Key Benefits:
(Act No. 153 of 5 June 2006 of the People's Government Order No. 153 of 5 June 2006 on 1 August 2006) Chapter I General Article 1 strengthens land management, rationalizes land resources, enhances the Government's macro-controlled land market, and develops this approach in line with the relevant laws, regulations and regulations. Article 2 Article III refers to land reserves referred to in this approach, which are stored by the municipal land reserve institutions, in accordance with the provisions of this approach, by law, through the collection, transfer, recovery, acquisition, replacement, and the necessary collation and day-to-day management, and to the delivery of land for use in accordance with the annual land supply plan. Article IV. The management of land reserves should be guided by the principles of accountability, reasonable use and regulation. Article 5 Municipal land management is the competent authority for municipal land reserves (hereinafter referred to as the authorities). The authorities should develop annual land reserve plans and medium- and long-term land reserve plans based on the overall land-use planning, urban overall planning, urban near-term construction planning, land-use planning and land supply plans and the realities of land resource utilization. The annual land reserve plan and the medium- and long-term land reserve plan require appropriate adjustments and should be submitted to the municipalities for approval. Article 6. The municipal land reserve body is the arsenal of municipal land reserves to perform the following functions: (i) To organize a survey on the situation of land demand for land throughout the city, based on the planning for economic and social development of the city's nationals and recent urban construction planning, and to provide services for the preparation of land reserve plans for the Government's functional sectors; (ii) The development of land acquisition programmes in accordance with the land reserve plan, followed by approval; (iii) Responsible for storage management of land acquired by the Government by law, such as leasing, reclaiming, acquisition, replacement, and delivery of land in accordance with the annual land supply plan; (iv) Mobilization and provision of land reserve funds; (v) Other work related to land reserves. Chapter II Land reserves Article 7. The following State land shall be included in land reserves: (i) The Government has not been allowed after the collection; (ii) Urbanization in the treasury, lobbied areas to build-ups in the State; (iii) The Government has recovered by law; (iv) Government acquisitions by means of acquisition; (v) The Government has obtained in a way of change; (vi) Exhumation, placing of the sea has not been allowed; (vii) Other requirements for reserves. Planning has identified land for agricultural land, forest land, urban parks, peripheral parks, water treasury, watersheds, rivers and sea slack management, and has been identified as being transferred to the relevant government departments to not include land reserves. Article 8. (i) Non-commercial land, including industrial land, warehousing logistics, etc., as a result of the adjustment of urban planning, is to be purchased for commercial, residential, office, hotels, etc.; (ii) To buy for the implementation of urban planning; (iii) Applications for acquisitions based on land-use rights; (iv) The Government exercises priority acquisitions in land-use transfer; (v) State-owned enterprises need to be purchased; (vi) Improvements in the old urban areas require acquisition; (vii) Other requirements for acquisition. Article 9. Land acquisition is carried out by the municipal land reserve agency. In the event of acquisition of land reserves, the municipal land reserve institutions should develop specific land-based acquisition programmes based on the annual land reserve plan, with the approval of implementation by the authorities. Article 10. Upon approval of the acquisition programme, the municipal land reserve body shall enter into a national land-use acquisition contract with the original land-use rights owner. Article 11. The land-use transfer price is lower than the average base of the same period, and the municipal government may give priority to buying a national land-use acquisition contract by the municipal land reserve agency at the transfer price. Within one working day after the entry into force of the State Land Rights Acquisition contract, the municipal land reserve body informed the Land Registration Agency in writing of the registration of the original property rights of the acquired land. Chapter III Management of reserve land Article 13 provides a survey of the location of the reserve land, area, origin, land use, ground construction (construction) and other accompanying material, the establishment of a reserve land file and deposit, the strict application of the reserve land credit system and dynamic management. Urban land reserves should be sent regularly to the authorities for the storage of land archives and desktops, and the authorities should establish a market-wide land reserve management information system and share resources with the relevant sectors. Article 14. The municipal land reserve body may own responsibility for the collation and day-to-day management of the land reserve, or may determine the commissioning units through tendering. The competent authorities should establish tender rules and monitor tendering. The reserve