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Guangzhou Idle Land Treatment

Original Language Title: 广州市闲置土地处理办法

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Land disposal options in the city of Hiroshima

(It was considered at the 101st ordinary meeting of the Thirteenth People's Government of the State of the Great Britain and Northern Ireland, on 15 December 2009, through the publication of Decree No. 23 of 8 January 2010 of the People's Government Order No. 23, of 1 March 2010)

Chapter I General

Article 1, in order to strengthen land management in this city, deal with and take full advantage of land and effectively protect arable land, in line with the relevant laws, regulations, such as the People's Republic of China Land Management Act, the People's Republic of China Urban Property Management Act.

Article 2

Article 3. Municipal land administration authorities are responsible for the handling of land in the city and organize this approach. Land administration authorities at the district level are responsible for the handling of landless land within the Territory.

The executive branch, such as development reform, planning, finance, construction, agriculture, State assets, forestry and parking forests, assists the implementation of this approach in accordance with their respective responsibilities.

The communes of the land-breaking sites, the street offices should assist land administration authorities in conducting surveys on land-less land-removable land and assist the agricultural, forestry and plant administration in inspecting farming, regressioning green land and rearing farming, regressioning green conditions.

Article IV. Land administration authorities at the municipal, district and district levels should establish a land inspection system that conducts regular inspections of land use.

Units and individuals may report or reflect on the land that is left.

Article 5

Unless land has been improved for the construction of a land, which is one of the following conditions:

(i) The duration of the development of movable workers beyond the State's agreement on the use of contracts or the establishment of a time frame for the development of movable workers, as mandated by the Land User instrument;

(ii) The absence of a contract for the use of State land for remunerated use or the construction of a territorial instrument of ratification does not provide for a period of time for the development of movable work, which is not developed for a year since the entry into force of a contract for the State's land is reimbursable or the establishment of a territorial approval by the land administration authorities;

(iii) The development of dynamic jobs, but the area of the area of the development of construction is under one third of the total area of movable work development, or the amount of investment (unless land access costs) accounting for less than 25 per cent of total construction investments (excluding land acquisition costs) and not for force majeure, suspension of development of government and its related sectors for a consecutive year;

(iv) Other cases provided for by law, administrative regulations.

Unimproved land for land without construction means an effective period of time or time frame for the construction of various types of documents in the land area, which exceeds the noticeable land units of the land administration authorities.

Article 6 causes delays in the period specified in Articles 5, paragraphs 2 and 3 of this approach due to force majeure, government and its related sectoral conduct or work necessary for the development of the former period (without reference to the work to be performed by the local unit) and, after verification, the affected paragraphs do not take into account the specified period.

The Government referred to in the previous paragraph and its related sectors have resulted in delays in the period specified, including:

(i) The planning administration sector has left the land in no way for planning the application for the planning of the licence for the unused units or after the receipt of the delayed nuclear planning licence documents, except for two years when the territorial unit applied for the planning licence;

(ii) The right not to be clear or not in accordance with the State's agreement on the use of a contract for the payment of land, and to the use of a land unit is not able to build on the groundwork;

(iii) The Government and its relevant departments, for example, are informed in writing of the delays in the construction by the use of local units for reasons such as the protection of material and the construction of municipalities, except as a result of the violation of territorial units;

(iv) Suspension of deadlines owing to significant national policy adjustments;

(v) The Government and its other actions in the relevant sectors have resulted in delays in the period of time.

Article 7.

The construction of the base described in the previous paragraph refers to the construction of the structure of the Ministry, which is authorized by law, to communicate the base.

Chapter II

Section I General provisions

Article 8. Separate land is determined by the survey of land administration authorities at the city, district level.

Surveys and disposing of the land of the land is a unit.

Article 9

(i) Inquiring parties and other witnesses;

(ii) On-site surveys, photographs, cameras;

(iii) Access, replication of the documents, land rights documents and information related to the use of the investigation units or individuals;

(iv) To request clarifications from the investigation unit or individuals on land rights.

Article 10 Land administration authorities at the municipal, district and district levels carry out sequestrational land surveys, which should be sent to land-use units.

Land-use units should be sent within 15 days of the date of the departure of land survey letters, the use of land development, relevant evidence and land follow-up observations, and the written presentation of the survey.

Land-use units have written confirmation of the fact that land is no longer required for the extension of the time period for the development of movables or for the processing of land-use change approvals, and the land administration authorities verify that the land disposal programme can be directly developed.

