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Shenyang Land Reserve Way

Original Language Title: 沈阳市土地储备办法

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(Act No. 32 of 6 February 2004 No. 32 of the People's Government Order No.

Chapter I General
Article 1 regulates the land market and uses land fairly, in line with the relevant laws, regulations, such as the People's Republic of China Land Management Act and the People's Republic of China Urban Property Management Act, to develop this approach in the light of the prevailing circumstances of the city.
Article 2
Article 3 of this approach refers to land reserves that are stored in accordance with the requirements of the Government of the city, in accordance with the overall land-use planning and urban planning, in accordance with the requirements of land-use planning and urban planning.
Article IV The Urban Planning and Land Resources Authority is the administrative authority for land reserves in this city. The municipal land reserves are specifically responsible for land reserves.
Sectors such as municipal plans, town construction, housing and finance are governed by their respective responsibilities.
Chapter II Land reserve modalities and compensation
Article 5
Article 6. The planning nature of the construction of land and other land requiring reserves, such as real estate development, should be included in the Government's land reserve, with the storage of municipal land reserves.
Article 7. The transfer of land-use rights shall be free of charge in accordance with the law and shall not be compensated; other land-use rights shall be allocated for a reimbursable recovery reserve and shall be paid in accordance with the registry-based land-use assessment value, the land-use assessment net or residual value.
Registration is an industrial category where the land-use assessment for a portion of the residential or commercial construction area is planned to be higher than the industrial category, with a total of 40 per cent not exceeding the planned use on the basis of the industrial land-use assessment value.
Article 8. Reservations and compensation for the use of land-use rights to be obtained by means of a concession, lease, a discount unit, a price input and authorization for the operation:
(i) The right to land use expires on the expiry of the period of time, which is not approved by the provision for the duration of the extension or application of the extension period, is not subject to reimbursement for buildings on the ground, except as otherwise provided by the contract or the approval of the land disposal document.
(ii) The use of land-use rights that are not subject to the prior recovery of a reserve or from the concession, a discount unit, a price input, authorization for the operation, and compensation for the net value and value of the buildings on the ground for the remainder of the year; The contract otherwise agreed or otherwise provided by the Land Disposal Approval Document.
Article 9. The transfer of land-use rights in such a way as to be paid (including the transfer of land-use rights in the name of the sale of houses, with the exception of the home building, and the same) must be declared in accordance with the law to the land administration and, under the same conditions, the Government may give priority to the acquisition.
The transfer of land-use rights obtained through the allocation of land use must be submitted to the Government for approval in accordance with the authorization authority. The reserve and compensation shall be provided in accordance with Article 8 and shall not fall within the scope of the reserve and shall be governed by the law relating to land disposal. Unauthorized transfers, the sectors such as housing and land are not subject to procedures.
Article 10 Reimbursement for land reserves, in addition to compensation for land and housing under Articles 7, 8 and 9 of this approach, are governed by the relevant provisions of the Shen positive Urban Home demolition Management Scheme.
Article 11, as confirmed by law, shall be recovered in accordance with the relevant provisions in order to recover and be compensated for the implementation of the relevant provisions.
Article 12 is a collective land in the context of the reserve, which is made available in accordance with the law, and is subject to the relevant provisions of the State.
Article 13 The Land Reserve Programme, which was approved by the Government of the city, decided on land reserves to recover land-use rights within the land reserve.
Article 14. Lands, housing property rights in the context of land reserves, agreements with the municipal land reserve agencies for the settlement of land reserves within the time period specified in the land reserve decision, municipal land reserve institutions are reimbursed under the land reserve compensation agreement, and no reserve agreement shall be carried out in accordance with the relevant provisions of this scheme to assess the cost of relocation indemnity or to be implemented in accordance with the relevant provisions of the Shen Town Home demolition Management Scheme. Reimbursement costs are paid by municipal land reserves.
Chapter III Harmonization and use of land reserves
Article 15 provides for land with government reserves under this approach, which is organized by the Uniform Organization of the Urban Land Reserves for the development of pre-missions and provides net access after building conditions.
The supply of land reserves is carried out by the municipal land administration sector in accordance with the provisions of the State, the province and the city concerning the operation of the land.
Article 16 uses the land of the municipal land reserve agency to meet the reserves, including by leasing prior to the supply. Implementation was carried out after the approval of the Urban Land Administration.
The share of the proceeds from the use of reserve land is mainly used for urban infrastructure.
Article 17: The municipal land reserve agency is required to fund land reserve funds by reserve land mortgages, subject to approval by the municipal land administration and the processing of registration procedures as required.
The land of the reserve shall not be granted any other collateral other than the preceding paragraph.
Chapter IV Funds for land reserves
Article 18 Sources of land reserves:
(i) Financial allocations;
(ii) Bank loans;
(iii) Other sources of financing.
Article 19
(i) Reimbursement for land reserves;
(ii) Contingency of land reserves;
(iii) Use of land reserves and other costs.
Article 20 Costs such as land reserves, collation, use and management are filled by municipal land reserves, which are reviewed by the urban land administration sector, and the city's financial sector confirms, liquidates.
The financial management approach of land reserve funds is provided by the municipal finance sector with the municipal land administration.
Article 21 is in compliance with the law, legislation and regulations that, with the approval of the Government of the city, land-use rights must pay costs such as reserves, collation and management to municipal land reserve institutions. The cost of demolitions involving roads, green lands, etc., is governed by income and expenditure lines with the outwards of the supply-sided areas.
Chapter V Legal responsibility
Article 2 does not carry out the relevant procedures for the transfer of land-use rights, and the time limit for the municipal land administration is overhauled and the right to land is recovered by law.
Article 23 of the original land-use owner does not agree on the right to land use, on-site buildings or in violation of the agreement to deal with land-use rights, on-site buildings, and the municipal land reserve body has the right to require that its deadline be changed and compensated by agreement.
Article 24 states that the municipal land reserve institution does not agree to pay compensation under the land reserve compensation agreement, and the original land-use owner has the right to require the municipal land reserve agency to pay compensation and default compensation in accordance with the agreement.
Article 25 Staff members of the land reserve play a role in the abuse of their duties, in favour of private fraud, in seeking or receiving the benefits of the property of others, and in accordance with the circumstances, in order to give the appropriate administrative disposition; in the form of an offence, criminal liability is lawful.
Annex VI
Article 26
Article 27 of this approach is implemented effective 1 April 2004.