Kunming Municipality On Land Reserve Management Practices

Original Language Title: 昆明市土地储备管理办法

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Kunming municipality on land reserve management practices

    (March 2, 2010 152th meeting of Kunming city people's Government considered by people's Government of Kunming city, on March 2, 2010, the 97th released as of April 2, 2010) Chapter I General provisions First article for perfect land reserves system, strengthening land macro-control, specification land market run, promote land save intensive using, reasonable configuration land resources, improve construction with to guarantees capacity and city land business level, according to People's Republic of China land management method, and People's Republic of China real estate management method, and People's Republic of China urban and rural planning method, and State on strengthening State-owned land assets management of notification (country sent [2001]15,) and land resources department, and Treasury, and

    Of the people's Bank of China jointly issued the measures for the administration of land reserves (land and UNCDF [2007]277) and other relevant laws, rules and regulations, combined with the city's actual, these measures are formulated.

    Second land reserve and its management in the administrative area of the city, these measures shall apply.

    Article III land reserves in these measures refers to municipal and County (City) area Governments to control the land market, the promotion of rational use of land resources, land according to law, engaged in land development and consolidation, storage for supply in the early acts.

    Fourth city, County (City) Government approved the establishment of land reserve institution specifically responsible for the work of land reserve; land Department is responsible for land acquisition to switch to warrant approval, issuance of registration and other related work in each County (City) is imposed by the Government to switch to component approval, implement land acquisition and relocation.

    Land reserve institution may be entrusted by the municipal or County (City) Government approved, eligible companies on the concrete implementation of the work of land reserve, signed an agency agreement, and pay management fees under the contract.

    Fifth article of the municipal land reserve unified planning, unified storage, consolidation, supply, unified management, and improve the level of land saving and intensive use.

    In addition to the national, provincial and municipal governments identified priority sites, without a reserve supply of land are not allowed. Sixth to set up information-sharing system.

    Led municipal land reserve institution, land Department, financial Department and Kunming branch of people's Bank on a monthly basis exchanging land reserve supply, income and expenditure of funds and land reserve institution and other relevant information. Seventh land reserve expenditures audited and paid into the system.

    Land reserve institution and the strict control of the company commissioned to carry out the land reserve land reserve expenditures, expenditures allocated land reserves in a timely manner the financial sector financial sector review or Audit Department Organization.

    Chapter II administration of land reserve institution and its functions Eighth article of the Municipal Government to determine municipal land reserve institution responsible for planning, co-ordination and management of the city's land-related work, preparation of the city's land use planning such as supply, storage, sorting, and plans.

    Xishan District, mainly responsible for implementing wuhua district, panlong district, Guandu district, and Chenggong (hereinafter "four counties") and within the Municipal Government to determine cross-county (City) area around key projects and related land reserves.

    Kunming, Kunming Dianchi tourism resort development zone Kunming economic and technological development zone as needed and approved by the municipal government, can establish a land reserve, land reserves in the region, land Bank agency business, job responsibilities and accept guidance and management.

    Except for the four counties and three State-level development (vacation) and other counties (cities) and districts establish a land reserve institution, responsible for the work of land reserve within the territorial jurisdiction, and under the operational guidance and co-ordination of the municipal land reserve management. Municipal land reserve institution of County (City) area of land reserve institution operational guidance, and land purchases, consolidation, supply planning, information management and program management.

    City and County (City) level land reserve institution according to the relevant State policies and regulations, signed a joint reserve agreement, agreed the land storage, sorting and distribution of income, County (City) area of land reserves.

    Nineth article Kunming land reserves Committee (following referred to "city storage Board will") is municipal government implementation land reserves work of led and decision institutions, is responsible for city land reserves work of led and decision, research developed land reserves of related policy and system, considered and approved land planning reserves range, and annual land reserves plans, and annual land reserves supply plans and land reserves implementation programme,, is responsible for on major land reserves matters for decision deployment. Storage quarterly in principle to convene a plenary session of the authority, but also according to work needs to be organized in due course.

    , Storage units and the Board duties separately.

