Yinchuan City Land Reserve Management Practices

Original Language Title: 银川市土地储备管理办法

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  Chapter I General provisions article perfecting land reserve system and intensifying the land control, standardize the land market and promote land saving and intensive use, improve building protection capacities and levels of urban land management, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

Second, Xingqing district, jinfeng district, xixia district of the land within reserves and its management, these measures shall apply.

Land reserves in these measures refers to municipal people's Government shall obtain the land, engaged in land development and consolidation, storage for supply in the early acts.

Article III land reserves should be unified planning, unified storage, consolidation, centralized management, unified supply, improve the level of land saving and intensive use.

In addition to national, State, and municipal people's Governments identified priority sites, without a reserve supply of land are not allowed. Fourth municipal people's Government in accordance with the management work of land reserve.

Land banking sector is responsible for establishing municipal district land purchase plans, land purchase, sorting, management, supply and land reserve.

City development and reform, financial, land and natural resources, planning, housing and urban-rural construction, urban management, supervision and auditing departments and all district people's Government in accordance with their respective responsibilities, to land reserve related work.

Municipal land reserve Department can organize relevant units to the work of land reserve.

Article fifth land storage, collation, management, supply such costs should be included in cost of land reserves.

Chapter II plans article sixth municipality on land reserve and Management Department shall, in conjunction with the municipal development and reform, financial, planning, land and resources department in accordance with the national economic and social development planning, urban planning, land use planning, land-use planning and land supply and demand situation of the market, preparation of annual land bank plan, submitted to the municipal people's Government for approval before implementation.

Article seventh annual land bank plan should include the following: (a) scale of reserve lands;

(B) the early reserve land development scale;

(C) scale of reserve land;

(D) the planned size of reserve land at the end of the year; (e) the temporary use of reserve land plans; (vi) land reserves capital budgeting and financing plans; (g) reserves revenue forecast of land supply.

Eighth of municipal land reserve and reserve sector implementation of land planning, project implementation plans shall be prepared, upon approval by the municipal people's Government, as a basis for relevant examination and approval procedures. Not included in the annual land reserve and land supply plan, not for reserves and supply. 

Need to adjust land reserves and supply plan, and submitted to the municipal people's Government.

Nineth land reserve project implementation plan should include the following: (a) project overview (ii) project planning condition and (iii) land-main content of early development (iv) cost accounting; (e) funding plan; (vi) other matters of note.

Third chapter range and program tenth article following land can into land reserves range: (a) law recovered of State-owned land; (ii) for implementation city planning and into annual land reserves plans, implementation acquisition of State-owned construction with to; (three) Government exercise priority purchase right made of land; (four) to allocated or transfer, way made of non-business sex with to and industrial with to, according to city planning land uses change for commercial, and tourism, and entertainment and commodity residential, business sex with to of land;

(E) the allocation or assignment made of non-operating land and urban planning change use of land for industrial use, (vi) has been land of farmland conversion and land requisition approval; (VII) other lawfully obtained the land.

Article 11th to withdraw the article tenth part (a) of State-owned land, land and resources Department for cancellation of registration, formalities, by the urban land banking sector into the reserves. 12th reserve Article tenth of this approach (b) through (e) of State-owned land, land reserve formalities in accordance with the following procedure: (a) comply with article tenth of this approach (b) States, bought by the City Department of land reserves is going as planned.

