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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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Modalities for land reserve management in Kymin City

(Health meeting of the Government of the Turkmen Republic of 2 March 2010 to consider the adoption of Decree No. 97 of 2 March 2010 No. 97 of the Order of the Government of the Turkmen Republic of 2 March 2010 for implementation effective 2 April 2010)

Chapter I General

Article 1, in order to improve the land reserve system, strengthen land macroregulation, regulate the operation of land markets, promote land-saving access, rationalize land resources, build land security capacity and urban land operation levels, and develop the land reserve management approach, in accordance with the People's Republic of China Land Management Act, the People's Republic of China Property Management Act, the People's Republic of China Rural and Rural Planning Act, the State Department's notification of strengthening the management of land assets in the State (Statement No. [2001]15) and the Ministry of Land Resources, the Ministry of Finance, the People's Bank of China (Fourgation No. 7).

Article 2

Article 3 of this approach refers to land reserves referred to by the municipal and district governments to achieve the goal of regulating land markets and promoting the rational use of land resources, by law, and to the conduct of pre-auction development, storage and supplying land.

Article IV, the Land Reserve Agency, approved by the municipalities, districts (communes), is specifically responsible for the land reserve; the land sector is responsible for such work as the collection of reports and the registration of licensees; and the authorities of the districts (communes) are responsible for the collection of referrals and the organization of the eviction of land.

Land reserves may be entrusted to specific implementation of land reserves by the municipalities, districts (markets) sector governments, approved and eligible companies, enter into contracts and pay management fees in accordance with contracts.

Article 5

In addition to the priority areas identified by national, provincial and municipal governments, no land without reserve shall be supplied.

Article 6 establishes an information-sharing system. The city-level land reserve agency led by the exchange of information on the number of land reserves, the income and expenditure and the loan of land reserve institutions in the month of the transfer of the land sector, the financial sector and the People's Bank's Know Centre.

Article 7 establishes a land reserve expenditure review and payment system. Land reserves and companies entrusted with land reserves are strictly controlled by land reserves expenditures, and the financial sector allocates land reserve expenditures in a timely manner; the financial sector or the auditing sector organizes relevant evaluations.

Chapter II

Article 8. The municipal land reserve body, established by the municipality, is responsible for the integrated, coordinated and management of all-market land reserves-related work and the preparation of plans and plans for land use, storage, collation, supply. It is mainly responsible for the implementation of the reserves of the five Warsaw, the Bonus, the Tuntland, the Western Mountains and the Tigong Districts (hereinafter referred to as “four districts”), as well as the cross-ferral (markets) projects identified by the municipality.

In accordance with the requirements of the Knowledgical Industrial Development Zone, the Know Economic Technology Development Zone, the Quickangi Ticki Tourtherze Travel Receive Zone, the Land Reserve Agency could be established, with the approval of the municipal authorities, to exercise responsibility for land reserves in the region and to receive operational guidance and integrated management of the municipal land reserve institutions.

In addition to the four districts and three national-level development (referral) areas, the other districts (markets) have established a land reserve body responsible for land reserves within the territorial jurisdiction and receive operational guidance and integrated management from municipal land reserve institutions.

The city-level land reserve agency conducts operational guidance for district (market) land reserve institutions to integrate land collection, collation, supply planning and planning, information management. Land reserves at the municipal and district levels can be based on relevant national policies and provisions, through joint reserve agreements, agreement on land receipts, collation and income distribution, and land reserves in the district (market).

Article 9. The Land Reserve Commission (hereinafter referred to as the Urban Reserve Commission) is the leadership and decision-making body for the implementation of land reserves by the municipality, which is responsible for leadership and decision-making on land reserves throughout the city, research on relevant policies and systems for the development of land reserves, consider and approves the scope of land planning, annual land reserve plans, annual land storage plans and land reserve implementation programmes, and is responsible for the deployment of significant land reserves.

The Commission may also organize a plenary session in principle every quarter, or in accordance with the required work. The functions of the Commission and its member units are set out separately.

