Urumqi City Land Reserve Management Practices

Original Language Title: 乌鲁木齐市土地储备管理办法

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  Chapter I General provisions article in order to strengthen land management, regulating land reserve Act, promote land saving and intensive use, improve building protection capacities, in accordance with the People's Republic of China land administration law and the People's Republic of China real estate management act and other laws and regulations, combined with the city's actual, these measures are formulated.

Article within the administrative area of the city land reserve management activities and the application of this approach.

Land reserves in these measures refers to land and resources administrative departments in order to achieve control the land market, the promotion of rational use of land resources, legal access to land, for early development, storage for the supply of land.

Article III land reserves to unified planning, unified storage, consolidation, supply, unified management principles.

Municipal unified leadership, organization and coordination of work of land reserve in the city.

Organized by the district people's Government is responsible for the implementation of this area of land reserve and reserve collection of work on land.

Fourth of municipal land and resources administrative departments unified supervision and management is responsible for the city's land reserves, urban land reserve institution of its land reserves in the City; County land and resources administrative departments in charge of supervision and management work of land reserve within the jurisdiction, County land bank authority within its jurisdiction of its land bank.

Development and reform, finance, urban planning, building, housing and real estate, urban management, auditing departments should be collaborative land reserve work within their respective mandates.

Fifth, land and resources administrative departments shall establish a land reserve information sharing system, land reserves and supply quantities, reserve payments, loans and other information shared with the relevant authorities.

Chapter II planning and management the sixth land and resources administrative departments according to control the land market need, rationally determine the scale of reserve land, priority reserves idle, idle, and inefficient use of land for construction of State-owned stock. Article seventh land reserves to program management.

Department of land and resources administration and land reserve institution shall, together with the development and urban and rural planning, financial sector reform, according to the national economic and social development planning, land use planning, urban planning, land-use plans and land market conditions annual land planning and land supply plans, reported to the people's Governments at the corresponding level approval, and report to the superior administrative departments of land and resources.   

Eighth annual land bank plan include the following: (a) the annual size of reserve land, (ii) land development scale in the early of the year; (c) the annual land supply size; (d) the annual programme of temporary use of reserve land (v) program reserve land size at the end of the year.

Nineth annual plan for land reserve and land reserve institution carrying out land reserve early work, urban planning administrative departments shall, in accordance with preliminary review opinions issued at the request of the General plans of the city; the development and reform of the Administrative Department shall upon application of the land reserve institution and go through the reserve early land development approval procedures; land ownership certificate issued by the competent administrative Department of land and resources.

Development and reform, urban and rural planning, land and resources departments should be receiving the land reserve institution within 10 working days from the date of application for the above matters.

Land reserve institution shall at the annual land reserve scheme completed the work of land reserve within the stipulated period.

Tenth land reserve institution organizing the implementation of annual land reserve scheme, the land reserve project implementation plans shall be compiled, examined by the administrative departments of land and resources upon the people's Governments at the corresponding level for approval, as a basis for relevant examination and approval procedures.

Land reserve project implementation plans should include the project profiles, land use, implementation of the main content and cost estimation, economic analysis and financial planning, and so on.

Chapter III scope and program 11th the following lands to be included in the scope of land reserves: (a) resumption of State-owned land in accordance with law, (ii) the purchase of land, and (c) made in the exercise of the right of first refusal; (d) has been land of farmland conversion and land requisition approval, (v) other lawfully obtained the land.

12th resumption of State-owned land use right according to law of the land, land and resources administrative departments according to law after the cancellation of the land registration, land banking institutions into the land bank. 13th acquisition of State-owned land should be land reserve formalities in accordance with the following procedure: (a) for acquisitions.

The land shall take the relevant information to apply for land acquisition land reserve institution. (B) verification.

Organizations to acquire land ownership, land reserve area, four to the scope, purpose and attachment for verification on the ground. (C) planning.

Urban planning administrative departments provide for acquisition of land use planning terms. (D) the cost estimates.

Land banking institutions select qualified assessment agencies will have to buy the land and build (structures) assessment, consultation and based on the assessment results with the original land purchase price. (E) the programme for approval.

Land reserve institution develop land reserve programme, agreed by the Administrative Department of land and resources approved by the people's Governments at the corresponding level after confirmation. (Vi) to sign the contract.

After land reserve scheme is approved by the land reserve institution and the original land of the State-owned land use right acquisition contract signed. (G) to pay the costs.

Land reserves in accordance with the agreement of the State-owned land use right acquisition contract to the original land cover acquisition costs. (H) changes in ownership.

Land reserve land tenure to the land and resources administrative departments to apply for alteration registration procedures. (I) land.

Original land in accordance with the agreement of the State-owned land use right acquisition contract, deliver the net to land reserve institution and by land reserve institution included land reserves.

14th exercise its preemptive right to acquire land included in the reserves, according to the following procedures shall be followed: (a) land reserves under the people's Governments at the corresponding level approval documents of the exercise of the right of first refusal, in accordance with the land use rights land use rights transfer the people's prices and related payment terms, purchase compensation to the land price;

(B) compensation for land shall on receipt of the purchase price, apply for registration of land according to law by Convention; fails to apply for, handled by the land banking institutions agreed to apply for registration of land.

