Land Saving And Intensive Use In Zhejiang Province Way

Original Language Title: 浙江省土地节约集约利用办法

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  Chapter I General provisions article I-implementation of treasure, the rational utilization of land and the basic national policy of protecting cultivated land, implementation of resource-saving strategic priorities, optimize the allocation of land resources, protection of land rights and the to ensure sustainable use of land resources, in accordance with the People's Republic of China land management act and other laws and administrative regulations, combined with the facts of the province, these measures are formulated.

Second economical and intensive use of land within the administrative area of the province and its related activities governed by this approach.

Third-economical and intensive use of land following conservation priority, the principle of reasonable utilization, planning guidance, market allocation.

Fourth administrative areas of the people's Governments above the county level shall conduct a unified land saving and intensive use of organizing, leading, and decides on major issues of land use, establishing work objectives and evaluation of land intensive use, levels of economical and intensive use of land included in the Government's annual target responsibility, implementation of land saving and intensive use of funds.

The township (town) people, neighborhood offices coordinate with relevant work on land saving and intensive use.

Fifth land and resource administration departments at or above the county level shall be responsible for the administration of land saving and intensive use of specific management work.

Above the county level, economic development and reform and information technology, finance, science and technology, Commerce, environmental protection, housing and urban-rural development (planning), agriculture, forestry, and water conservancy departments in accordance with the relevant statutory duties relating to specific management of common land saving and intensive use.

Article sixth of land units and individuals must cherish and rational use of land, and consciously abide by laws and regulations concerning economical and intensive land use, regulations, implementation of economical and intensive land obligations, take offence, breach of responsibility.

Scale control chapter seventh people's Governments above the county level shall, in accordance with the higher land use defined in the General Plan of binding targets, legal development and implementation of land use planning and total control of the scale of construction land, and control all kinds of size, layout, structure and timing of construction land, raise the level of economical and intensive land use.

Eighth District of city, County (City) Government (hereinafter referred to as city and county governments) prepared by the layout of industry development, and urban-rural development, infrastructure and other related planning should be dovetailed with the overall land use planning at the same level, on more than of land use defined in the General Plan of construction land size, adjust or modify the relevant plans, reduced land sizes.

Nineth of municipal and county governments shall organize the preparation of low-utility land redevelopment, urban underground space development and utilization, rural comprehensive improvement of land planning, and highlights two or three industries of unit construction land increase value, land availability, benefits of land utilization intensively in the stock indexes, optimizing the space and layout of land use.

Tenth of municipal and county governments in accordance with land-use planning and urban and rural planning, determination of the urban development boundary and prohibit the construction of border, strict implementation of construction land use control system.

Strict development zone (Park), the industrial cluster project entry requirements in the region, on the premise of in accordance with the relevant plan, a modest increase in industrial construction project investment intensity, volume, unit with input-output ratio, optimized development zone (Park), the industrial area of land resource allocation.

11th article city, and County Government should according to land using general planning reasonable adjustment land using structure, control added construction with to, guarantees life with to, increased ecological with to; optimization urban and rural construction with to structure, in accordance with national and Province provides implementation town construction with to increased and rural construction with to reduced linked policy, carried out rural free and low utility to regulation, improve town construction using stock construction with to of proportion. 12th construction land use right can be set up on the ground or underground space.

Aboveground and underground single layer to set up construction land use right acquisition and life, by surface construction land use rights established by the relevant regulations.

Comply with the overall land-use planning, urban and rural planning, meet fire protection, flood control, environmental protection and building (structure) safety requirements, encourage the development and utilization of urban public facilities, public square (green), school grounds, such as the underground space, build parking lots (garages) and the commercial service, logistics and warehousing, as well as civil defense and disaster prevention facilities, advance construction of urban underground pipe Gallery. Chapter III supply of land and recover the 13th municipal and county governments should gradually expand the scope of compensable use of land.

Different kinds of paid use of land supply must adequately reflect supply and demand, resource scarcity, and through the use of price leverage to promote land saving and intensive use. Industrial, commercial, entertainment, tourism and housing for business purposes and the same two or more interest, shall take a tender, auction or listing, such as land use and land price.

No unit or individual is allowed to set the constraints affecting the fair and just competition. 14th of municipal and county governments should be based on land appraisal results, industrial policies and the cost of environmental damage, through collective decision-making, comprehensive land bidding, auction or listing the starting price and the price of land.

Bidding, starting price, reserve price shall not be lower than national and provincial minimum price standards. 15th city and county governments should be according to changes in the market, adjust and publish benchmark land price.