Article 11, in the event of force majeure, government and its related sectoral conduct or the work required for the development of the first period of work (non-useholding of the work to be assumed) has resulted in the inability to develop or acquire the building of the territorial instrument of ratification, which allows the land administration authorities to submit relevant documentation within the following time period:

(i) Within 15 days from the date of force majeure, the Government and its related sectors;

(ii) The period specified in article 5 of this approach expires on 60 years;

(iii) Without of 15 days from the date of the transfer of land survey letters.

Land administration authorities should initiate investigations within 7 days of the date of receipt of the material.

In accordance with article 6 of this approach, the Land Administration shall make a decision that is responsive to the extended period or develop a programme for the disposal of land, which is complex and can be reported jointly with the relevant authorities after the consideration of the same-ranking people.

Article 12

(i) In line with article 5 of this approach, programmes on land disposal should be developed;

(ii) Incompatible with article 5 of this approach, it is not the land that is left unused and should be informed in writing of the land units.

Removal of land is granted under the law or is subject to conservation measures, when the municipal, district and municipal land administration authorities develop their land disposal programmes, the collateral or the authorities taking protection measures should be informed about the development of the disposal programme.

Article 13. The land disposal programme shall be approved by the Government of the people who have previously approved land. Unless land disposal programmes have been approved, they are organized by municipal, district-level land administration authorities and sent to land-use land disposal decisions by land units.

Article XIV, which has been determined that land is in effect for a period of one year, shall receive land-free expenses according to the following criteria:

(i) The acquisition of land-use rights by land-use units in a way that allows 20 per cent of land prices to receive land-free leave;

(ii) Access to land-use rights through the allocation of land-based units with the allocation of land prices, the collection of land-lessing fees by 20 per cent of the allocated land price; the non-approperation of land prices, and the acquisition of land-use leave by 20 per cent of the land-use-use-rights prices at the time of the allocation of land.

In accordance with article 17, paragraph (i), of this scheme, which provides for temporary greenfields and squares, free of land forfeiture during the temporary use period; and is used as parking spaces in accordance with article 17, paragraph (b), of this scheme, for a period of 60 per cent of the expropriation criteria.

The land-use unit shall pay the land-breaking fees within the time period specified in the letter of payment of the land for which the land is no longer available. Territorial units do not pay their land-using fees after the late date of the receipt of a lump-sum payment of a lump sum of 1 per 1,000 live in land.

Section II

Article 15 disposes of land that has been improved in the construction of land, including the following:

(i) Extensive time for development, but the date of approval by the Land Disposal Programme shall not exceed one year;

(ii) Changes in land use and the continuation of construction after the process;

(iii) Arrangements for temporary use to re-approve development after the conditions for the development of original projects are in place;

(iv) Removal of land.

In accordance with subparagraphs (i), (ii) and (iii) of the previous paragraph, land administration authorities at the municipal, district level shall enter into supplementary contracts with the territorial units for the use of State land for reimbursable use; land value added, adjusted land prices in accordance with the relevant provisions; and, at the same time, the time period for the calculation of land for landless land disposal decisions shall be discontinued after the expiry of the time period specified in the Land Disposal Decision.

Article 16, in accordance with article 15, subparagraphs (i), (ii) of this approach, should be in line with the following conditions:

(i) In line with overall land-use planning and rural and urban planning;

(ii) In line with industrial land policy;

(iii) There are more than 30 per cent of the total capital investment.

Article 17, which has been acquired by the State's land use certificate, may be provisionally used in accordance with the following modalities:

(i) The construction, conservation of temporary greenfields, squares, etc., by field units;

(ii) To be used on a temporary basis for parking.

In accordance with the approval of temporary use as parking parks, the local unit should conduct the relevant procedures in accordance with the provisions of the Metropolitan Urban Parks Management Scheme.

The duration of the temporary use of the land is generally not more than two years. During the interim use period, field units should clean the site within 30 days, improve the procedures for the start-up and develop work.

Article 18 has improved land for the construction of land, which has been accumulated for two years, and the Government can recover without compensation.

Section III Unimproved land disposal process

Article 19 disposes of land that is not well established for construction purposes, including the following:

(i) Improve the process of building spaces and continue to develop construction after the receipt of the building of the instrument of ratification;

(ii) Write-offs for approval of documentation.

Article 20, in accordance with article 19, paragraph (i), of this approach, provides that the land shall be disposed of in a manner that allows the construction of land in a manner that is sufficient for the duration of the time period and that the relevant procedures shall be governed by the following provisions:

(i) An agreement may be taken under the relevant provisions to obtain a land by way of a transfer or transfer, and a land-use unit shall, within six months from the date on which the land disposal decision is delivered, enter into a State-owned land-relevant contract with the land administration authorities or obtain a national land transfer decision, pay the relevant tax fee and receive a capital instrument of ratification;

(ii) In accordance with the relevant provisions, access to land should be made publicly and accessible, and the use of land units should be required to improve the availability of conditionality within the time limit and to make public requests for concessions.

