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Several Suggestions about Further Strengthening Land Management and Raising the Level of Land-related Business Operations
PubTime:09-11-26 01:41:00

 

People’s governments of all counties and districts, management committees of all development zones (new districts), all relevant entities directly governed by the municipal government:

Notice Printed and Distributed by People’s Government of Nanchang City Concerning Several Suggestions about Further Strengthening Land Management and Raising the Level of Land-related Business Operations has been approved by the Municipal Government and will be printed and distributed to you now. Please carefully follow this notice.

25-Dec-2008

 

Several Suggestions by People’s Government of Nanchang City about Further Strengthening Land Management and Raising the Level of Land-related Business Operations

 

For the purposes of further strengthening the land management of our city, raising the level of land-related business operations, improving the efficiency of land-related business operations, maximizing the benefit of land-related business operations, and promoting the orderly operation and healthy development of the land market of our city, the following decisions have been made:

I. Further strengthen leadership and promoting the operation of land-related business at a high level

1. Strengthen leadership. The people’s governments on all levels shall strengthen their leadership over land-related business operations and promote the land operations of the entire city from a higher platform. From now on, the Municipal Leading Group for Land Planning and Operation will be responsible for the discussion and decision-making of major issues such as municipal-level annual land reservation and financing plans, annual land supply plans, land transfer plans, land acquisition, and relocation on a unified basis.

2. Define and fulfill responsibilities. All counties, districts, and relevant entities directly governed by the Municipal Government shall perform their respective functions, take their own responsibilities, coordinate with each other, and work together to carry out the land operation of the whole city. The land & resources sector is responsible for implementing land reservation and land transfers; all county and district governments (management committees) are responsible for carrying out the land acquisition and relocation tasks. The financial sector is responsible for the audit, management, and supervision of funds related to land reservation and land transfers. The construction sector is responsible for the infrastructure construction of land blocks to be reserved or transferred. The Development and Reform Commission, real estate management sector, planning sector, supervision sector, and People’s Bank of China should properly cooperate and coordinate with each other to carry out their respective tasks according to their responsibilities.

3. Strengthen coordination. Establish a mechanism for joint-consultation between departments and leadership coordination. All relevant responsible entities shall hold conferences together on a regular basis to timely feed back information, strength coordination and cooperation, join forces together, and promote the progress of our work. For problems encountered during land operation, the responsible leaders of the government shall convene relevant entities and coordinate them so that they can properly solve these problems.

II. Further consummate the land reservation mechanism and strengthen the primary monopoly of the government over the land market.

4. Establish scientific land reservation plans. The people’s government on all levels shall fully fulfill their functions in land reservation, strengthen our primary monopoly on the land market, and compile scientific and reasonable annual plans for land reservation. The Municipal-Level Annual Land Reservation Plan shall be co-compiled by the Municipal Land & resources Department, Municipal Supervision, Development and Reform Commission, planning sector, real estate management sector, financial sector, State Assets Administration Committee, People’s Bank, governments of all districts and Honggutan New District, and management committees of all development zones and then submitted to the Municipal Leading Group for Land Planning and Operation for examination and approval in the fourth quarter every year.

The Municipal-Level Annual Land Reservation Plan shall specify the Financing Plan for Land Reservation. The Financing Plan shall be proposed by relevant financing platforms and be adapted to the Annual Land Reservation Plan and Agent System for the Government-invested Projects. Annual Land Reservation Plans are proposed respectively by the following entities.

 (1) Honggutan New District, Economic and Technical Development Zone, High & New Technology Development Zone, Sanghai Development Zone, Yingxiong Development Zone, and Wanli District shall propose plans for the land reservation of their respective areas according to the economic and social development under their own jurisdictions;

 (2) For land reservation related to the restructuring of enterprises, transformation of urban villages, and transformation of low lands in the city, the competent departments in charge of the industries of restructuring enterprises and district governments shall propose dedicated land reservation plans;

 (3) The Municipal Land Reserves Center shall propose annual land reservation plans for Donghu District, Xihu District, Qingyunpu District, and Qingshanhu District as well as land reservation plans for Chaoyangzhou Area, Yangzizhou Area, and land blocks along the routes and around important stations of urban rail transit.