Released less than 5 years of benchmark land prices should be adjusted; does not need to be adjusted according to market conditions, should also be republished; not adjusted or was not released again, not for land valuation. The 16th industrial land supply should be consistent with national policies and regulations.

City and county governments can be based on enterprise and industry policy, within the statutory maximum period, determine the duration of use of industrial land.

The 17th city and county administrative departments of land and resources when compensation for the supply of various types of State-owned construction land shall be State-owned construction land transfer contract planning, rental and paid use required conditions, land use, land use, land-use rights to recover condition and ways, a performance bond, and breach of contract, such as, and economical and intensive land-use regulations.

18th legally obtained State-owned land use right may be transferred according to law.

In compliance with land contract or transfer requirements stipulated by laws and regulations, but due to the project, funding, expected benefits and other reasons, cannot continue to develop in the short term or to achieve the desired objectives, encouraging land transfer of land use right according to law.

19th meet the standards prescribed by the national and provincial standards of multilayer plant can be operated on a lease basis, or according to the transfer of land contract Division, but may not change the features and land use.

20th of municipal and county governments should improve land reserve system priorities idle, idle, and inefficient use of State-owned construction land incorporated into the reserve.

Land reserve institution may reserve land together with buildings (structures), by way of leasing, temporary use of them.

21st recovered due to the public interest needs to allocate access to state-owned construction land use right or call the paid use of acquisitions of State-owned construction land, can take a consultative way to recover, after payment of reasonable compensation to the land by the city and county governments to resume land.

Return or call the use of State-owned land, the municipal and county administrative departments of land and resources in conjunction with the relevant departments to prepare land resumption programme implementation reported to people's Governments at the same level for approval.

Return or call the use of State-owned land, city and county administrative departments of land and resources should be the resumption of land grounds, four to range block is located, and other matters, at the extent of the land recovery notices in the 30th, and simultaneously responsible for the recovery of land and resources administrative departments shall be published on the website.

22nd call the use of State-owned land compensation agreed by the land use contract, in accordance with the contract execution; not stipulated in the contract, should be based on land area, the remaining duration of land use, the original land use, land utilization, land prices and other conditions, assessment of land compensation.

23rd allocated back to make use of State-owned land compensation in accordance with the following principles: (a) land allocated paid the price should be based on the land made the land cost inputs, land status, assessment to determine land rights price is compensated. (B) the person does not pay the transfer price of land, city and county governments can recover the allocated land without compensation.

But for the above-ground buildings (structures) should be adequately compensated.

24th land offered to returned to the use of State-owned land, in accordance with article 21st second to third and 22nd, 23rd provisions.

25th imposed by law on State land or housing, use of State-owned land should be at the same time to recover, and in accordance with the houses on State-owned land expropriation and Compensation Ordinance and the Zhejiang Province, the State-owned land on the housing expropriation and compensation provisions of the program handle back together with the collection of houses on State-owned land and compensation procedures.

Disposal of vacant land, in accordance with the People's Republic of China land administration law of the People's Republic of China on urban real estate administration law and other laws and regulations and the State Department of land and resources published by the Administrative Department of idle land disposal and the contract implementation. 26th the rural collective economic organization to recover land shall be in accordance with the People's Republic of China land management implementation of the relevant provisions of the law.

Recovery of compensation for land, have agreed in the contract, in accordance with the contract execution; not stipulated in the contract should be based on the land made the land cost inputs, land status, assessment to determine land rights price is compensated.

Recover the land, rural collective economic organizations shall recover the land use right of reason, plot is located, four to such matters as the scope of written notice to the land, and posting announcements 30th in the bar of village affairs.

Reform of rural collective construction land use right transfer, in accordance with national and provincial regulations. Fourth chapter article 27th of inventory land use land use should give priority to development and utilization of idle, abandoned, idle and inefficient use of land.

Determines the scope of the inefficient use of land, in accordance with the relevant provisions of the provincial people's Government.

City and county governments should be based on the General land use planning and urban and rural planning, consolidation and concentration of industrial space, increased renovation of old residential district, the old factory, village in the Guide reasonable replacements for industrial use.

28th article industrial enterprise using existing plant and using existing industrial with to for technology and promote traditional industry transformation upgrade, by urban and rural planning, and land resources administrative competent sector law approved, in not change land uses of premise Xia implementation split Hou reconstruction, and plant added layer, and transformation expansion, and underground space development, way improve land investment strength, and using efficiency and volume rate of, no longer increase land price. 29th article land using who in not change with to subject, and not again development construction, and meet fire security, premise Xia, using industrial plant, and warehouse with room, stock property and land resources set up information service, and development design, and creative industry, modern services and engaged in tourism, and items transportation, and agricultural sales business of, should in accordance with Zhejiang Provincial capital Xiang Planning Ordinance of related provides application handle temporary change housing uses procedures, can retained its land uses temporarily not change.

