Key Benefits:
(Prelease No. 10 of the People's Government Order No. 10 of 19 May 2003) Article 1 enhances the management of State land assets, enhances the Government's macro-controlled capacity in the land market, promotes the optimization of land resources, and develops this approach in line with the provisions of the Law on Land Management of the People's Republic of China, the People's Republic of China Urban Planning Act, the Land Management Regulations of the River Province. Article 2 refers to land reserves referred to in this approach, which means that the land administration authorities of the city, the land administration authorities of the communes, on behalf of the Government, will be stored by the State in accordance with the law for the provision of all types of land to society. Article 3. Land administration authorities at the local level are responsible for the management of land reserves in the present administration. The Land Administration authorities of the Municipal Government should establish land reserves institutions that specifically implement land reserves. The Land Administration authorities of the People's Government may establish land reserve institutions, as required, for specific implementation of land reserves. Article IV. Land administration authorities at the local level should develop annual plans for land reserves in accordance with the overall land-use planning, urban planning and the realities of the land market in the region, as well as the approval of the Government of the same people. Article 5: The following State land may be included in the reserve by virtue of the non-recoverable recovery or by legal compensation: (i) The length of use of contractual agreements, such as land concessions, has not been applied by land users for the duration of the extension or for land not approved for the duration of the extension period; (ii) The discontinuation of the use of State-owned land for reasons such as withdrawal, relocation; (iii) Removal sites such as roads, railways, airports, mines, etc., authorized; (iv) Separate land recovered by law; (v) Land that is recovered by law after the identification of land violations; (vi) Land to be used for public interest; (vii) Restructuring of the old urban areas for the implementation of urban planning and the need to adjust the land used; (viii) Other land recovered by law. The following State land may be included in the reserves by acquisition: (i) The land-use transfer declaration price of more than 20 per cent below the target level, with priority being given to the Government; (ii) The land that was not developed in accordance with the contract agreement within the statutory period after the right to land was obtained in a way that would otherwise be obtained; (iii) The landowner's application for the Government's acquisition of land; (iv) Land acquired by the Government in implementing urban planning directives; (v) Other land acquired by law. Article 7. Land administration authorities may entrust land reserve agencies with verification of the land to be purchased and will conduct cost measurements with the relevant sectors, propose acquisition programmes, report on the approval of the same-ranking people's Government, and authorize land reserve institutions to enter into a acquisition agreement with the original landowner. In accordance with article 5 (vi), (vii) of this approach, land administration authorities may, in the light of the preceding paragraph, authorize land reserves to enter into compensating agreements with former land-use holders. Article 8. Land reserves institutions can develop land-equals and infrastructure packages for reserve land. Article 9. Conservation of land and its land is attached to temporary rents, which may be used on a temporary basis after approval by the law. The right to land use can be guaranteed by law. Article 10 provides for the inclusion of land in the reserves, the urban planning sector of the city, the commune and district governments should, in accordance with the overall urban planning and control detailed planning, propose specific planning conditions for plots; and the same-level land administration authorities should regularly make the use and use of reserve land available to society and prioritize the inclusion of the land plan. Article 11. The Land Administration authorities of the municipality and the communes are responsible for the provision of land reserves under the law. Article 12 Upon the availability of the reserve land, its reimbursable proceeds shall be vested in full. The cost of land development should be reviewed by land administration authorities and the same fiscal sector, with the approval of the current people's Government, and the timely payment by the financial sector to the land reserve institution. Funding for the work of the land reserve agency is allocated after approval by the same level of finance. Article 13. Funds for land reserves can be financed through financial allocations, bank loans, land reserves or other means. The same financial sector should pay less than 20 per cent of the reserve land for reimbursable land reserves. The land reserve funds are closed, with exclusive storage, independent accounting and dedicated to land reserves. Article XIV State staff play a role in the area of land reserves, abuse of authority, provocative fraud, and are subject to administrative disposition by law, which constitutes an offence and are held criminally by law. Article 15. This approach is implemented effective 1 July 2003. |