    Tenth Article city storage Board will Office set in city level land reserves institutions, is responsible for city storage Board will of daily; guide, and and manpower and urged the County (City) District Government and land reserves institutions, and city level the related sector carried out land reserves work; collection, and research land market dynamic and land policy; regularly summary analysis city land reserves work progress situation and to city storage Board will reported; completed city storage Board will assigned by of other work.

    Chapter three planning and management

    11th city, County (City) land reserve institution should be based on the land market and the needs of local economic and social development, rationally determine the scale, priority reserves idle, idle, and inefficient use of land for construction of State-owned stock, as well as in urban and rural construction planning based around the land, village and old city reconstruction projects involving land. 12th land reserve program management.

    Land reserves and supply plan by land reserve institution according to the medium-and long-term economic and social development plans and programmes, land-use planning, urban planning, urban and rural construction planning and preparation such as land supply and demand situation of the market in the near future. Counties (cities) and districts next year after land reserve and supply plan agreed by the Government at the same level, submitted to the municipal land reserve institution before September 30 of each year.

    Led municipal land Bank agency, municipal finance, land, planning, development and reform, housing, transportation and other related departments to co-ordinate the preparation of the city's land reserves and supply planning for next year, submitted to the Municipal Board considered the approval of reserve, submitted before October 31 of each year, City Department of finance, and related units and County (City) District Government.

    13th annual land reserves and supply plan should include: the annual size of reserve land, stocking up land development scale in the early; reserve land supply size and types of temporary use of reserve land plans; reserve land at the end scale of the project; reserve land financing needs; reserve land supply forecast earnings.

    14th annual land reserve and supply of approved plans, as the implementation of land reserve and supply, as well as the relevant formalities ... Not included in the annual land reserve and land supply plan, not for reserves and supply.

    Absolutely necessary to adjust land reserves and supply plan, and the original approval authority.

    The fourth chapter the scope, procedures and methods

    15th land can be incorporated into the Government reserve of the following ranges:

    (A) imposed by public interests or urban planning, need to recover and harmonization of land expropriation, conversion;

    (B) to allocate or transfer made by way of non-operating land and industrial land uses in accordance with urban planning changes for business, tourism, entertainment and housing land for business purposes;

    (C) to allocate or transfer made non-operational sites, in accordance with the urban planning need to change use of land for industrial use;

    (D) has been land of farmland conversion and land requisition approval;

    (E) land to apply for land reserve reserve lands;

    (F) the Government made in the exercise of the preemptive right to land;

    (VII) recover the use of idle land according to law;

    (H) land use have not been paid in full and on time as agreed price, or does not start within the period specified in the development law of the land;

    (I) the removal, dissolution, withdrawal, insolvency, readjustment of the industrial structure or for some other reason, stop using the law to recover or acquire land;

    (J) approved the scrapping of road, rail, airports, mines and other recovered ownership of the land;

    (11) the expiry of the land, and land users within the prescribed time limit does not apply for renewal or renewal but has not been approved by the land;

    (12) of confiscated land;

    (13) directives need to be reserve land;

    (14) according to law should be incorporated into the Government reserve land.

    16th section land reserve institution implementation of annual land reserves and supply plan, and shall prepare a land reserve scheme.

    Municipal land reserve Center for approval of the programme submitted to the municipal reservoir, County (City) area of land reserve institution programme prepared by Governments at the same level for approval.

    17th land reserve scheme should include the following:

    (A) the scope, size, status of land;

    (B) ratification of the land ownership, land procedures;

    (C) reserve lands along the controlled detailed planning or planning conditions;

    (D) land acquisition and relocation costs (acquisition compensation fee), early stage development and consolidation costs, taxes, financing, interest, such as land, land reserve management expenditure;

    (E) reserve land financing options;

    (F) planning land supply and prices;

    (G) the land transfer price of the payment method, payment time limits, delivery time, terms and conditions that such land development requirements;

    (H) other matters of note.

    18th on the need for farmland and land expropriation procedures of reserve land, land banking agencies County (City) organization approved component of the District Government, is responsible for paying the relevant taxes and land acquisition and relocation costs; land Ministry responsible for the approval procedures, and County (City) Organization and implementation of the District Government land expropriation.