15th article agricultural to switched to or levy of land into reserves of, by following program handle: (a) land resources administrative competent sector law organization agricultural to switched to, and land levy approval, related early work can delegate land reserves institutions implementation; (ii) agricultural to switched to, and land levy work completed Hou, by land resources administrative competent sector handle collective land ownership, and land right cancellation registration procedures.

16th through recovery, acquisitions, such as under reserve land in accordance with law, apply land reserve institution, city and county people's Government for approval, after registration of the land and resources administrative departments in accordance with the law, to land reserve institution to issue land certificates.

Article 17th land reserve involves State-owned homes on the land, in accordance with State Council houses on State-owned land expropriation and compensation for expropriation and compensation under the Ordinance and the relevant.

The fourth chapter arrangement, utilization and supply the 18th after approval by administrative departments of land and resources, land reserve the right to reserve lands for early development, conservation, management, temporary uses and financing for reserve lands, implementation of early development and other activities.

19th land reserve to reserve land roads, water supply, power supply, gas supply, drainage, communications, lighting, landscaping, and other early development work.

The early development of reserve land, shall, by way of open tender selection project design, construction and supervision units, control the development cycle, and the acceptance of construction supervision and management and organization.

20th a land reserve institution should take the set walls, fences and identified Government reserve land and other measures for the protection of reserve land, prevent acts against land rights.

21st article land reserves institutions should established reserves land archives and Taiwan account, and take following measures on reserves land implemented dynamic management: (a) carried out daily patrol, timely found and stop illegal occupation, and damage reserves land of behavior; (ii) management and protection reserves land Shang of municipal facilities, and based facilities and other built (frame) built real; (three) on dangerous plots take security protection measures, set warning brand; (four) other management measures.

22nd into the reserve lands, urban planning administrative departments should be based on controlled detailed planning, the planning condition of concrete block; land and resources administrative departments shall regularly publicize the reserve land use and conditions of use, and included in the annual land supply plan.

23rd reserve land in front of the supply and land reserve institution can legally rent, temporary use of use of reserve lands and build (or structures).

Rental, temporary use of reserve land, shall not affect the supply of land, no additional land purchase costs. The 24th reserve land should be included in the annual land supply plan.

Not included in the annual land supply planning of land supply, without storage management of land supply.

Before the supply has been issuing reserve land, should recover the land, establishment of a mortgage of land, and need to be lifted in accordance with law. 25th reserve supply of land for the Department of land and resources administration organizations.

Land reserve institution shall, in accordance with the annual land supply plan to do a delivery for the preparatory work.

NET reserve lands should be delivered. The fifth chapter 26th land reserve fund of funds management budget and final accounts management, earmarking. Revenue land should be turned over to the State Treasury in full, included in the budget. 

Land reserve fund shall, in accordance with the relevant provisions, earmarked for recovery, acquisitions, land and early development of reserve lands and other expenditures. 27th annual land reserves of land reserve institution shall, according to plan, by preparing land reserve fund budget, after examination by the administrative departments of land and resources, financial administrative departments audited.

Need to adjust the capital projects budget, budgetary adjustment programmes shall be compiled according to regulations and procedures for approval.

Land banking institutions should set up land reserve fund income and expenditure accounts, setting out expenditure, after approval by the competent financial administrative departments, reported the people's Governments at the corresponding level for approval.

28th article land reserves funds main source for: (a) financial administrative competent sector in financial budget in the arrangements of land reserves started funds; (ii) financial administrative competent sector in land transfer price income in the extraction of State-owned land returns Fund; (three) land reserves institutions according to national about provides, borrowed of Bank loan, and other financial institutions loan and the get of other social financing; (four) financial administrative competent sector approved can for land reserves of other funds;

(E) the provisional use of reserve land for the land reserve institution made sporadic income, (vi) interest income generated from these funds. 29th Land Bank financed projects management.

Land reserves in land bank financing plan should be linked to the annual planning, land reserve fund project budget are connected, and agreed upon the land and resources administrative departments approved the people's Governments at the corresponding level, not more planning, hyper-scale loans.

30th financial funds according to law shall not be used for a land bank loan guarantees.

Land banking institutions should strengthen financial risk management, may not in any form of guarantees to third parties.

31st land reserve institution in stockpiling occurred during the land-cadastral survey, land registration, land price evaluation and management of walls, fences, and identify the infrastructure expenditure, approved by the competent financial administrative departments at, scope included in the land use of reserve funds.

32nd financial, auditing, land and resources departments should be on the use and administration of land reserves, land reserve institution supervision and inspection of the implementation of accounting systems, ensuring the land reserve funds earmarked, improve the efficiency of capital management.

33rd sixth chapter legal liability for breach of the rules stipulated by relevant laws and regulations on punishment, from its provisions.

Article 34th damaged walls, fences or a mobile reserve land and identity, the Department of land and resources administration a rectification, and fined a maximum of 1000 more than 5000 Yuan for units, below 1000 Yuan fine for individuals. 

35th unlawful interception or misappropriation of land banking funds, financial, audit and other competent administrative departments shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

Article 36th land reserve land and resources administrative departments, agencies, other relevant departments and their staff working in the administration of land reserves, abuse of power, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Seventh chapter by-laws 37th these measures shall come into force on December 31, 2015. February 18, 2003, the Urumqi municipal people's Government announced measures on land reserve (municipal, 50th) repealed simultaneously.

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