But it should be in accordance with the provisions of the municipal and county governments pay land revenue.

30th due to Government-led urban or town planning for old town reconstruction requires relocation of industrial projects comply with national and provincial policies, municipal and county governments approve resumption of State-owned land use right according to law, according to city and town planning, in accordance with the principle of equivalence to an agreement to sell or lease, as the original land rearranging industrial land.

31st of municipal and county governments should establish a low utility development, the incentive mechanism of reuse of wasteland, scattered to the layout, using the extensive, unreasonable use, low utility and in accordance with law, and development due to mining damage, traffic rerouting, residential relocation, industrial adjustment of scrap recycling. Encouraging original land on its own or combined with low utility law development, implementation of recycling of waste land.

Implemented by the original land development projects are related to changes in land use, in line with the relevant provisions of national and provincial, may agree to transfer for land clearance, but other than for commercial real estate development.

Encourage the participation of social capital development, reuse of waste land at low utility. 32nd of municipal and county governments in accordance with land-use planning and urban planning, based on the protection of cultivated land quality, optimizing the urban development and spatial distribution of land use needs of industrial construction, suitable for building is built, and then forest, is suitable for agriculture, rational use of hilly slope, wasteland and other unused land.

But without legal approval, permission for non-agricultural construction.

Article 33rd reconstruction should be carried out in the form of relatively centralized, urban construction should focus on the construction of multi-storey apartment land, advocating the construction of high-rise apartments, shall be constructed of single isolated House residential urban land use outside the scope of implementation of the central town, village center building, control of single isolated House apartment building. Village construction in the village should be fully utilized the original house sites, free and non-arable land in hilly slope.

Encourage combined downhill out of poverty, moving hedge placement project of geological disaster for construction. 34th rural villagers voluntarily set aside out of the homestead shall be encouraged.

Rural collective economic organizations can adopt incentives, subsidies (compensation) recovered by way of free, extra homestead.

Exit the redistribution of land occupied by the seat of the rural collective economic organizations, or in accordance with the relevant provisions of national and provincial regulation and reclamation and utilization. Fifth chapter regulatory 35th people's Governments above the county level shall organize regular construction land use survey and evaluation of economical and intensive land use, comprehensive grasp of urban and rural construction land use and input-output potential, degree of economical and intensive use, size and spatial distribution.

Specific measures for investigation and evaluation in accordance with the relevant provisions of the State.

36th land and resource administration departments at or above the county level shall, in conjunction with the departments concerned at the establishment of land development and utilization monitoring and oversight mechanisms, full supervision on land use, supervise the land use of paid use of land in accordance with the contract or the allocation decision provides for the use of land. County above land resources administrative competent sector is responsible for on project with to area, and uses and land transfer gold (rent) collection, performance situation of supervision; County above development and reform administrative competent sector is responsible for on project nature, and industry policy implementation situation, and investment strength, and units with to input-output than, situation of supervision; County above housing and urban and rural construction (planning) administrative competent sector is responsible for on project planning control index (including with to nature, and total area, and volume rate, and building height, and building density, and

Ratio of green space as well as urban units of affordable housing area, the number and ratio indicators) supervision.

37th land and resources administrative departments above the county level to establish land use dynamic information publicity system, published on their Web site on a regular basis for land grant processing, performed and land supply, contract conditions, subject to public supervision.

38th above county level land and resources administrative departments and other departments concerned for violation of land saving and intensive use of the associated laws, regulations, rules and standards of units and individuals, apart from the penalty, you can incorporate the public in accordance with national and provincial credit reporting systems, law for consultation or publicity.

39th acts in violation of these rules, provisions of the related laws and regulations have legal responsibility from its provisions.

Land, people, and land and resource administration departments at or above the county level shall not perform or contract of paid use of land in accordance with the contract, according to the liability for breach of contract. 40th article city, and County Government, County above land resources administrative competent sector and other about sector and staff violation this approach provides, has following case one of of, by right to organ in accordance with management permission on directly is responsible for of competent personnel and other directly responsibility personnel law be disposition; constitute crime of, law held criminal: (a) violation national and province about allocated with to, and limit with to, and ban with to, directory provides for to of; (ii) on law should paid using of land,

Below the minimum prices provided for in national and provincial standards for and (iii) land for 5 years is not adjusted or not published again and (d) other acts of favoritism, abuse their powers, neglect their duties.

The sixth chapter supplementary articles article 41st city and county governments should be in accordance with the measures to develop specific implementation details. 42nd these measures come into force on April 1, 2016.