to compensation for the disputed portion, which may be deposited with the bank and otherwise compensated after the dispute is settled.
Chapter III Land reserves
Article 19 Recovered (purchased) land is integrated by the Reserve Centre into the Government's land reserve and reserves. One of the following cases is the direct reserve of the Reserve Centre:
(i) Land without specific landowners;
(ii) Land confiscated by law;
(iii) Unless land recovered by law;
(iv) The original transfer of land that has been discontinued through approval of closed roads, railways, airports, etc.;
(v) To stop the use of land allocated for the reasons of bankruptcy, withdrawal, relocation;
(vi) The time period for the acquisition of land-use rights in a way that has expired without the application for an extension or the application of an unauthorized land;
(vii) Other land requiring direct reserves.
Article 20 uses collective land as a result of urban construction needs, which is configured by the Government of the city, and the reserve centre is maintained.
The land reserve in Article 21, prior to its location, should be completed by the reserve centre for the pre-removal of the original construction (construction) construction of the ground, and the development of a collation process.
The land reserve in Article 2 may be rented, mortgaged or temporarily modified by law by virtue of the law, prior to the land for which the reserve is stored.
Article 23 provides regular social announcements to land entering the Government's land reserve bank, after the development of the collation, the authorities of the city's resources should place them, land area, planning purposes, etc.
Article 24 should be chosen and supplied from the Government's land reserve bank, in addition to the provisions of laws, regulations and regulations.
Article 25
(i) Bank loans;
(ii) The proceeds of land;
(iii) Other sources of funding.
Article 26 Funds for land acquisition reserves could not be diverted only for the purposes of the acquisition of land costs, acquisition compensation for land-use rights, pre-development collation fees for land reserves, and management fees for the acquisition of land.
Chapter IV Legal responsibility
Article 27, which is in line with the acquisition of reserve conditions, is subject to the unauthorized transfer of land-use rights and land-based construction (construction) by landowners, which is subject to the provisions of relevant laws, regulations and regulations, such as the People's Republic of China Land Management Act.
Article 28 has been included in land in the context of the land acquisition reserve plan, and since the date of the approval of the announcement by the land acquisition reserve plan, the land-use-owner should maintain the status of land and land-based (construction) construction, and the sector concerned may not reproduce the clearance process for planning, construction and etc.
Article 29 of the acquisition of land-use rights holders has not been delivered by this method and by the State Land-Use Recovery (Acquisition) contract, or in the delivery of land, the reserve centre has the right to require the acquisition of landowners to be converted to and continue to perform the contract and to perform the contract, to assume legal responsibility and to compensate for economic losses.
In the course of land acquisitions, the acquisition of land-use holders did not provide the necessary information and land-use status or provide false information to the land acquisition reserve for losses resulting from the relocation and compensation of economic losses by the municipal land resource administration authorities.
Article 31 provides administrative treatment to the State and to the collective loss, which constitutes an offence and is criminalized by law.
Chapter V
The acquisition of land reserves in all counties (markets) in Article 32 may be implemented in the light of this approach.
Article 33 of this approach was implemented effective 28 May 2003.