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Haikou City Land Reserve Way

Original Language Title: 海口市土地储备办法

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(Summit No. 41 of the Government of the People of the Sea of 12 May 2005 to consider the adoption of Decree No. 51 of 31 May 2005 on the People's Government Order No. 51 of 31 May 2005 on 15 June 2005)

Chapter I General
Article 1 strengthens land management and effectively protects arable land, enhances the Government's macro-controlled capacity in the land market, promotes the rational exploitation of land, and develops this approach in line with the National People's Republic of China Land Management Act and relevant legal provisions.
Article 2
Article III refers to land reserves referred to in this approach, which are based on the needs of the Government of the communes, which, in accordance with the overall land-use planning and urban planning requirements of land-use planning, recovery, acquisition, replacement, unity, management, unity of supply.
Article IV sets up a joint municipal land reserve system, and the joint municipal land reserve meeting is responsible for the consideration of major matters in the handling of land reserves.
The Urban Land Reserve Centre, under the guidance and supervision of municipal land administration authorities, specifically implements land reserves.
Relevant sectors such as urban planning, construction, housing, finance, audit, development and reform should be actively aligned with the work of land reserves in accordance with their respective responsibilities.
Chapter II Land reserves
The following land shall be reserved:
(i) State land not used in the city's administrative region;
(ii) Unless land recovered by law or recovered by means of a nuclear exchange of land;
(iii) The various types of unlawful land recovered after being treated by law;
(iv) The right to land use expires on land recovered by law;
(v) The land of the land of the landless owner within the city area;
(vi) The new building blocks levied by the Government of the city;
(vii) In order to implement urban planning, the Government of the city decides to recover or acquire State land;
(viii) The original transfer of land that is required for the removal, relocation, dissolution, insolvency, industrial restructuring or other reasons;
(ix) The Government of the urban population exercises the land acquired on a priority basis for purchasing power;
(x) The Government of the urban population adopts the land obtained;
(xi) Other national land requiring reserves.
Article 7. The Urban Land Reserve Centre shall establish a land reserve plan, in accordance with the requirements of the overall land-use planning and urban planning, with the approval of the Government of the city following a joint review of the municipal land reserve.
Article 8 is in line with the State's land set out in article 6, subparagraphs (i), (ii), (iii), (iv), (v), of this approach, and is directly incorporated into the land reserve reserve reserve by the Urban Land Reserve Centre.
Article 9 provides a planning reserve for rural collective land within urban land-building areas identified in the overall land-use planning. The Urban Land Contingency Centre will propose a planning reserve programme with the relevant sectors, based on urban construction planning and planning, to be reviewed at a joint meeting of municipal land reserves and implemented with the approval of the Government of the city.
Planning of land reserves is included in the land reserve reserve by the municipal land administration authorities after the land-use annual plan for the transfer of farmland and the collection of clearance procedures.
The land planning reserve is subject to planning control. The units concerned may not conduct the approval process for the planning of land in the context of the planning control and the construction of the project.
Article 10 requires the recovery of land allocation due to the dissolution, insolvency and industrial restructuring of urban planning or units, and the recovery of land tenure rights by the municipal land administration authorities, in accordance with the regulations, and the inclusion of land reserve reserves.
As a result of the relocation of units, the removal of land has stopped the use of previously allocated land, which is being recovered by the municipal land administration authorities after the required copies of the land reserve.
In accordance with paragraph 1 of this article, the right to land shall be recovered and the right to land shall be given adequate compensation to the owner and the person concerned.
Article 11. The right to land use in a manner involving compensation or transfer cannot be recovered in accordance with the law, as required by this approach, as a result of the implementation of urban planning or the Government's adaptation to the needs of the Authority.
In the event of the land transactions described below, under the same conditions, after the approval of the Government of the people of the city, the Urban Land Reserve Centre has given priority to buying:
(i) The Court determines the land for which the debt is owed;
(ii) Referred areas;
(iii) Business conversion of land;
(iv) Places for rural enterprises;
(v) Other land that may be acquired as a priority.
Article 13 uses land reserves in the form of recovery and acquisition, and is handled by the Urban Land Reserve Centre in accordance with the following procedures:
(i) Identify the targets for land recovery or acquisition and conduct field surveys and verification of land-related circumstances.
(ii) A calculation of the land to be recovered or acquired and the costs of its buildings, the value attached to the content and the removal, resettlement and resettlement.
(iii) Development of programmes for the recovery or acquisition of land to be submitted to the Government for approval.
(iv) After the approval of the programme for the recovery or acquisition of land, the National Land-Use Acquisition contract or the Removation of a State-owned Land Transfer Reimbursement Reimbursement contract have been concluded and the costs incurred for the recovery or acquisition of land are paid to the original land-use holder.