5. Further promote the resettlement of residents moving out of reserved land blocks due to land acquisition and relocation. Land reserves organizations shall work with planning and other sectors to strictly follow Measures for the Management of Land Reserves, establish the relocation and resettlement plans for reserved land blocks and clearly define the detailed positions of these land blocks, the entities responsible for relocation, the time limits for relocation, the fund demand, and the sources of fund. Governments of districts take the main responsibility for the relocation tasks of reserved land blocks and shall complete the relocation tasks within the predefined time limits and provide assistance in the collection and reservation of state-owned lands that belong to enterprises under their jurisdictions and the collective-owned lands within their districts. The competent departments in charge of the industries of restructuring enterprises shall be responsible for the relocation of reserved land blocks due to restructuring of enterprises.

The Municipal Real Estate Management Department shall further consummate the relocation and resettlement policies, reasonably determine the compensation standards for relocation and resettlement, actively open more channels for resettlement, properly elevate the standards of monetary compensation, encourage and actively guide monetary resettlement, and reduce the proportion of in-kind compensation. The real estate management companies and entities undertaking the construction of resettlement houses for relocation shall consider and establish plans for the construction of resettlement houses according to the land reserves and land reservation plans, and construct relocation houses a litter earlier than relocation.

6. Strengthen the fund-raising and fund management for land reservation. In order to effectively ensure the funds for municipal-level land reserves, we should use 5% of the annual income from the transfers of municipal land to establish a state-owned land revenue fund which is mainly used for purchasing land to be reserved. At the same time we shall introduce a market-oriented mechanism to establish several financing platforms for land reservation with the land reservation organizations as the main body and financing enterprises established by the government as the supplements in order to strengthen the land-related capital operations and raise funds for land reservation through a variety of approaches.

Implement project budgeting management for land reservation by following the relevant specifications in Measures for the Management of Land Reserves and Measures for the Management of Funds for the Collection and Reservation of Land in Jiangxi Province. The Municipal Land Reserves Center shall pay for the capital expenditures incurred by the land reservation of Donghu District, Xihu District, Qingyunpu District, and Qingshanhu District according to the budget for cadastral lands. After the revenue from cadastral land transfers is turned into treasury, the Municipal Financial Department will allocate a certain amount to the Municipal Land Reserves Center according to the final settlement of cadastral lands. The land reservation funds for other districts (development zones and new district) are uniformly managed by the district governments (management committee). All funds needed for the land reservation of cadastral lands listed in the projects invested or financed by the municipal government shall be paid with the project funds. The Municipal Financial Department and Municipal Land Reserves Center will not allocate any further fund according to the budgeting of cadastral lands. Funds needed by the transformation of urban villages and low lands in the city and the reservation of land owned by restructuring enterprises shall be raised by governments of the corresponding districts and competent departments in charge of the industries of the restructuring enterprises. The funds are operated in a closed mode and all entities shall balance liquidity by themselves.

7. Strengthen capital operations for reserved lands. Constantly expand and reinforce the platforms for governmental investment and financing, expand the financing scale, and develop more fund sources and channels for urban construction and land reservation. Make full use of diverse operation methods, such as land renting, land replacement, shareholding, and entrusted management, to increase the efficiency of land operations. Integrate government-owned land & resources through annexation, allocation, and transfer in order to provide support for state-held enterprises, such as Municipal Holding Group, Municipal Urban Investment Company, Municipal Rail Company, Nanchang Industrial Holding Group, and Municipal Water Conservancy Investment Company, to growth bigger and stronger.

  III. Consummate the mechanism for the transfer of commercial land and improve the efficiency of land operation

8. Establish a unified land market system. Incorporate the land supply plans for the commercial lands of Luojia, Liantang, Changling, Wangcheng, and Lehua Clusters in the areas of urban planning into the Municipal-level Annual Transfer Plan for unified management, and establish unified system of basic land prices and marketed land prices.

9. Further strengthen the management of transfer plans for commercial lands. In the beginning of November every year, the Municipal Land & resources Department, together with the Municipal Supervision, Development and Reform Commission, planning sector, real estate management sector, financial sector, State Assets Administration Committee, and governments of relevant counties and districts, shall come up with the annual plan for the transfer of commercial lands for the next fiscal year according to the economic and social development plans and the demand by the government for the regulation of the land market, and then submit the plan to the Municipal Leading Group for Land Planning and Operation for approval. The Annual Plan for the Transfer of Commercial Lands shall specify the details of cadastral lands, define the red line for the use of cadastral land, the planning conditions, and the sequence of supply.

10. Reasonably determine a mechanism for the apportioning of revenue from the transfer of commercial lands. All revenue from the transfer of commercial lands shall be turned into the transfer fee account of Municipal Financial Department. Revenue-expenditure bilateral management shall be implemented.

Determine the mechanism for the apportioning of revenue from the transfer of commercial lands according to the principle of unified responsibilities, rights, and benefits.

