Tianjin Land Consolidation Reserve Management Measures

Article 1 In order to make rational use of land, optimize the allocation of land resources, and ensure the sustainable and coordinated development of the economy and society, according to the laws and regulations of the Land Administration Law of the People's Republic of China and the Land Management Regulations of Tianjin Municipality, combined with the actual The formulation of the present Measures.

Article 2 These Measures shall apply to land consolidation and reserve within the administrative area of ​​this Municipality.

Article 3 The land consolidation reserve referred to in the present Measures refers to the land consolidation and reserve institution determined by the Municipal People's Government. According to the requirements of economic and social development and urban construction, the collective land included in the scope of reserve shall be expropriated according to the provisions of these Measures. After the acquisition, repossession and replacement of state-owned land, the land is developed and consolidated in the early stage, and it is stored to prepare for the supply of land.

Article 4 This Municipality implements a centralized and unified management system for land consolidation and reserve.

The Municipal People's Government shall formally lead the city's land consolidation and reserve work. The Municipal Land Assets Management Committee is responsible for the review and implementation of the city's land consolidation and reserve plan, and coordinates the settlement of major issues in the land consolidation and reserve work.

The municipal land administrative department is responsible for the unified management of land consolidation reserves and the preparation of land consolidation reserve plans.

The Municipal Land Consolidation Center, as the city's land consolidation and reserve agency, is responsible for the organization and implementation of land consolidation and reserve plans throughout the city, as well as land acquisition, consolidation, reserve, and commission transactions. Land consolidation and reserve operations outside the urban development control area are organized and implemented by the district and county people's governments.

If the Municipal People's Government has other provisions on land consolidation and reserve institutions, it shall be stipulated.

Article 5 The Municipal Land Consolidation Center may entrust the land reorganization units subordinated to the district and county land administrative departments to undertake the land consolidation projects organized by the district and county people's governments. According to needs, the Municipal Land Consolidation Center may also entrust other units to implement land consolidation for specific areas and specific construction projects.

Article 6 The following land shall be included in the land consolidation reserves:

(1) The land that needs to be used due to public interest needs or the implementation of urban planning;

(2) State-owned land that has been ceased to be used due to relocation, dissolution, cancellation, bankruptcy, industrial restructuring or other reasons;

(3) If the land use right holder does not start construction within the time limit as stipulated in the contract for the assignment of land use right or the state-owned land allocation decision, it is necessary to recover the land for land use rights;

(4) The land that needs to be recovered after the term of use of the land use expires;

(5) land of unsettled land after the conversion of agricultural land and land acquisition;

(6) Lawfully confirmed idle land;

(7) The land legally recognized as a person without land use rights;

(8) other state-owned land entrusted by the government;

(9) Other lands included in the reserve reserve.

Article 7 This Municipality implements a land consolidation and reserve plan management system.

The municipal land administrative department shall formulate land consolidation reserve plans in accordance with the city’s economic and social development plans, overall land use planning, urban planning, land use annual plans, and the supply and demand of the land market, and manage the land assets of the city. After being approved by the Municipal People's Government after being reviewed and passed by the committee, the committee shall be organized and implemented by the Municipal Land Consolidation Center.

The land consolidation reserve plan should include the following:

(a) annual reserve land scale;

(B) annual reserve land supply scale;

(3) The stock size of reserve land at the end of the year.

Article 8 The land consolidation and reserve plan shall be implemented according to the project. The project implementation plan within the urban development control area shall be approved and issued by the municipal land administrative department. The project implementation plan outside the urban development control area shall be examined and issued by the district/county people's government. The approved land consolidation reserve project implementation plan serves as the basis for handling relevant approval procedures.

Article 9 For the land included in the implementation plan for the land consolidation reserve project, the land administrative department shall restrict the transfer of the land use right. The planning administrative department shall limit the construction, reconstruction or expansion of the above-ground buildings, and prioritize the preparation of a controlled detailed plan. The relevant management departments should actively cooperate with them.

Article 10 The Municipal Land Consolidation Center and its entrusted units shall implement land consolidation, and on the basis of the investigation of the status quo, in conjunction with the actual conditions of the land to be sorted out, formulate plans for the implementation of land consolidation. The implementation plan for land consolidation should include the scope of land consolidation, compensation standards and schedule.

The land consolidation implementation plan must be submitted to the land administrative department for approval before implementation.

Article 11 According to the needs of land consolidation and reserve work, the Municipal Land Consolidation Center and its entrusted units propose to modify the regulatory detailed planning and report it to the planning administrative department for examination and approval.

Article 12 In the implementation of the consolidation of state-owned land, the Municipal Land Consolidation Center and its entrusted units shall sign a land consolidation compensation agreement with the land-use right holders who have been sorted out according to the approved land consolidation implementation plan. In the case of commissioned demolition, the entrusted demolition organization shall sign a house demolition commission contract, and shall go through various examination and approval procedures for urban planning, construction land and house demolition in accordance with regulations. Where state-owned agricultural land is involved, the formalities for the conversion of agricultural land shall be handled in accordance with relevant regulations.