land entrusts the management contract with the use of the uniformed contractual text, which is validated by the municipal authorities' rule of law. Article 15. Harmonization and day-to-day management of reserves include: (i) The establishment of border logs, markers, peripheral networks to carry out the necessary simple greening; (ii) Conduct daily patrols to detect and stop unlawful appropriation and destruction of land reserves in a timely manner; (iii) Managing and protecting municipal facilities, infrastructure and other reimbursed economic crops, constructions, etc. on land reserves; (iv) The introduction of security protection measures against dangerous plots and the establishment of warning cards; (v) Other day-to-day management related to reserve land. Article 16, subject to the successful implementation of urban planning and annual land supply plans, and with the approval of the authorities, municipal land reserve institutions can make short and reasonable use of reserve land (hereinafter referred to as short-term use). Short-term land use is not required for the storage of land. Short-term land use can only be used for public movement sites, social vehicle parking, not more than one year. In the short term, permanent buildings cannot be constructed. The use of reserve land in temporary and temporary buildings is governed by relevant laws, regulations and regulations. Article 17 The municipal land reserve institutions should be ready to work on land supply plans. Chapter IV Funds and funds for land reserves Article 18 provides for land reserve funds for land acquisition and land reserve management. Funds for land reserves have been established in financial terms, with two line managements of income and expenditure, and are guided and monitored by the municipal financial sector. The municipal audit department conducts audit supervision of the mobilization, management and use of land reserve funds in accordance with the law. Article 19 Sources of land reserve funds are mainly: (i) Financed capital reserve funds; (ii) Specific funds allocated for land reserves (including the Lands Fund); (iii) Funding through bank loans or other means of financing; (iv) The proceeds of the land reserve operation; (v) Short-term land use benefits. Article 20 Incomes from the urbanization of the two axes should be paid in full to the accounts of the “Final Government-Final Zone Transfer” and the “Financing of the city-Brone” account. The transfer funds account has been given priority to repayment of bank loans, and the remaining funds can be allocated for the management of the reland reserves. Article 21, the municipal land reserve agency may propose a programme for the financing of land reserves to financial institutions based on the needs of the land reserve plan, which, with the consent of the authorities and the review of the city's financial sector, is reviewed by the municipality. Article 2 Article 23 provides for the day-to-day office of the municipal land reserve agency and operational funds from the provision of the municipal finance sector budget. Article 24 provides for the management, operation, short-term utilization of the necessary funds and associated management costs incurred and may be financed from land reserve funds after approval by the municipal financial sector. Chapter V Legal responsibility Article 25 The municipal land reserve institutions and the delegated management units have found that there is a violation of the land, illegal construction, devastation of deforestation, excess of the prescribed emission of pollutants, incested residues, garbage, etc., which should be stopped and reported in a timely manner by the territorial Government and the relevant functional sectors. After the reports received from the authorities and the relevant functional sectors, measures should be taken in a timely manner and be processed in accordance with the law. Measures to be taken are inconsistency, with grave consequences, and to hold the executive responsibility of the responsible person under the law; they constitute a crime and hold criminal responsibility under the law. Article 26 The competent authorities shall effectively perform the management oversight function of the reserve land, which causes serious consequences, and hold the responsibility of the responsible person in accordance with the law. Article 27 regulates land reserves by law and ensures the smooth implementation of land supply plans, which have a significant impact on economic losses as a result of the fault of municipal land reserve institutions, and should be held accountable under the law. Article 28 Abuse of authority or access to office facilities by the competent authorities and the staff of the municipal land reserve institutions, requests for or unlawful receipt of the property of others, and is subject to administrative disposition by law; constitutes an offence punishable by law. Article 29 prohibits the exclusion, exclusion and misappropriation of land reserves funds and provides administrative disposal in violation of provisions in the use of land reserve funds, which constitutes criminal liability under the law. Annex VI Article 33 The authorities shall establish specific implementation rules for the management of land reserves and land acquisitions in accordance with this approach, and shall develop a management approach to land reserve funds with the municipal financial sector. Article 31 is implemented effective 1 August 2006. |