 (1) Revenue from lands in Chaoyangzhou Area, Yangzizhou Area, and land blocks along the routes and around important stations of urban rail transit which have been included in urban planning belong to the municipal government. The districts (development zones) do not participate in the apportioning of revenue from such lands.

 (2) After a portion of the revenue from commercial lands within Donghu District, Xihu District, Qingyunpu District, and Qingshanhu District is drawn according to relevant national regulations as the fund source dedicated to some special projects, the municipal government will make plans for 30% of this revenue. The rest of the revenue, after being deducted of the part which is supposed to be paid by the Municipal Financial Department to the Municipal Land Reserves Center according to the final settlement of cadastral lands, shall be returned to the corresponding districts.

 (3) After a portion of the revenue from the transfer of commercial lands within Honggutan New District, Economic and Technical Development Zone, High & New Technology Development Zone, Sanghai Development Zone, and Yingxiong Development Zone is drawn by according to relevant regulations as the fund source for the special projects and 10% of this revenue is drawn by the government according to the total amount of land transfer fees as the fund source for urban infrastructure construction, the rest of this revenue shall be returned to the above-mentioned districts.

 (4) After a portion of the revenue from the transfer of lands involved in the transformation of urban villages and low lands and land reservation during restructuring of enterprises is drawn as the fund source for special projects according to relevant regulations, the rest of this revenue will returned to the governments of the relevant districts or competent departments in charge of the industries of restructuring enterprises.

11. Stick to the “ready land transfer” principle. The land to be transferred must be free of disputes over ownership or obligation and have no aboveground buildings or attachments that may affect the planned construction. The surrounding infrastructure shall be basically adequate.All districts (new district and development zones) and relevant departments shall make concerted efforts and coordinate well with each other to timely carry out the collection & reservation of land, relocation and resettlement for acquired lands, and the matching infrastructure construction so that the transferred cadastral lands are ready for delivery according to the plans and requirements. From now on, the planning of urban infrastructure construction shall be combined with the land reservation plans and land supply plans. Priority shall be given to the infrastructure construction of reserved land blocks in the city in order to realize rotational development of lands and make sure that the reserved lands can be immediately transferred and put into operation once they are ready.

12. Reasonably control the scale of land use and intensity of land development. The Planning and Management Department shall follow the “step-by-step progress, optimal land utilization, intensive development, and reasonable layout” principle, scientifically define the urban orientation, functional goals, and development scale, constantly strengthen the overall carrying capacity of the city, and maximize the efficiency of the utilization of urban land. Determine the volume ratio, building density, and greening rate of a cadastral land and establish a land supply scheme according to the detailed control plan before transferring a land. Once determined, the planning conditions shall not be adjusted without permission. The Municipal Supervision, Development and Reform Commission, Land & resources Department, and Planning Department shall establish and implement an interlocked examination, approval, and supervision system and form a supervision system with divided and coordinated work and multiple approaches in order to promote the optimal, intensive, and efficient utilization of land. Supervise and urge the timely development and utilization of land, provide effective supply, and ensure the optimal and intensive utilization of every land.

IV. Strictly follow the laws and regulations on land management to ensure the healthy and orderly operation of the land market.

13. Strengthen the overall planning and control of land utilization. Strictly control the scale of lands for urban and rural construction and make overall plans for urban and rural construction to promote the formation of a new framework for the economic and social urban-rural integration; strengthen land usage control, strictly control the circulation of collective-owned rural construction lands according to law, and ensure the standardized and orderly operation of the land market.

14. Strictly implement the bidding, auctioning, and listing system for the transfer of industrial land and commercial land. Industrial lands, commercial lands for commerce, tourism, recreation, and commercial residential buildings (including matching office, scientific research, and training land), and lands having more than two tenders must be publicly transferred through bidding, auctioning, or listing. Publicize all kinds of land transfer information according to the “public, fair, and just” principle to guide main market players to actively participate in competition. No restrictive or exclusive conditions that main affect the fair and just competition are allowed for the transfer of any land.

15. Strengthen the management of land use contracts. The Land & resources Department shall strictly stipulate the investment amounts of construction projects, commencement and completion time limits, planning conditions, prices, liabilities for breach of contract according to the land transfer contracts and Letter of Decision on Allocation of State-owned Construction Land, and strength post-supply supervision of the lands. After a cadastral land is transferred, the planning conditions shall not be modified under normal circumstances. If modifications are really necessary and have been approved by the municipal government, the construction entity shall pay an extra land transfer fee according to relevant regulations. All districts shall use the fulfillment of the land transfer contracts and Letter of Decision on Allocation of State-owned Construction Land of construction projects as an important criterion in the final acceptance of construction projects upon completion. Starting from the day this Decision is printed and distributed, all construction land use projects shall not pass final acceptance of construction without the inspection and verification opinions by the Land & resources Department or without passing the inspection and verification by the Land & resources Department.