(v) The registration of land changes and the integration of land reserve reserves.
Article 14. Reimbursement of the right to land use in a way that is reimbursed by 60 per cent of the current value of the assessment; its buildings are attached to the material component and are compensated for the net value of the depreciation of the same type of buildings at the same time.
The right to land for recovery or acquisition in a manner that is reimbursable or transferred shall be compensated by the assessment of the current value; its buildings are attached to the market assessment price.
There is a need to break out, in accordance with national legislation and the relevant provisions of this approach.
Article 15 implements land reserves in a way that is to be carried out in accordance with the principles of equality and voluntaryness, and shall enter into a land-for-removal agreement, in consultation with the parties, to inform the Government of the city of their approval.
Article 16 provides that public utilities and non-operational public facilities and facilities should be integrated into land reserve management, except where land-use rights have been registered.
Article 17 is included in the scope of the planning reserve and in the process of confiscation, which may be used on a temporary basis by the original landowner or the user.
When the Government needs to use the land specified in the preceding paragraph, the owner or the right to use the land shall be returned unconditionally, attaching to the material and young people without compensation.
Chapter III Priorities for the development of a reserve land
Article 18 Reserves are organized by the Urban Land Contingency Centre for the Development of the Pre-Octure Organization and can be supplied by building the conditions of the land.
The prior development of a reserve land should promote value-added land and the rational use of science, in accordance with national economic development planning, overall land-use planning and urban planning.
Article 19 Development of plots of land, with the approval of the Government of the communes, can be implemented, including by commissioning and cooperating development.
Article 20 Development of a single-building project reserve land may be commissioned by the Urban Land Reserve Centre, including through open tendering plans.
Article 21, the Government of the city may transfer reserve land to designated State-owned companies for development and ensure value added for reserves.
Chapter IV Supply of land reserves
Article 2, paragraph 2, should uphold the principle of control over the total amount, limitation of additionality, living stock, introduction of planned management and guarantee effective government control over the land market.
The supply of land reserves should give priority to the protection of priority areas.
Article 23 on reserves of land is provided by law by municipal land administration authorities.
The municipal land administration authorities can take a project-linked approach to land land reserves that have developed project planning and planning programmes.
The supply of land reserves should be in line with urban planning.
Prior to the availability of land reserves, the municipal land administration authorities should seek the views of the municipal urban planning administrative authorities to clarify the conditions for the design of land-use planning.
Chapter V
Article 25 establishes a land reserve fund for the collection of land reserves for government reserves (using), recovery, acquisition and pre-development of land.
The land reserve funds are administered by a financial exclusive, closed operation, rolling development and are subject to audit oversight by the auditing authority.
Article 26
(i) The municipal financial allocation of funds for the start-up of land reserves;
(ii) A reserve land of 30 per cent of the proceeds;
(iii) Conservation of land mortgages or credits of quality of land earnings;
(iv) Other income to be included in land reserve funds;
(v) Interest income arising from the above-mentioned funds.
Reservations are confirmed by the municipal financial sector. The city's financial sector should allocate funds and land reserves costs in a timely manner.
Article 27, when land reserve funds are not able to meet the needs of the land development collation operations, the city's people can be financed through cooperation, joint battalions, entry units, issuance of land bonds, establishment of land funds.
Article 28 ICRM should report on land collection (uses), recovery, acquisition, development of pooled funds and the collection of income from reserves on a regular basis to the Joint Conference on Land Reserves of the city and receive guidance and oversight from the joint meeting of the municipal land reserve.
Chapter VI Legal responsibility
Article 29 does not provide for the payment of the cost of land acquisition compensation, and the original landowner has the right to cancel the land acquisition contract by law.
Article 33 The original landowner does not deliver land and land buildings, consignments, or, in the delivery of the land, has been able to dispose of the building on the land and the accompanying material, and the Urban Land Reserve Centre has the right to require its transformation and to continue the implementation of the land acquisition contract and may require the former landowner to compensate for the corresponding economic losses.
Article 31, in violation of this approach, denied access to land acquisition reserves without prejudice to the implementation of the acquisition of land programmes.
Article 32 allows for the occupation and disposal of reserve land, which is illegally occupied by the municipal land administration authorities, causing losses and pays liability under the law.
Article 33, Staff in land reserves play a role in the abuse of their functions or in favour of private fraud, bribes, which constitute criminal responsibility under the law, and not constitute a crime and provide administrative penalties accordingly.
Chapter VII
The specific application of this approach is explained by the Urban Land Resources Agency.
Article 55 of this approach is implemented effective 15 June 2005. The Land Consequences of the Sea, issued on 5 December 2001, was also repealed.