Rules Of Shenzhen Municipality On Land Reserve Management

Original Language Title: 深圳市土地储备管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(June 5, 2006 153th, promulgated by the people's Government of Shenzhen City as of August 1, 2006) Chapter I General provisions article to strengthen land management, rational distribution of land resources, enhance macro-control of the Government of the land market, according to the relevant laws and regulations, combined with the practical, the formulation of the approach.
    Article management of reserve land within the city limits, these measures shall apply.
    Article III land reserves in these measures refers to municipal land reserve in accordance with the regulations, is imposed by the Government in accordance with law, transfer, recovery, acquisitions, replacement of land made for storage, and make the necessary consolidation and ongoing management, delivered according to annual land supply plans for action.
    Fourth article this urban reserve land reserve and unified, unified management.
    Selves to be followed, the rational utilization of land reserve management, standardized and open manner.
    Article fifth municipal land administration, land reserves, is in charge of departments (hereinafter referred to as departments).
    Competent authorities shall, in accordance with the overall land use planning recent construction, urban planning, urban planning, land-use planning and land supply plans and actual situation of land resources use in formulating annual land bank plan and long term land bank plan, after the approval of the municipal government organizations.
    Annual plan of land reserve and medium-and long-term land banking schemes need to be appropriately adjusted, should be reported to the municipality for approval. Sixth article city land reserves institutions is city land reserves of hosted institutions, perform following duties: (a) according to this city economy and social development planning, and city recently construction planning, organization on city land supply and demand status of survey, for government functions sector prepared land reserves plans provides service; (ii) according to land reserves plans developed land acquisition programme, by approved Hou organization implementation; (three) is responsible for on government law through levy, and turned to, and recovered, and acquisition, and replacement, way made of land for reserves management,
    Delivered according to the annual land supply plan; (d) is responsible for the collection and the use of land reserves; (v) other land-related work.
    Second chapter land reserves seventh article following State-owned land should into land reserves: (a) Government unified levy Hou yet transfer of; (ii) Baoan, and Longgang two district urbanization to state-owned of can construction with to; (three) Government Law recovered of; (four) Government to acquisition way made of; (five) Government to replacement way made of; (six) dug mountain, and fill sea formed yet transfer of; (seven) other need reserves of.
    Planning has been identified as agricultural land, forest land, city parks, country parks, reservoirs, water source protection areas, River and sea walls within the scope of control of the land, and transferred to relevant government departments have been identified, and does not include land reserves.
    Eighth article Government acquisition of land including: (a) for city planning of adjustment, non-business sex with to, including industrial with to, and warehouse logistics with to,, to commercial, and residential, and Office, and hotel, business sex uses need acquisition of; (ii) for implementation city planning need acquisition of; (three) according to land right people application acquisition of; (four) land right transfer in the Government exercise priority purchase right acquisition of; (five) State-owned enterprise restructuring need acquisition of; (six) old city transformation need acquisition of;
    (VII) other acquisitions.
    Nineth land by the municipality on land reserve and purchase institutions consistent implementation.
    To take over reserve land, land reserve institution shall, according to the annual plan, development of specific plots of land acquisition programme, after review by the competent authority, reported that the municipal government approved for implementation.
    Tenth bid was approved, the municipality on land reserve institution should be signed with the original land of State-owned land use right acquisition contract.
    11th transfer of land price is lower than the announcement of standard land price in the same period, the City Government will be given priority to buy by the municipal land reserve institution in accordance with the transfer price signed with the land of State-owned land use right acquisition contract.
    12th State-owned land use right acquisition within one business day of the contract, urban land reserve institution written notice cancellation of the land registration office acquired the original of land property rights registration.
    Chapter III administration of reserve land the 13th municipal land reserve institution of reserve lands by location, size, source, land-use, build (structures) and other attachments, such as investigating land records and accounting for reserves, strict application of the reserve lands into the library system, the dynamic management.
    Urban land reserve institution should regularly reserve land records and accounts submitted to the competent authority, the competent authorities shall establish a land reserve management information system in the city, and sharing resources with relevant departments.