    Under reserve land, land banking institutions to raise capital and paid in a timely manner, counties (cities) is responsible for organizing the Government land acquisition and relocation and compensation work, strictly in accordance with relevant national, provincial and municipal land expropriation and compensation. 19th under the planning, approval, impose a number of principles, grasp the planning reserve target reserve to turn around their target reserve transformed into physical reserves.

    Under reserve land, subject to planning to complete work such as land consolidation, land supplies at the right time, to meet the adjustment of industrial structure, infrastructure and other economic and social development of the site requirements. 20th planning reserve land by the land bank authority planning, land, development and reform, housing and other related departments to develop.

    Upon approval by the fed, red line of Planning Department is responsible for the Organization's reserve land, land use planning and construction of basic conditions land sector is responsible for the issuance of the plan approval documents of the reserve land. In planning land within the reserve to suspend planning and site selection site, suspended construction land use planning permits, and strictly control the household moving and land use changes.

    By the municipal land reserve institution in conjunction with city planning, land, housing, and public security departments, further specific rules are formulated.

    Article 21st in accordance with planning approval document, reserve land red-line range of reserve land, land banking institutions to apply for, land Ministry responsible for reserve land management authority in the registration procedure, issue ownership certificate as proof of the ownership of reserve land, and complete other registration needed.

    Certificate of land ownership by the land Ministry printed items:

    (A) the land to fill in for "land reserve institution name";

    (B) the type of tenure to fill in for "Government reserves";

    (C) land use planning to fill in for "reserve land";

    (D) reserve area is subject to investigation delimitation area;

    (E) note in column "the land as the Government reserve land, upon application for registration of land rights";

    (F) the certificate can use map or survey and delimitation of the drawings;

    (G) other matters to be recorded.

    The 22nd reserve stock of State-owned land can take the following forms: (A) the acquisition of monetary compensation.

    Bodies in accordance with the approved acquisition compensation price of land reserves, land purchase contract with the original land, according to the contract the monetary compensation directly to acquire reserve land. (B) land acquisition.

    Original land be handed over to use State-owned land bank into the reserves, land reserve institution and uses the same principle of equivalence, in reserve lands developed separate location replacement programme, approved by the Government for land-related procedures, the replacement land to land. Article 23rd according to the land bank plan to buy State-owned land, land banking institutions should land acquisition contract with the land.

    Compensation standard of land acquisition, land reserve institution and land under the land assessment consultation, confirmation of the Government at the same level. The Government plans to buy State-owned land, land reserve land purchase contract with the land and go through the relevant formalities into the reserve.

    Purchase price can be determined according to the following pattern:

    (A) the acquisition of industrial and non-operational planning for business, tourism, entertainment and housing for business purposes, according to the original use of the project site assessment and planning uses the arithmetic average value of the appraised value, negotiated purchase price (price of appraised value of above-ground buildings); (B) for subsection (a) the lands other than the State, in accordance with the original purpose of the project to assess price purchase price.

    According to the original appraised value lower than the land users in the use of the original costs of acquiring land, is determined according to the land use made the cost of land acquisition compensation price.

    (C) the disposal of government assets to land reserve system and other special items, approval by the municipal government, or has the right to determine the acquisition price. The 24th Government on the transfer of State-owned land, significantly lower than the market price of preemption, press go both sides declare the transfer point of price compensation and go through the relevant formalities into the reserve.

    To reject the offers without transfer, land and service not to register the transfer.

    25th, according to law, to recover State-owned land, compensation for land, built on the land (structures), attachment by city demolition management related provisions.

    The fifth chapter arrangement, utilization and management

    Article 26th under reserve land, land reserve the right to reserve lands for early development and consolidation, protection, management, temporary uses, as well as reserve lands, implementation of development and consolidation in the early for financing activities. 27th early development including roads, water supply, power supply, gas supply, drainage, communications, lighting, landscaping, site formation as a function of sound land-use facility construction and urban infrastructure construction.

    Upfront development costs accounted for in the land reserve expenditure.

