Ningxia Hui Autonomous Region, Land Banking Approach

Original Language Title: 宁夏回族自治区土地储备办法

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(April 28, 2003 consideration of the people's Government of Ningxia Hui autonomous region, the 7th Executive on May 12, 2003, the people's Government of Ningxia Hui autonomous region, the 56th released) first in order to strengthen the macro-control of land markets, optimize the allocation of land resources, according to the People's Republic of China land administration law and the People's Republic of China regulations for the implementation of the land management law and other provisions of laws and regulations, combined with this practice, these measures are formulated.
    Second land reserves in these measures refers to the people's Government above the county level will be back, purchase or expropriation land made for storage, for the development and construction of rational distribution of land resources.
    Article III land reserve activities in the administrative area of this autonomous region, you must comply with these measures.
    Fourth land reserves should follow uniform, orderly, and effective and rational principles.
    Fifth land administrative departments of the people's Governments above the county level shall be responsible for the administrative area of land reserve management.
    Finance, planning, urban planning, construction, real estate administrative departments shall, in accordance with their respective responsibilities, combined with the land administrative departments of land reserve management.
    Sixth following the land can be reserved: (a) land use defined in the General Plan of construction land in urban development, (ii) within the urban area of the inefficient use of land, idle land and (c) considered the people's Government above the county level should be reserved for other land. Seventh work of land reserve should be planned and carried out systematically.
    Annual plan by the relevant departments for land planning, finance, urban planning, construction, and other relevant departments according to comprehensive land use planning, socio-economic development plans, urban planning and land-use planning, and approval of the land Government approved of the right.
    Eighth article following land can through recovered for reserves: (a) for public interests need using of land; (ii) land transfer, paid using contract agreed of using term expires, land using who not application continued period or application continued period not was approved of land; (three) for units revoked, and migration or narrowed scale, reasons, stop using original allocated of State-owned land; (four) Highway, and railway, and airport, and mine, by law approved scrap of land;
    (E) over land commenced 2 years deadline stipulated in the contract did not start development or other go through examination and approval procedures of the State-owned building land is not used for 2 consecutive years (vi) for the implementation of urban planning for old town reconstruction, need to adjust the replacement land; (VII) laws, regulations, rules and regulations can be recovered by other land.
    Nineth article following land can through acquisition for reserves: (a) to transfer way made land right Hou, no capacity by contract agreed development and not has transfer, and rental conditions of; (ii) legal made land of right people to Government application acquisition of land; (three) bankruptcy Enterprise original allocated land; (four) legal, and regulations, and regulations provides other can acquisition of land.
    Tenth land use defined in the General Plan of urban development within the scope of collective land for construction purposes, and can be reserved through expropriation.
    Expropriation of rural collective land reserves, should be in accordance with the provisions of the Ningxia Hui autonomous region, the land management Ordinance approved and procedures and approval procedures.
    11th reserve the resumption of State-owned land shall be reported by the land administrative departments of people's Governments concerned by the original land Government or the approval authority for approval before implementation.
    Reserve the acquisition of State-owned land, land-purchase agreement or contract shall be signed, and ratified in accordance with the law rights and procedures has approval authority for approval.
    For less than the land transferring land and people the Government is entitled to preference.
    State-owned land to reserves approved by the law, shall apply for the original land use permit cancellation procedures.
    Article 12th under reserve land, early development work should be carried out, according to an annual plan for land supply and market demand, a reasonable amount determined.
    Reserve lands in front of the supply to the community, may, in accordance with the mortgage or rent; unspoiled farming conditions, can continue to cultivate.
    13th reserve land at the time of the supply, for commercial, tourism, entertainment and commercial and residential projects, such as the management of land, must sell it as tender, auction or listing.
    Of land for purposes other than those stipulated in the preceding paragraph to the announcement of the plan, two or more intent on the same plot of land, tender, auction or listing transferred should be used.
    Through bidding, auction or listing to sell reserve land shall be in accordance with the Ningxia Hui autonomous region, the State-owned land bidding, auction rules and regulations.
    14th reserve land transfer, lease and mortgage of such income shall, in full and turned over to the financial sector, the two lines of income and expenditure management; need to be used as working capital for land purchase and reserve shall be allocated by the financial sector.
    Land use management in operating income measures the Department of land administration in conjunction with the financial sector to develop.
    15th land reserve funding, financing can be obtained in the following ways: (a) the financial allocation, (ii) Bank loans and (iii) land reserves income and (iv) other means of financing. 16th where to buy State-owned land to a reserve, in accordance with the agreement or contract, to pay for the original state-owned land compensation, is not in accordance with the agreed payment of land compensation funds, the original land has the right to withhold delivery of the land, and you can request compensation according to law.
    For the implementation of a recovery and the acquisition and implementation of compensation, is not in accordance with the provisions or agreements made by the parties, the land administrative departments of people's Governments at above county level shall order deadline delivery and may request compensation according to law.
    17th in accordance with these regulations, land use rights are legally uncollectible, for violation of these rules, refused to return the land, the land administrative departments of people's Governments at above county level shall order return of land and basic farmland 10 Yuan to 30 yuan per square meter, farmland, forestland five Yuan to 20 Yuan per square meter, the other two to 10 yuan per square meter of land subject to a fine.
    18th article violation this approach provides, on in reserves land process in the, beyond approved permission, illegal approved occupied land or violation legal provides of program approved expropriation, and occupied land of, its approved file invalid, has handle land registration of, be cancellation, and law recovered land right; on ultra vires approved or illegal approved expropriation, and occupied land units of directly is responsible for of competent personnel and other responsibility personnel, law give administrative sanctions.
    19th article violates these rules, there are other violations, in accordance with the People's Republic of China land administration law and the People's Republic of China regulations on implementation of the land management law, the Ningxia Hui autonomous region, the land management Ordinance and the provisions of the land resources in Ningxia Hui autonomous region, monitoring methods shall be punished accordingly.
    20th of land administrative departments of the parties refuses to accept the decision on administrative penalty, may apply for administrative reconsideration or bring an administrative lawsuit fails to apply for administrative reconsideration or bring an administrative suit, nor performs the decision of administrative penalty, made the decision on administrative penalty land administrative departments of the people's Court for compulsory execution.
    21st the land Administrative Department for dereliction of duty, abuse of power, favoritism, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                                                                      22nd article of the rules take effect on July 1, 2003.