    14th municipality on land reserve institution can be responsible for reserve land consolidation and ongoing management, management unit can be determined by way of tender.
    Bidding rules or authorities shall supervise and manage the bidding.
    Reserve land management contracts should be used by legal departments audited consolidated contract.
    15th article reserves land of regulation and daily management including: (a) established pillar, and logo brand, and fence, for necessary of simple green; (ii) carried out daily patrol, timely found and stop illegal occupation, and damage reserves land of behavior; (three) management and protection reserves land Shang of municipal facilities, and based facilities and other has compensation of cash crops, and structures,; (four) on dangerous plots take security protection measures, set warning brand; (five) other and reserves land related of daily management work. 16th in city planning, the annual land supply plan the smooth implementation of the premise, approved by the competent authorities, municipal land reserve institution can be short-term rational use of reserve land (hereinafter referred to as short-term use).
    Short-term use of reserve land without the reserve lands out formalities. Short-term use of reserve land only for public sports facilities and social parking purposes, periods of not more than one year.
    During short-term use, not to build permanent structures.
    Provisional and temporary occupation of reserve land in accordance with the relevant laws, regulations and rules of procedure.
    17th municipal land reserve institution should be based on the land supply plan ready for work.
    Fourth chapter 18th reserve funds and funding arrangements of the municipal government land reserve fund for use in land acquisition and land management.
    Land reserve fund set up in the financial account, the two lines of income and expenditure management, acceptance, guidance and supervision in the financial sector.
    Auditing departments shall reserve, fund raising, management and use of audit and supervision.
    Article 19th reserve funding sources are: (a) financial capital allocated land reserves, (ii) Finance (including the Land Fund) special funds allocated by the land reserve; (c) the funds raised through bank loans or other financing; (d) the land reserve in the operation of the income; (e) short-term use of reserve land gains. 20th Baoan and Longgang districts urbanization transfer of the income should be paid in full, "municipal district,-transfer of funds" account and a "city-town, Longgang District, go to fund" accounts.
    Go to fund account funding priority to repay Bank loans, remaining funds can arrange for transfer to reserves management.
    21st urban land reserve institution according to the land bank plan needs, offered to financial institutions raising funds for land reserve programme, agreed by the authorities after examination and report to the Municipal Finance Department, reported that the municipal government approval.
    22nd reserve land operation earnings and short-term income trust-Bank collecting system, receipts go directly to special financial account.
    23rd municipality on land reserve institution routine office expenses and sources of operating funds in the Municipal Finance Department in departmental budgets funding arrangements.
    The 24th reserve land management, operations, short-term use of the necessary funds and the related administrative costs, Municipal Finance Department for examination and approval, from the land reserve fund expenditures.
    Fifth chapter legal responsibility the 25th municipal land reserve institution and principal management units found on reserve land illegal land use, illegal construction, felling trees, exceeding the prescribed standard emission, dumping clay sediment, garbage and other acts shall be prevented and reported area and relevant functional departments of the Government. Jurisdictions and relevant functional departments of the Government after receiving the report, shall promptly take measures and dealt with according to law.
    Taking inadequate measures, resulting in serious consequences shall be investigated for criminal responsibility of administrative responsibility constitutes a crime, criminal responsibility shall be investigated according to law.
    26th the supervisory departments should carry out the management of reserve lands oversight functions, due to lack of supervision, resulting in serious consequences, shall be the responsibility of those responsible.
    27th of municipal land reserve institution imposed by law on reserve land management, ensure the smooth implementation of the land supply plan, fault of their municipality on land reserve institution staff have a significant impact and the economic loss, should hold those responsible accountable according to law.
    28th the supervisory departments and municipal land reserve institution of personnel who abuse their power or duties, solicit or illegally accepting other people's property, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    29th intercept or appropriate or divert the land reserve is strictly prohibited, in the use of land reserves in the process of breaking the rules, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    The sixth chapter supplementary articles article 30th competent departments shall, in accordance with the measures to develop reserve land management and the specific implementing rules for acquisition of land, and together with the municipal financial Department to develop land reserve money management approach.
        31st article this way come into effect on August 1, 2006.

Related Laws