Guangzhou Idle Land Treatment

Original Language Title: 广州市闲置土地处理办法

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Guangzhou idle land treatment

    (December 15, 2009 at the 13th session of the people's Government of Guangzhou City, the 101th Executive meeting on January 8, 2010, announced on March 1, 2010, people's Government of Guangzhou City, the 23rd year of promulgation) Chapter I General provisions

    First to strengthen the land management dealt with according to law and making full use of idle land, effectively protecting farmland, according to the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law of the provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article handling of idle land within the administrative area of the city, these measures shall apply. Article city, idle land, land administrative departments in charge of the processing of, and organize the implementation of these measures.

    City land administrative departments in charge of the work at the idle land in their jurisdiction.

    Development and reform, planning, financing, construction, agriculture, State-owned assets, forestry and gardening and other administrative departments according to their respective duties to assist the implementation of these measures.

    Idle land is located in town and subdistrict offices should help the land administrative departments do the idle land survey work, and assist in the Administrative Department of agriculture, forestry and landscape rehabilitation, regreening of idle land and arable land, double check the green status monitoring.

    Fourth of municipal and county-level cities idle land land administrative departments shall establish a system of inspection and periodic check of land use.

    Units and individuals are able to report idle land or reflect the situation.

    Fifth idle lands included in these measures has been perfecting the procedure of construction land idle land and idle land not perfect land for construction purposes.

    Perfecting the procedure of construction land idle land refers to land in one of the following circumstances:

    (A) over State-owned land use contract or commenced construction land provisions of the instrument of ratification deadline, did not start development and construction;

    (B) State-owned land use contract does not specify the start or construction purposes not provided for in the instrument of ratification deadline, since the State-owned land use contract or land administrative departments of construction land 1 year after the date on which the instrument of ratification issued did not start development and construction;

    (C) has started construction, land development and construction should commence construction area total land area less than 1/3 or construction investment (excluding acquisition costs) total construction investment (excluding acquisition costs) less than 25%, and not due to force majeure, Government and related departments to suspend development of continuous period of 1 year;

    (D) other circumstances as stipulated by laws and administrative regulations.

    Incomplete construction idle land refers to land procedures more than notice issued by the Department of land administration land for construction land clearance documents validity period or deadline, land is not made and approval of land for construction purposes.

    Sixth due to force majeure, the Government and the relevant departments or to start developing the necessary preliminary work (excluding land unit should undertake the work) the fifth paragraph second to third term these measures caused delays, after verification, the affected periods not included in the specified period.

    Referred to in the preceding paragraph and the relevant departments of the Government cause the prescribed delay include:

    (A) the planning and administration of land planning inadmissible applications for planning permission or delay issuing planning permission after accepting files of idle land, but applied for planning permission to land except idle for 2 years;

    (B) ownership is unclear or does not comply with State-owned land use contract conditions of the land, leaving land unable to commence construction on schedule;

    (C) the Government and the relevant departments for cultural relics protection, land used for municipal construction and other reasons shall inform unit stopped of delayed construction deadlines, except due to land violations;

    (D) the prescribed delay is due to relevant national policies and major changes;

    (E) the Government and the relevant departments of other acts prescribed delay.

    Seventh start developing in these measures refers to the housing construction of the base of the construction project has been implemented, other construction projects have been implemented through water, power, roads and ground leveling engineering.

    Implementation of Foundation construction referred to in the preceding paragraph refers to the approved by the law, implementing building passing loads to the Foundation construction of the substructure.

    Chapter II handling of idle land

    Section I General provisions

    Article idle land land administrative departments of the municipal and county-level cities found.

    Investigation and disposal of idle land to land units.

    Nineth of municipal and county-level cities land vacant land survey work carried out by the Administrative Department, you can take the following measures:

    (A) ask the parties and their witnesses;

    (B) site investigation, photo taking, video;

    (C) consult and copy survey units or individuals related approval documents, land rights documents and materials;

    (D) units or individuals under investigation were asked about a description of the problem of land rights.

    Tenth of municipal, land administrative departments of the county-level city of idle land surveys, land should be given notice of vacant land survey.

    Idle land survey land unit shall from the date of service of the notice in the 15th, land utilization, utilization of the relevant evidence and land views submitted to the investigation department in writing.

    Land unit in the application start extended deadlines or alteration approval of construction land has written confirmation of idle land, land administrative departments after verification, you can direct the development of idle land disposal programme.

    11th due to force majeure, the Government and the relevant departments or to start developing the necessary preliminary work (excluding land unit should undertake the work) cannot be development or obtain approval of construction land, land units within the prescribed period to submit in writing to the land Administrative Department of the relevant evidence:

    (A) the date of force majeure, acts of Government and related departments within 15th;

    (B) the fifth of these measures before expiry of the period provided for in article 60;

    (C) the idle land surveys from the date of service of the notice in the 15th.