Article 10. The Office of the Urban Reservations Commission is located at the municipal level land reserve body responsible for the daily work of the Urban Reservations Commission; guidance, integration and promotion of land reserves in the municipalities and land reserves institutions, municipal authorities; collection, studying the dynamics of the land market and land policies; regular overview of progress in the entire city land reserve process and reporting to the Urban Reservations Commission; completion of other work undertaken by the Commission.

Chapter III Planning and management

Article 11. Land reserves institutions in the urban, district (market) areas should determine the size of reserves in accordance with the need for land market regulation and local economic and social development, with priority given to land-building in the area of land ownership, air and low-efficiency, and land covered by projects such as land surroundings in rural and urban construction planning, village rehabilitation and rehabilitation in the city.

Article 12. Planning management of land reserves. Land reserves and supply plans are developed by land reserves institutions based on long-term planning and plans for economic and social development, land-use master planning, urban overall planning, rural and urban construction planning and land market demand.

The annual land reserves and supply plans under the district (market) are submitted by 30 September each year, with the consent of the same Government. The municipal land reserve agency led by the city's finance, land, planning, resettlement, transport and related sectors, in collaboration with the integrated development of the next municipal land reserve and supply plan, which was submitted to the municipal finance bureau by 31 October of each year, and sent to the relevant units and the district (communes).

Article 13 Annual land reserves and supply plans should include: size of the annual reserve land; size of the pre-reservation of land; size and type of land supply of reserves; temporary land use plans; planned size of the land reserve; reserves of land financing requirements; and projected land supply income.

Article XIV, approved annual land reserves and supply plans, serves as the basis for the implementation of land reserves and supplies, as well as for the processing of related procedures.

Land not included in the annual land reserve and supply plan shall not be stored and supplied. There is a need to adjust land reserves and supply plans, which are approved by the original approval authority.

Scope, procedures and modalities of chapter IV

The following land may be included in the Government reserve:

(i) The need to recover and harmonize land for use and diversion for public interest needs or urban planning;

(ii) Non-commercial and industrial land acquired, including through the transfer or transfer of concessional land, for commercial, tourist, recreational and commodity residential land, in accordance with urban planning requirements;

(iii) Non-commercial land acquired by way of allocation or concessionalization, changing land for industrial land according to urban planning needs;

(iv) Lands that have been processed for agricultural land transfer and land for approval procedures;

(v) The landowner's application for the acquisition of reserves by land reserves;

(vi) The Government shall exercise priority to the acquisition of land;

(vii) Removal of land by law;

(viii) Land-users do not pay their land price in full, as agreed, or do not carry out the development of work within the prescribed time period, and land recovered by law;

(ix) Removal of land recovered or acquired by law for relocation, dissolution, withdrawal, insolvency, industrial restructuring or other reasons;

(x) Removal of land, such as roads, railways, airports, mines, etc., which have been approved;

(xi) The end of the land-use period and the land-user has not applied for the duration of the period specified or, notwithstanding, for the duration of the extension but has not been approved;

(xii) Land confiscated by law;

(xiii) Government directives requiring reserve land;

(xiv) Other land that should be incorporated into government reserves by law.

Article 16 implements annual land reserves and supply plans by land reserves institutions and plans should be developed.

Following the approval of the Urban Reservations Commission developed by the Urban Land Reserve Centre, the programme reports prepared by the Land Reserve Agency of the District (market) were implemented with approval by the Government.

Article 17

(i) Scope, area, status;

(ii) The rights of the land and the conditions of territorial approval;

(iii) Planning conditions for the detailed planning or location of the reserve area;

(iv) Removal charges (removal compensation payments), prior period development of collation costs, tax charges, financing interest, land reserve management charges;

(v) Funding programmes for reserve plots;

(vi) The manner and prices of land supply planned;

(vii) A description of land transaction conditions, such as the payment of royalties, the collateral time frame, the time of time, the time taken and the use of land development requirements;

(viii) Other matters requiring clarification.

Article 18 reserves for land requiring agricultural land transfer and land-covering procedures are reported by land reserves in conjunction with district (market) government organizations to pay related tax fees and expropriation charges; the land sector is responsible for the processing of the reporting process and for the implementation of land collections in conjunction with the territorial Government.