Unless land is concerned with the collection of collective land by farmers, the local unit should be able to compensate for the resettlement process before the procedures set out in the preceding paragraph are handled.

Article 21, which does not improve land tenure procedures, does not deal with the relevant procedures in accordance with article 20 of this approach and has reached a time limit of two years, the Government may write off the construction of a document that would not be compensated for the cost of inputs.

Section IV

Article 2

(i) To investigate evidence and determine the facts;

(ii) To inform the parties of the facts, rationales and basis for the decision of the document to be taken for the recovery of land or for the write-off of land;

(iii) Hearing the parties' statements and pleas that the parties request hearings and should hold hearings;

(iv) The development of the land disposal programme, which is followed by the approval by the Government of the people of the land for the recovery of the land or the write-off of the decision to approve the document;

(v) Removal of land or write-off of land for approval by the parties, while informing the parties of the right to apply for administrative review and administrative proceedings;

(vi) Write-off approval of documents, land registration and land certificates, termination of the State's land-reimbursable use contract, while informing the development of administrative departments such as reform, planning, construction;

(vii) Social announcements.

The original territorial unit should remain responsible for its original economic responsibility, after Article 23 was recovered or cancelled.

Article 24 actually occupied land by the original territorial units that had been recovered from the land or cancelled for the construction of land approval documents, which should be transferred within 30 days of the date on which the land disposal decision had been delivered.

Article 25 Removal of land for use or recovery shall be reimbursed by the original land units for the purpose of denouncing the document or recovering it as follows:

(i) In the case of the Government and its relevant departments, the original land units that cause the land to be left without land could not improve the building of land or develop construction in accordance with the time-bound land disposal decision;

(ii) The land was left behind for a period of two years, but the land was no longer eligible for work development because of the Government and its related sectoral conduct.

In accordance with the preceding paragraph, payments should be made to the original unit, the amount of monetary compensation is calculated at the prior period confirmed by the financial evaluation, the cost of implementation of the compensation is included in the financial budget and the allocation of earmarked funds.

Reimbursement shall be granted to the original units after the establishment of the mortgage power under the law or the acquisition of the land by the conservation measure, and the recovery or write-off of the document shall be communicated to the collateral or to the organ taking the measure of preservation.

Article 26 Removal of land or write-off of land approval documents involving the collection of collective land for farmers, which are disposed of according to the following:

(i) Unless expropriational compensation, land is owned by the owners of the collective land of the original farmers;

(ii) An expropriation indemnity shall be included in the Government reserve or be re-established by law; in that there is no improvement in the compensation process for the expropriation of landlords by the Government or the re-identification of the land-user in accordance with the existing criteria for the reimbursement of expropriation.

Article 27 reclaims of land or write-offs for the construction of land-use approval documents relating to housing demolitions in urban State land, which are dealt with in the following ways:

(i) The lack of housing demolition compensation and the use of land by the dispersed;

(ii) Removal of homes, which have been implemented, should be included in Government reserves or be re-established by law; in that they have not been completed, the Government may designate demolition agencies or re-established land-users to compensate the dispersioned, recover landless or write-off of the outstanding relocation costs incurred prior to the construction of land approval documents by the dislocated to the ex-combatant by law.

Chapter III Legal responsibility

Article 28 allows for the return of land and the non-performance of crop obligations by land units at the municipal, district and municipal levels of land administrations, which are subject to a fine of up to two times the land reclaims per square kilometre.

Article twenty-ninth units, in violation of article 24 of this approach, refuse to refer to land they actually occupied, are subject to the enforcement of the People's Court by the municipal, district-level land administration authorities and fines of up to $30 m2 per land.

Article 31: The land administration authorities and their law enforcement officials have one of the following acts, which are governed by the law by their units, superior administrative organs or inspection bodies, which are directly responsible for the administrative disposition of the competent and other persons directly responsible;

(i) The absence of regular inspections of land use conditions, which are serious;

(ii) In dealing with spousal land, it is not in accordance with the law to bring the relevant instruments to a serious situation;

(iii) Removal of land in violation of the statutory procedures or write-off of construction-use approval of documentation;

(iv) Other acts of negligence, abuse of authority, favouring private fraud.

Article 31 prevents land management staff from carrying out their official duties under the law, and is dealt with by public security authorities in accordance with the relevant provisions of the Law on the Safety and Security of the People's Republic of China; constitutes a crime and is held criminally by law.

Chapter IV

Article 32 The Homeless Land Disposal Approach, which came into effect on 1 June 2003, was repealed.