    Land units in accordance with the provisions of the preceding paragraph to the land administrative departments to submit material, the land administrative departments shall, from the date of receipt of the material in the 7th to begin an investigation.

    Consistent with this approach the sixth article, verified, the land administrative departments shall extend the term of decisions or develop idle land disposal programmes; complex, could be considered in conjunction with the relevant departments to jointly reported to people's Governments at the decision.

    12th municipal idle land, land administrative departments of the county-level city under investigation to identify the facts and the provisions of relevant laws, regulations, rules, make the following process:

    (A) comply with the provisions of article fifth, idle land disposal programmes should be developed;

    (B) these measures are not in line with the fifth article, not part of the idle land, he shall notify the land.

    Idle land is established according to law on mortgage or to take measures of Conservancy, land administrative departments of municipal and county-level cities to develop idle land disposal programme, shall notify the mortgagee or to take measures of Conservancy authority involved in the preparation of solutions. 13th idle land disposal programme should be approved of by the original land.

    Idle land disposal programme after approval by the municipal, City Department of land administration organizations implement and served on the land vacant land disposal decisions.

    14th identified land idle for 1 years, city and county-level city land administrative departments shall, in accordance with the following criteria to idle land charge:

    (A) the land transfer to obtain land-use rights, granting idle land 20% of the price of land;

    (B) the land allocation to obtain land use rights, land price, by allocating land 20% of the price of land idle; no transfers of the land price, land prices according to the allocation of land at 20% to idle land charge.

    In accordance with article 17th of this approach (a) provided for use as temporary green areas and squares, idle land fees waived during interim use according to article 17th of this approach (b) provision for car parks, during temporary use in the original land idle 60% meter fee levying standards. Land unit shall pay the land idle notice pay fees for unused land within the stipulated period.

    Unit fails to pay a fee for unused land, from the date of late, plus total idle land costs payable by the day 1 of the late fee.

    Section II has been perfecting the procedure of construction land idle land disposal

    15th disposal has perfect construction idle land land procedures include the following:

    (A) the extended development time, but since the idle land disposal programme should not be longer than 1 year from the date of approval;

    (B) changes in land use, registration procedures to continue development and construction;

    (C) arrange for temporary use, after treating the original project development and construction conditions have again approved for development;

    (Iv) resumption of idle land.

    According to Qian paragraph subsection (a), and (ii), and (three) items provides disposal idle land of, city, and County land administrative competent sector should and with to units signed state-owned land paid using added contract; land value-added of, according to about provides adjustment land price; while, since idle land disposal decided book served of day up suspended calculation land idle during, idle land disposal decided book provides of term expires Hou continues to idle of, land idle during since provides term expires next day up continues to calculation.

    15th 16th according to these measures (a), (b) the provision to extend the development and construction time disposed of or continue the development and construction of the change of use of idle land, shall comply with the following conditions:

    (A) land-use planning and urban planning;

    (B) in line with the industrial policy;

    (C) has at least 30% per cent of total capital investment funds.

    Article 17th obtaining State-owned land use of idle land, land application, you can arrange for temporary use in the following ways:

    (A) the land units are responsible for construction and maintenance of temporary green spaces, squares, etc;

    (B) temporary used as a car park.

    Approved temporary used as car parks, land unit shall, in accordance with the provisions of the Guangzhou City parking management approaches related formalities. Idle lands temporary use of a term not exceeding 2 years.

    Expiry for temporary use, unit should be cleaned in the 30th place, perfect to start the relevant procedures and begin development and construction.

    18th already perfecting the procedure of construction land idle land, unused during 2 years of accumulated, the Government can free back.

    Section III did not improve procedures of construction land idle land disposal

    19th disposal is not perfect construction idle land land procedures include the following:

    (A) within a perfect land for construction purposes, to continue after receiving approval of construction land development and construction;

    (B) cancellation of approval of construction land.

    Article 19th of 20th according to the approach (a) provides that disposed of in perfect use of land for construction of limited duration of idle land, land unit go through relevant procedures should be in accordance with the following provisions:

    (A) can be taken in accordance with the relevant provisions of an agreement to sell or transfer land, land unit shall dispose of idle land within 6 months from the date of service of the decision, signed with the Department of land administration of State-owned land use contracts or obtain a written decision on the allocation of State-owned land, pay the relevant taxes and receive the approval of construction land;

    (B) the public transfer of acquired land should be taken in accordance with the relevant provisions, land unit should idle land disposal decision requires perfect transfer requirements within the time limit, and making public transfer applications.

