Shenyang Land Reserve Way

Original Language Title: 沈阳市土地储备办法

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(February 6, 2004, Shenyang city people's Government promulgated as of April 1, 2004, 32nd) Chapter I General provisions article I-implementation of the master plan, standardize the land market and rational use of land, according to the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Second city planning land reserves in the region, these measures shall apply.
    Article III land reserves in these measures refers to municipal people's Government on the basis of needs of socio-economic development, in accordance with the requirements of general land use planning and urban planning, acquisitions of State-owned land to recover, and on the collective behavior of the land requisitioned shall be stored. Fourth city planning and land resources Bureau is the Administrative Department of the municipality on land reserve.
    Urban land reserve institution specifically responsible for the work of land reserve.
    City planning, construction, real estate, finance and other departments according to their respective functions, do relevant work of land reserve.
    Chapter II reserves fifth of municipal land reserve management and compensation should be based on the city's socio-economic development and urban construction needs, in accordance with the requirements of general land use planning and urban planning, developing medium and long-term and annual plans for land reserve, submitted to the municipal people's Government for approval.
    Sixth planning properties real estate development business of construction land and other needs should be integrated into the Government reserve land bank, the municipal land reserve institution and reserve.
    Article seventh allocated land-use right according to law shall be free to withdraw, to free recover reserve without compensation; allocated land to pay back other reserves, and land evaluation for registration purposes value, the assessed value or the residual value of the building on the ground and be compensated.
    Registered uses for industrial, planning for residential or commercial construction land part of the assessment of land values higher than the industry's, according to industrial land assessed values on the basis of, plus no more than planned usage portion of 40% higher compensation.
    Eighth article on transfer, and rental, and folding unit, and pricing input, and authorized business way made of land right, by following way for reserves and compensation: (a) using term expires land right people not by provides application continued period or application continued period not was approved of, land right to free recovered way reserves, ground buildings not compensation, contract another has agreed or land disposal approved file another has provides of except. (Ii) using term not full to ahead of recovered way reserves or to transfer, and folding unit, and pricing input, and authorized business way made of land right of, by remaining years period land right assessment value and ground buildings net of and be compensation; to rental way made land right of, since Government reserves decided issued of day up, rental contract or approved file itself abolition, recovery for allocated with to, and by allocated with to be compensation.
    Otherwise stipulated in the contract unless otherwise provided the approval documents or land disposal.
    Nineth transfer paid leasing to obtain land-use rights (including in the name of selling houses, and the transfer of land use rights, except in residential buildings, the same below), must be declared to the land management transfer prices, under the same conditions, the Government may be preference stock. Transfer to transfer acquired land use rights must be according to the approving authority approval of Governments. Belonging to the reserve range, should be reserved under article eighth and compensation; not part of the reserve range, approved by the Government in accordance with the law on land disposal and approval procedures.
    Unauthorised transfer, real estate, land and other service not to go through the relevant formalities.
    Tenth land compensation, except in accordance with the article seventh, eighth and Nineth provides for compensation for land and housing, compensation for other expenses in accordance with the relevant provisions of the urban housing units management process.
    11th article being legally recognized as an unused State-owned land, according to the relevant provisions should be recovered, to recover its reserves, should be compensated, in accordance with the relevant provisions.
    12th belongs to the collective land within the reserve, reserve in a lawful manner, compensation according to the relevant State provisions. 13th of municipal land banking institutions to develop land reserve scheme, approved by the municipality on land reserve management, submitted to the municipal people's Government.
    After the land bank programme approved by the municipal people's Government, issued a land reserve decision and land within the reserve land. 14th article land reserves range within of land, and housing property people, in land reserves decided provides of term within, and city land reserves institutions signed set land reserves compensation agreement, city land reserves institutions by land reserves compensation agreement for compensation; up not reserves agreement of, by this approach about provides assessment determine demolition compensation costs, or by Shenyang city housing demolition management approach of about provides implementation.
    Urban land reserve institution and pay compensation.
    Chapter III reserve land consolidation and 15th according to the method provided by land reserved by the Government, the municipal land reserve for the Organization for the harmonization of land development and consolidation, forming supply conditions in a clear manner the construction.
    Supply of reserve land by the land administration Department in accordance with national, provincial and municipal operating regulations of the land. 16th section land reserve institution dealing with reserve lands in the supply of rental or any other means before use.
    Using programme submitted to the municipal land administration departments for approval.
    Proceeds from the use of the reserve land turned over to the financial, mainly used in the construction of urban infrastructure.
    17th municipality on land reserve mechanism is needed to reserve the land mortgage financing for land reserves, shall be reported to the approval of the city's land administration Department, and in accordance with the provisions on registration procedures.
    Reserve lands shall not set up any collateral other than the provisions of the preceding paragraph.
    18th reserve capital the fourth chapter Land Bank funding: (a) the financial allocation, (ii) Bank loan, (iii) other sources of funding.
    19th land reserve fund for the following purposes: (a) the land compensation fees; (b) land reserves and arrangement fees, (iii) use of land reserves, administration and other costs. 20th of municipal land reserve management Department reserve land the proceeds should be paid into a special financial account.
    Land reserves, arranging, and management costs by the municipality on land reserve institution columns statements, by the municipal land administration review, submitted to the municipal financial Department, liquidation.
    Land bank financial management of the funds by the Municipal Finance Department in conjunction with the city's land administration Department separately. 21st in accordance with laws and regulations, approved by the Municipal Government to allocate supply of reserve land, land must be paid to the municipality on land reserve institution reserves, sorting and management costs.
    Involving road, Green Municipal demolition costs and available land for construction of two lines of income and expenditure management of transfer income.
    Fifth chapter legal liability article 22nd did not perform the formalities of unauthorized transfers of land use rights, land administrative departments of rectification fails, resumption of land use right according to law.
    Article 23rd land under land compensation agreement to deliver land, buildings or violation of the agreement on land use rights, buildings for other treatment, municipal land reserve institution is entitled to claim it within a time limit and according to the compensation agreement.
    24th of municipal land reserve does not pay compensation fees for land compensation agreement, the land has the right to request that the municipality on land reserve institution in agreement to pay compensation fees and liquidated damages.
    25th land reserve neglects his duty, abuse of power, favoritism, solicit or accept someone else's property for an individual or for the benefit of others, depending on the seriousness of the corresponding administrative sanction constitutes a crime, criminal responsibility shall be investigated according to law.
    The sixth chapter supplementary articles article 26th district (municipal) Government reserve land in accordance with the measures implemented.
                    27th article this way come into force on April 1, 2004.

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