Article 13 If a collective land is to be acquired, the Municipal Land Improvement Center and its entrusted units shall apply for land acquisition and reserve project implementation plans, land consolidation implementation plan approval documents and other requirements, and apply to the land administrative department for land acquisition procedures. Where farm land is involved, the procedures for diverting agricultural land shall be handled in accordance with relevant regulations.

In accordance with the law, the land after acquisition of land and conversion of agricultural land into reserves shall be included in the reserve. If the reserve is not supplied within 2 years, the municipal land administrative department shall deduct the corresponding indicator when arranging the next year's agricultural land diversion plan.

Article 14 With regard to cancellation and change registration of the right to use the land to be sorted out, the Municipal Land Consolidation Center and its entrusted units shall go through relevant formalities in accordance with the relevant provisions of the land registration.

If the house on the ground needs to be demolished, the deregistration shall be handled in accordance with the relevant provisions of the registration of the ownership of the house in the city; if the house on the ground needs to be retained and the ownership is transferred, the municipal land consolidation center and its entrusted unit shall handle the power of attorney and other elements of the original right holder. Ownership transfer registration procedures.

Article 15 For the consolidation of state-owned land in non-residential houses, the municipal land consolidation center and its entrusted units shall appoint qualified real estate evaluation organizations, and use the land according to the state-owned land use certificate, the state of the buildings on the ground, and the current conditions for the use of the land, etc. Carry out land and property price evaluation; according to the assessment results, the Municipal Land Consolidation Center and its entrusted units shall, in conjunction with economic calculation and analysis, determine the compensation standards in consultation with the land use right holders.

Article 16 If a collective land is expropriated, compensation standards shall be determined in accordance with the Land Administration Law of the People's Republic of China, the Land Management Regulations of Tianjin City, and other relevant regulations of this Municipality.

Article 17 When sorting out state-owned land in urban residences, the compensation standards shall be determined in accordance with the stipulations of the State and this Municipality regarding the collection and demolition of relevant houses.

Article 18 Where an enterprise that allocates land uses the transfer of land use rights in the implementation of the property rights transaction of the enterprise, under the same conditions, the people's government shall have the right of first refusal to purchase the land assets.

For land acquired on a paid basis, the transfer price of land use rights is obviously lower than the market price, and the people's government has the right of first refusal.

The specific measures for the people’s government to exercise the right of first refusal shall be formulated separately.

Article 19 The state-owned land that has been legally reclaimed shall be completed by the land administrative department after completing the relevant procedures. After cancelling the original land use certificate, it shall be handed over to the municipal land consolidation center for unified management and be included in the government's reserve land.

Article 20 In accordance with the needs of public interests, the Municipal Land Improvement Center and its entrusted units sort out state-owned land, and if the land use right holder cannot reach a land consolidation agreement, it may apply for the right to be disposed of in accordance with the authority and procedures prescribed by laws and regulations. The land use right holder’s house and other real estate shall be expropriated.

Article 21 The finished land shall be incorporated into the government land reserve bank and shall be managed by the municipal land consolidation center. The land use right shall be registered as the municipal land consolidation center and its entrusted units.

No unit or individual may arbitrarily occupy the land reserved by the government or borrow land on the ground.

Article 22 Before the government reserves land is not supplied, the Municipal Land Consolidation Center and its entrusted units may use the government-reserved land together with the ground features, and use it for rent, temporary use, etc., and the proceeds will be earmarked for land consolidation reserves.

The time limit for the temporary use of land reserved by the government shall generally not exceed 2 years and it shall not affect the supply of land.

Article 23 For the temporary use of government land, the municipal land consolidation center and its entrusted units shall formulate plans for the temporary use of the government's reserved land and report it to the municipal land administrative department for approval.

Article 24 The land reserved by the government within the urban development control area shall be entrusted by the municipal land consolidation center to openly transfer.

Before the government reserves the land for public sale, the land administrative department shall verify the cost of land transfer.

Article 25 With the approval of the Municipal People's Government, the municipal finance department shall allocate a certain proportion of funds from the government’s net proceeds of land transfer payments that are paid into the State Treasury and establish state-owned land revenue funds, which are earmarked for land consolidation reserves.

Article 26 The municipal land consolidation center and its entrusted units shall strengthen the risk management of funds and may not provide guarantees for third parties in any form.

Article 27: The staff of the Municipal Land Consolidation Center and the units entrusted with it neglect their duties, abuse their powers, engage in malpractices for personal gains, and seek or accept the property of others to seek benefits for individuals or others, according to the seriousness of the case, they shall be given corresponding administrative sanctions; In accordance with the law, criminal responsibility shall be pursued according to law.

Article 28 These Measures shall come into force on August 15, 2008.

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