    Idle land expropriation of peasant collective land, land units before you go through the relevant formalities prescribed in the preceding paragraph, should handle compensation and allocation procedures.

    21st article does not improve the procedures of construction land idle land, land is not in accordance with the provisions of the present article 20th go through relevant procedures, and idle during the 2 years of accumulated, the Government cancellation of approval of construction land, upfront fees without compensation.

    Fourth quarter recovery and cancellation of construction land idle land approval documents

    22nd of municipal, county-level city land administrative departments shall, in accordance with the following procedure to recover unused land or cancellation of approval of construction land:

    (A) investigate and collect evidence and facts;

    (B) inform the parties intended to make idle land or cancellation of approval of construction land decided the facts, grounds, and basis;

    (C) hear statements and pleadings of the parties, the parties to request a hearing, shall hold a hearing;

    (D) the development of idle land disposal programmes, report to made with the approval of the people's Government to withdraw approval for the use of idle land or cancellation of approval documents decision of construction land;

    (E) the resumption of idle land or cancellation of approval of construction land written decision to the parties, and shall inform the parties have the right to apply for administrative reconsideration or bring an administrative suit;

    (F) cancellation of approval of construction land, land registration and land certificates, terminate the contract of State-owned land use, and inform the development, planning, construction and other administrative departments;

    (VII) announced to the public.

    23rd idle land being resumed or cancelled after the approval of construction land, indigenous land should remain the responsibility of its economic responsibilities.

    24th is take back idle land or cancellation of approval for construction purposes in the original land actually occupied land, idle land disposal shall from the date of service of the decision in the 30th, in accordance with the requirements of the idle land disposal decided to transfer the land.

    25th cancelled due to the following circumstances construction idle land land use approval documents or recovered, it should be given the land compensation:

    (A) of idle land is due to Government and related departments Act's original land in accordance with disposal decision requests within a complete construction idle land land procedures or development;

    (B) the land idle for less than 2 years, but the Government and the relevant departments resulted in land development and construction conditions no longer start.

    In accordance with the provisions of the preceding paragraph shall be given the original of land compensation, calculated according to the financial review of the initial investment amount of monetary compensation, the implementation of compensation costs included in the budget, earmarked special funds spending.

    For mortgages or are legally established to take measures of protection of idle land, return or cancellation of approval of construction land should be given to the original of land compensation, it shall notify the mortgagee or to take measures of Conservancy authority.

    26th article back or cancellation of approval of construction land idle land, involving collection of peasant collective land, disposal in the following ways:

    (A) without compensation, the land belongs to the original owner of farmer collective land;

    (B) implementation of the compensation should be incorporated into the Government reserve according to the redefinition of land users which is not perfecting compensation procedures, land acquisition and relocation by the Government agencies or legal redefinition of land use under the existing compensation standard for land compensation and resettlement in their premises.

    27th back or cancellation of approval of construction land idle land on urban housing demolition on State-owned land compensation and resettlement, and disposed of in the following way:

    (A) not implemented House removal compensation, land used by dismantled;

    (Ii) has implementation housing demolition compensation placed of, should into Government reserves or law again determine land using who; which, yet completed compensation placed of, Government can specified demolition institutions or law again determine of land using who on was demolition people for compensation placed, recovered idle land or cancellation construction with to approved file Qian arrears of Pro moved fee by was demolition people law to original demolition people recovery.

    Chapter III liability

    28th idle land to arable land, land not arable land to fulfil obligations, the land administrative departments of the municipal and county-level cities a rectification, late is still not correct, could be sentenced to more than 10 yuan per square meter land reclamation fees fined not more than twice.

    29th land violates the provisions article 24th of this approach, refusing to hand over its actual occupation of the land, land administrative departments of the municipal and county-level cities apply to a court for mandatory enforcement according to law, and fined 10 yuan per square meter of land occupied more than 30 yuan fines.

    Land administrative departments of the 30th and any of the following acts by law enforcement officials, by their work units, higher administrative authorities or supervisory organ directly in charge of personnel and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) does not make regular inspections on land use, serious;

    (B) in the disposal of idle land, non-law related instruments, in serious cases;

    (C) the violation of legal procedures to recover unused land or cancellation of approval of construction land;

    (D) other acts of dereliction of duty, abuse of authority or engages in.

    31st article hinder land management staff performing official duties according to law, if the circumstances are serious, by the public security organs in accordance with the People's Republic of China Public Security Administration Punishment Act of the relevant regulations constitutes a crime, criminal responsibility shall be investigated according to law.

    The fourth chapter by-laws 32nd article this way come into force on March 1, 2010. As of June 1, 2003 repealed at the same time in the Guangzhou idle land treatment measures.

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