Subject to subsection (c), (d), (e) the provision, by the former State-owned construction land use right to the land bank departments offer, (ii) municipal land reserve Department after receiving the application, field investigation to verify the proposed reserve land and its attachments;

(C) after investigation and verification of land reserve, municipal land reserve Department applied to the City Planning Department provides for reserve land planning advice; (Four) city land reserves sector in made planning views Hou, select corresponding qualification of assessment institutions on intends reserves of land and attached real for assessment; (five) city land reserves sector according to assessment results developed land storage programme, by city land resources, and financial, and audit, sector audit Hou, by City Government approved; (six) land storage programme by City Government approved Hou, city land reserves sector and original land right people signed state-owned land right acquisition contract, in two months within made compensation decided,

Cover the acquisition costs and the resumption of land by the regulation;

(G) after the Municipal Department of land resumption,, Department of land and resources, to cancel the original registration of land, resumption of land included in the reserve. 13th transfer of State-owned land-use rights transfer shall faithfully report the price on both sides. Municipal land and resources departments shall verify the declared value and registration, land reserves, and communicated to departments. Where the declared price significantly lower than the market price of land transfer, City Department of land reserve pursuant to the relevant laws and regulations on behalf of municipal people's Government exercise of preemptive rights.

To refuse without authorization by the Government takeover, city land resources department must not register the transfer. Article 14th in the annual plan of land reserve land by the municipal land and resources departments responsible for approval procedures, City Department of land reserves to raise funds, jurisdiction shall be responsible for organizing the implementation of land expropriation and compensation and resettlement work.

After the end of the land, by the urban land banking sector into the reserves.

15th reserve lands should go through the land ownership certificate, reserve land supply should be withdrawn before land ownership certificate; the establishment of mortgage of the land, should be the right of discharge.

The fourth chapter development and utilization, land Department, 16th to early development under reserve land consolidation, management, temporary uses and financing activities.

17th reserve early land development related to roads, water supply, power supply, gas supply, drainage, communications, lighting, landscaping, land leveling and other infrastructure construction, in accordance with the relevant provisions, select project implementation units through public bidding. Before the 18th reserve lands does not supply, Municipal Department of land on reserve lands and build (structure) be utilized by rental, temporary use or any other means. Temporary use of reserve land for setting up the mortgage and shall obtain the consent.

Temporary use of reserve land, there is generally no more than two years, and cannot influence the supply of land. 19th of municipal land banking sector should be included in the reserve land management.

In reserve land within the protective and warning signs, carry out routine inspections to stop the illegal acts of embezzlement, destruction of reserve land, the focus should be targeted care.

The management of reserve land can be taken of a delegate. Fifth chapter 20th reserve land completed pre-development land supply finishing should be incorporated into the plan for land supply.

Municipal Department of land and resources in developing the provision of reserve land before the programme, shall be made in writing to the municipality on land reserve sector consult availability for conditions. 21st of municipal land and resources departments should be on the land (transfer) within 5 working days after the contract is signed, to the municipal land reserve Department Notice of the reserve land.

Municipal Department of land reserves in accordance with the notification of reserve land reserve lands out formalities in time, reserve land surrender of land and supply unit signed a reserve land and land transfer agreement.

Sixth chapter funds management 22nd article land reserves sources including: (a) city financial from has supply reserves land produced of land transfer income in the arrangements of levy land costs and land early development, and management costs, reserves land process in the occurred of related costs; (ii) city financial from land transfer income in the extraction of funds, on not by reserves directly to market of with to, by land total price 5% extraction, on by reserves to market of with to, by land returns 25% extraction;  

(C) the temporary use of reserve land revenue; (d) borrowing Bank loans and other loans from financial institutions; (v) interest income and other funds. 23rd of municipal land banking sector should apply for loans from banks and other financial institutions for secured loan, mortgage loans must have a legitimate land use permits; borrowing loans, shall reserve plan, and annual land bank funds project budgets are connected, and reported to the Municipal Finance Department, not more planning, hyper-scale loans.

Land reserve earmarked, closed management should be implemented, not to misappropriate.

Municipal land reserve authorities should strengthen financial risk management, may not in any form of guarantees to third parties.

The seventh chapter legal liability article 24th municipality on land reserve and related management and staff in the work of land reserve in neglect, abuse, deception, shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs. 25th article of the approach of the eighth chapter schedule as of May 18, 2015. Municipal people's Government on May 1, 2002 the purpose of the yinchuan city land reserve pilot scheme (municipal 125th) repealed simultaneously.