Unused State-Owned Land In Hefei City Solutions

Original Language Title: 合肥市闲置国有土地处置办法

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(February 11, 2003 1th Hefei people's Government Executive meeting considered by people's Government of Hefei city, February 28, 2003, 100th published) first disposed of unused State-owned land, land utilization, promote economic development and urban construction, according to the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law and the vacant land disposal measures, combined with the city's actual, these measures are formulated.
    Second unused State-owned land within the administrative area of the city (not including State-owned agricultural land, farm use of agricultural land) disposal procedures apply. Article idle state land mentioned in these measures refers to land users without the approval of city and county governments agreed, exceeding the prescribed period did not start construction or construction does not meet the requirements of State-owned land.
    Main including following several case: (a) land using who since started development construction starting day up full 1 years not started development construction of; (ii) has started development construction, actual development with to area not reached should development construction with to total area of 1/3 and suspended development construction full 1 years of; (three) has started development construction, investment accounted for project total investment insufficient 25% and suspended development construction full 1 years of; (four) not law using of land transfer Hou remaining of land; (five) legal, and regulations provides of other case.
    Fourth article this approach by said started development construction is refers to according to by approved of construction figure for construction and building based reached ± 0.00 elevation of case; this approach by said started development construction starting day, respectively by following provides determine: (a) to paid way (including transfer, and rental, and pricing funded or shares, with) made land right of, for State-owned land paid using contract agreed of started development construction date; state-owned land paid using contract not agreed started development construction date of, for signed contract full 1 years of day;
    (B) allocated to acquire land and start set for approval of construction land development and construction date issued date or ratification of construction land. Fifth land users should be in accordance with the land use contract or term commenced development of the land provisions of the instruments of ratification.
    Due to force majeure or planning adjustments, and started developing the necessary preliminary work commenced development delays, land users should be within 1 month before the expiration of the time limit under city and County development and construction of land and resources administrative departments applied for an extension of time, following a review of the case, should be extended, but not more than 1 year.
    Sixth of municipal and county administrative departments of land and resources to identify idle land, land users shall be notified, and the elaboration of the land disposal programme (mortgage of idle lands established by law, should also inform the mortgagee to participate in preparation of solution), by the original land organization after approval by the city or county governments.
    Article seventh land users did not start construction idle land under 1 year, to transfer land use rights, by leasing 20% the following pay idle; allocated to acquire land, paid at the 5-10 yuan per square meter standard idle. Eighth land use idle land for 2 years (including obtaining the land demolition of 2 years is not implemented), by the original land of city and county people's Government may resume the land for free.
    Due to reasons stipulated in this article fifth start except in the case of the development and construction delays.
    Article idle land for less than 2 years, or 2 years has elapsed but the project belongs to the State encourages the development of projects, may be disposed of in the following manner: (a) arranged by the city and county administrative departments of land and resources for temporary use, after treating the original project development and construction conditions, approved construction again. (Ii) recovered existing State-owned land right, for land using who replacement equivalent of land; (three) take tender, and auction, way determine new of land using who, and on original land using who reference input cost be compensation; (four) recovered land right, on land using who by input of cost for audit, stay the plots disposal Hou reference input cost be compensation; (five) land using who and city, and County land resources administrative competent sector signed land right returned agreement, will land right returned to Government,
    The land users need to use land, return in accordance with the land-use right to the agreement, the Parties shall supply the Government equivalent of land returned to the land.
    This section (c), (d) two original land use the maximum amount of compensation may not exceed the amount of the proceeds from the disposal of land parcels.
    Article tenth plan adjustments cause idle land, land users, has for its part of the land use or land acquisition costs, in accordance with the actual payment total amount payable is prorated to determine land to land use, to be resumed for the remainder.
    11th idle for less than 2 years, surrendered or voluntarily applied for the land-use consultation back, for government compensation for the land disposal reference input costs, the above-ground buildings, attachments be recovered.
    12th (allocated) land area is too large, paid use of land users not contract or construction approval documents of investment leads to lagging pace of development, by the original approved by city and county governments, State-owned land use right grant contract can be modified (allocation decision), reducing the area of land to be supplied.
    13th real estate developers after obtaining the land use right according to law, real estate development qualification was canceled and cannot continue to develop in accordance with law, land-use rights by the city and county governments to recover, and investment in real estate development enterprises of the land be appropriate compensation. 14th land were sealed by the Court, or being sued could not be started by the original deadline, arbitration development, land users should be according to the provisions of the present article fifth application for extension.
    The litigation or arbitration does not affect development and construction, land users should be developed by the set deadline.
    15th due to the transfer of land use rights, new land users of paid use of land shall be in accordance with the original contract terms and conditions of development and construction.
    16th section of arable land were expropriated after the rural collective economic organizations, of all of its members into urban residents, the rest of the land is owned by the State, city and county governments to recover, according to the unified development of urban planning, city and county governments to the rural collective economic organizations and users of standards in accordance with ways of land expropriation compensation. Article 17th resumption of State-owned land should be included in the Government land bank.
    The entitlement of indigenous land use State-owned land use permit to planning and building permits, demolition permits for cancellation procedures in the 15th, fails to go through, logged directly by the issuing authority and shall be published separately.
      18th article this way come into force on April 1, 2003.