16. Strictly control the usage of land. Non-commercial lands that have already been transferred shall not be changed into commercial land under normal circumstances. If the urban planning and construction make it absolutely necessary to change the land and the change has been approved by an authorized people’s government, the government shall purchase the land with the original transfer price and then transfer it again according to laws and regulations.

17. Strengthen the management of allocated land. Gradually reduce the scope of allocated land and strictly control the scale of allocated land. Strictly unify the prices of allocated land. The price of allocated land shall not be lower than the sum of the cost for the acquisition of the land, the pre-development cost, and the charges according to relevant regulations. If an allocated land is changed into commercial land after approval, it should be retrieved for reservation according to the price of the original allocated land right. The purchasing price shall be no above 60% of the total price of the cadastral land upon public transfer deducted of all kinds of funds.

  18. Make more efforts to treat the idle lands. Any entity that violates the land transfer contract and Letter of Decision on Allocation of State-owned Construction Land and cause the land to be idle shall be charged with an idle land fee worth 20% of the contract price of the transferred or allocated land if the land has been idle for more than 1 year but less than 2 years. The land must be taken back for free if the land has been idle for more than 2 years and is supposed to be taken back for free according to law. If the land does not meet the statutory conditions for land retrieval, it should be purchased according to its value, put to temporary use, or brought into the governmental reserves for its full utilization. The land & resources and planning management sectors shall further strengthen coordination and timely obtain information about idle lands. Planning and other sectors shall not handle the construction registration procedures for entities that fail to pay the idle land fees as required.

19. Strictly forbid illegal construction. It is strictly forbidden to carry out illegal and hasty construction of buildings on the reserved lands of the city. Buildings constructed against laws and regulations shall be pulled down without any compensation according to law. Residential sub-districts shall be uniformly planned and constructed in the built-up regions of the organic towns both inside and outside the areas of urban planning. Construction of individual residences of villagers (residents) is forbidden.

Being supervisors over the construction of private houses, governments (management committees) of counties and districts shall establish accounts of the production and living lands of the village-level economic collectives under their respective jurisdictions, control the total quantity, and fully mobilize initiatives of the village-level economic collectives on the supervision of rural house construction. Further strengthen the law enforcement and supervision and establish a hierarchical responsibility system to timely discover, timely stop, and timely report illegal construction of houses. In order to master the accurate conditions of existing rural houses, governments of all counties and districts (management committees) shall organize land & resources, planning, real estate management, city management, and administrative law-enforcing sectors to carry out a census of the basic conditions of all existing rural houses within the jurisdictions and establish a comprehensive rural housing land registration and license issuance system in the near future.

All relevant functional departments must carefully fulfill their responsibilities, strengthen supervision, joint the law-enforcement forces, and eliminate the illegal activities in their very infancy. Persons responsible for dereliction of duty or malpractice in the supervision of rural house construction shall be subject to responsibility investigations strictly according to Decree No.15 Measures for the Punishment of Acts Against Land Management Regulations issued by the Ministry of Supervision, Ministry of Human Resources and Society Security, and Ministry of Land & resources and Measures for the Investigation of Administrative Responsibilities for Illegal Construction of Nanchang City.

V. Carry out in-depth studies of the land market and strengthen the government’s macroscopic control of the market

20. Establish and consummate a dynamic supervision system for the land market. The municipal housing and land & resources departments shall strengthen the studies of the dynamic information of the real estate market, establish and implement a quick statistic report and real-time analysis mechanism for the land supply information, actual development and utilization of land, and the trends of market prices in order to master learn the accurate situation on the real estate market. The land & resources department shall timely study, consummate, and strengthen the policies and measures for land control according to the current situation and promote the standardized and orderly operation of the land market in the whole city.

21. Further standardize determination and announcement of basic land prices and marketed land prices. Scientifically and reasonably determine the basic land prices and marketed land prices for urban areas. The basic land prices of urban areas shall be updated every two years. Carry out the evaluation and determination of marketed land prices on the basis of the basic land prices and timely publish these prices to the society every year. Actively make use of the results of basic land prices and marketed land prices to consummate the price system for the land market; fully make use of the price lever to promote the adjustment of the land supply structure, optimize the industrial structure, and promote the efficiency of land operations.

 



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