    28th article in front of the reserve land does not supply, land reserve institution built on reserve land and the ground (structures), attachment by leasing, temporary use or any other means be used. 29th land reserve institution that can finance from banks and other financial institutions, which should apply for loans from banks and other financial institutions for secured loans.

    Entrusted with the implementation of land banking company under the trust agreement, you can also set up accounts receivable pledged financing.

    Reserve land mortgage financing, mortgage registration by the land Department shall.

    30th land reserve land reserve project files and account management.

    Before the 31st reserve land supply and land reserve to reserve land to carry out the necessary care, custody and temporary use, costs accounted for in the land reserve expenditure, including:

    (A) the walls, trees, fences, tree marking;

    (B) the special guards and regular patrols, detect, report, and suppression of unlawful acts of embezzlement, destruction of reserve land;

    (C) on the ground to carry out the necessary maintenance and renovation of buildings;

    (D) the construction of temporary buildings and facilities be utilized by rental, temporary use or any other means;

    (E) other reserve land management-related work.

    Sixth chapter reserve land supply

    After the completion of the 32nd reserve land development and consolidation in the early into the land supply plan, the land reserve institution organized for.

    33rd reserve land supply prices should be based on the land-use and construction scale, reserve expenditures, facilities construction, assess the market reference price. In accordance with the provisions to public bidding, auction and listing transactions, trading the reserve price and starting price considered to be supplied to the location, size, use, construction, planning and design conditions, government expenditure on land, land reserves, urban and rural infrastructure investment, and market reference price and adjacent to recent transaction price determined on the basis of.

    Starting prices, fed to collective decisions.

    Land reserve organization commissioned land transactions transactions, specific issues agreed by both parties.

    Article 34th after the land, bodies from land transactions with the land Department is responsible for authorizing the land price, the land reserve institution responsible for the transfer of land to land users, land sector go through the relevant formalities.

    35th reserve supply of land allocation, assignment of the agreement, by country, province, city transfer, an agreement to sell the State-owned land use right of the relevant regulations.

    Article 36th land users should be in strict conformity with the land transfer contract or allotment decision requires the use of the land use and development time period specified, otherwise the land sector is responsible for land recovery and the reintegration into the Government reserve land.

    Seventh chapter land reserve management

    37th land reserve fund should perform two lines of income and expenditure management, in line with national, provincial and municipal budget and final accounts management and land reserve fund provisions relating to financial management and accounting system.

    Article 38th land reserve sources of funds include:

    (A) the financial sector has been supplying reserves in land transfer revenue from the arrangement of land to land reserve land reserve expenditures;

    (B) financial arrangements in the sector from State-owned land income fund for land reserve fund;

    (C) land reserves to banks and other financial institutions and financial capital;

    (D) other funds for land reserve;

    (V) interest income generated from these funds. 39th land reserve and reserve in accordance with article 2% provision for the administration of land reserves in land revenue; according to the completion of the entrusted matters 3% of the total direct expenditure to companies commissioned by the land reserve institution carrying out land reserve to pay management fees; to land acquisition and implementation unit under the 2% of the total amount of land cover land acquisition requirements in accordance with 2% of the total cost of moving to the relocation implementation units their relocation expenses.

    These costs accounted for in the land reserve expenses, withholding payments, audit settlement, no further provision for other expenses.

    The eighth chapter legal liability

    40th city dump for each Member of the Board shall be according to the relevant measures, actively providing services and protection for land reserves and supply work, failure to perform duties, the municipal discipline inspection and supervisory organs in accordance with the relevant provisions of the accountability; violations of party disciplines, appropriate disciplinary action.

    , Storage for each Member of the Board, 41st land reserve institution for dereliction of duty, abuse, deception and land transactions, in accordance with the relevant provisions of administrative sanctions by the relevant authorities constitutes a crime, criminal responsibility shall be investigated according to law.

    The Nineth chapter supplementary articles 42nd these measures shall come into force on April 2, 2010. Kunming municipal people's Government on February 1, 2002, promulgated the measures on the administration of land reserves in Kunming city (Kunming municipal people's Government, the 29th) repealed simultaneously.