Land included in the reserve, financed by land reserves and paid in a timely manner, and the territorial Government is responsible for organizing evictions and compensation efforts, which are rigorously carried out in accordance with national, provincial and municipal provisions.

Article 19, in accordance with the principles of a set of planning, a series of reports and a set of collections, captures the conversion of planning reserves to the indicator reserve and the transfer of indicator reserves to the physical reserve. Lands included in the reserve will need to be completed by planning, and land supply will be organized in due time to meet the user needs of economic and social development, such as industrial restructuring, infrastructure construction.

Article 20 Planning of the scope of land reserves is developed by land reserves institutions in conjunction with relevant sectors such as planning, land, conversion, housing. Following the approval of the Commission, the planning sector is responsible for organizing the demarcation of the land redundancy line, identifying basic planning conditions such as land use, and for the approval of the nuclear-planning reserve land.

Lands included in the planning reserve are suspended for the planning of the place of choice, the suspension of the licence for the construction of the land, the forced relocation of households and changes in land use. Specific implementation rules have been developed in conjunction with the municipal planning, land, housing and public safety sectors.

Article 21, in accordance with the approval document for the planning of land reserves, the scope of the land dividends, is governed by the Land Reserve Agency's application, and the Lands Department is responsible for the registration process for the storage of land, as a certificate of title to the reserves of land rights and for the completion of other registration procedures required.

The title of land reserves is compiled by the territorial authorities and is documented as follows:

(i) The name of the land-use authority as “ownership of land reserves”;

(ii) Use of types of rights to be filled as “Government reserves”;

(iii) Land use as “reservation sites”;

(iv) The size of the reserve is subject to the mapping of the area;

(v) The reference in the column indicates that “the land is reserved for the Government and is registered with the right to land reserves upon request”;

(vi) A certificate accompanying a map or a mapping map;

(vii) Other matters to be documented.

Article 22 provides for the acquisition of a reserve by a State of its own stock using the following means:

(i) Monetary compensation. In accordance with the approved acquisition indemnity price, the Land Reserve Agency entered into a land acquisition contract with the original landowner and, in accordance with the contractual agreement, directly purchases of the reserve land.

(ii) Land replacement. The original landowners have placed their use on national land reserves in reserves, and land reserve agencies have developed alternative land replacement programmes in reserve land, with the approval of the current Government, for land transfer to original landowners.

In accordance with Article 23, the acquisition of State land-use rights in accordance with the land reserve scheme, land reserve institutions shall enter into land-use acquisition contracts with land-use rights holders. Reimbursement criteria for the acquisition of land are confirmed by the Land Reserve Agency, in consultation with the land-use rights, in accordance with the results of the land assessment.

The Government plans to purchase State-owned land, and land reserves are included in the reserves after the land acquisition contract with the land-use rights owner. The acquisition of the compensation price may be determined by:

(i) The acquisition of industrial and non-commercial land planning for operating properties such as commercial, tourist, recreational and commodity homes, based on the average of the project's land-use assessment and the planning-use assessment price, and the determination of the acquisition of compensation price (assessment of the price of buildings containing prices);

(ii) The acquisition of land other than subparagraph (i) in order to determine the price of the acquisition of compensation in accordance with the original cost of the project. The price of acquisition compensation is determined at the expense of the landowner's land, if the assessment price is lower than the cost of the landowner.

(iii) Special projects such as the disposal of government assets in the land reserve system, which are approved by the municipality or the authorities to determine the acquisition of compensation.

Article 24 Governments exercise priority purchasing power vis-à-vis the transfer of State land that is clearly less than market prices, and are included in the reserve at the price of the transfer point at the time of the transfer by the parties. The territorial authorities do not deal with the transfer procedures for refusing to purchase.

Article 25 states that are not reclaimed by law shall not be compensated for the land and the construction of the land (constitutional) and the annex to the regulations relating to the management of evictions in cities.

Chapter V

Article 26, on land included in the reserve, has the right of land reserve institutions to organize, protect, manage, provisional use of reserve land and to organize financing for reserve land, pre-implementation.

The development of the twenty-seventh period includes road, water supply, electricity, heating, drainage, communications, lighting, greenization, land consolidation and urban infrastructure construction for improved land use functions. The costs for the development of the previous period are reflected in land reserve expenditure.

Article 28 could be used by land reserves to reserve land and its surface (construction) construction, attaching to the use of the goods, including through rental, temporary use.

Article 29 allows land reserve institutions to finance financial institutions such as banks, which shall apply to financial institutions such as banks for security loans. A company entrusted with implementing a land reserve may also be financed, for example, by the award agreement.

The land reserve is granted mortgage financing, which is registered by law by the land authorities.

Article 33 Land reserves institutions should establish archives and desks for land reserve projects and carry out dynamic management.

Prior to the availability of the reserve land, the land reserve body may provide the necessary care, nutrient and temporary use of the reserve land, taking into account land reserve expenditures, including:

(i) The wall, the tree fence, the logic, etc.;

(ii) Conduct specialized and daily patrols to detect, report and end the illegal appropriation and destruction of land reserves in a timely manner;

(iii) The necessary repairs of buildings on the ground;

(iv) Building temporary buildings and facilities to be used, including through rental and temporary use;

(v) Other work related to reserve land management.

Chapter VI

Article 32 includes land supply plans after the completion of the pre-recordation of land reserves, which are organized by land reserve agencies for land.

The supply price of land reserves should be assessed on the basis of land area, use, scale-building, reserve expenditure, infrastructure construction expenditure, market transaction reference prices.

Under the terms of solicitation, auctions, wallchmarks, open transactions are determined on the basis of an integrated consideration of the location, area, use, scale-building, planning design conditions, government publication of baselines, land reserve expenditure, investment in rural and urban infrastructure construction, market transaction reference prices and the near-cruit transaction price. The Commission's collective decision-making.

The Land Reserve Agency commissioned the organization of transactions by land trading agencies, with specific matters agreed by both parties.

As a result of land concessions, land trading agencies are responsible for catalysing land price payments, land reserve agencies are responsible for the transfer of land to land-users, and the land-use sector handles relevant landing procedures.

Article XV of the reserve land is made available in a manner that is allocated, agreed upon by the State, the province, the city, and by agreement to give the State the relevant provisions of the right to land.

Article 36 Land-users shall strictly require the use of land in accordance with the land contract agreement or the time frame for the development of a decision making, otherwise the land authorities are responsible for the recovery of land-use rights and the reintegration of Government land reserves.

Chapter VII

Article 37 Funds for land reserves shall be administered in accordance with the relevant provisions of the national, provincial, municipal and municipal financial management of predetermined management and land reserve funds and accounting methods.

Article 338 Sources of land reserves include:

(i) The financial sector arranges land reserve expenditures to land reserves for land reserves from the land generated by the supply reserve land;

(ii) The financial sector arranges funds for land reserves from the National Land Removal Fund;

(iii) Funding from land reserves to financial institutions such as banks;

(iv) Other funds available for land reserves;

(v) Interest income arising from the above-mentioned funds.

Article 39, land reserve agencies refer to land reserve management fees by 2 per cent of the income earned on the reserve land; payment of management fees to companies entrusted with the land reserve by the land reserve agency in accordance with 3 per cent of the total expenditure incurred by the land reserve; payment of funds for the clearance of land units pursuant to 2 per cent of the total expropriation fee; and provision for the relocation of removal units in accordance with 2 per cent of the total relocation costs. The above-mentioned costs are taken into account in land reserve expenditures and are subject to prepayments, post-adjustments and no additional costs may be taken.

Chapter VIII Legal responsibility

Article 40 ICRM member units should actively provide services and guarantees for land reserves and supply, in accordance with the relevant methodology, irrespective of the performance of their duties, and be accountable by the municipal disciplinary inspectorate in accordance with the relevant provisions; and provide appropriate disciplinary action in violation of the party's Chronicle.

Article 40 provides administrative disposal by the relevant authorities in accordance with the relevant provisions; constitutes an offence punishable by law.

Chapter IX

Article 42 The Modalities for the management of land reserves in the city of Kymin, enacted by the Government of the Turkmen on 1 February 2002, were also repealed.