The Opinions of the People's Government of Jinan Municipality on further standardizing the transfer of the right to use the state-owned construction land (Trial)
Date:2016-09-19Hits:Size:[ ]

Each County (City), District People's Government, and various departments of the municipal government:

In order to further standardize the transfer of the right to use profit-oriented state-owned construction land, give full play to the market allocation of land resources and better play a decisive role of government, improve the land utilization and management level, we put forward the following opinions combined with our own situations according to relevant laws and regulations.

I. Standardizing the transfer of the right to use profit-oriented state-owned construction land

Profit-oriented state-owned construction land such as for industry (including warehousing but excluding the mining land, the same below), commerce, tourism, entertainment and commercial housing should be transferred by bidding, auction and listing, and must strictly abide by the Provisions of the Right to Use the State-owned Construction Land By Bidding, Auction and Listing (Order No. 39 of the Ministry of Land and Resources), and the principle of openness, fairness and justice.

(1) Residential land.

1. The principle of transfer. Residential land shall not be linked to investment projects, and restrictive and exclusive access conditions that affect the fair and just competition should not be set up when the land is transferred.

2. Transfer scale. The nature and scale of land use shall be in accordance with the relevant prohibitive and restrictive regulations of the country, and the volume rate shall be greater than 1.0. The transfer area of single residential land shall not exceed 20 hectares.

(2) Commercial land and commercial and residential mixed land. Restrictive and exclusive access conditions shall not be set for commercial land and commercial and residential mixed land in principle. According to the planning requirements, if it is necessary to set access conditions for the projects with ancillary residential housing accounting for no more than 40% of the total construction area, which are beneficial to improving the function of the city and promoting the development of the region comprehensively, such as leading commerce (It has department store, shopping center, supermarket, hotel and other functions. The self-sustaining property right of the assignee shall not be less than 70% of urban commercial complex project, characteristic commercial block project and community commercial center project), headquarters economy, cultural tourism, creative R & D, and modern service industry, under the prerequisite of no exclusive conditions that may affect fair and just competition, the land reserve institutions and district government (including the Jinan High-tech Administrative Commission and the District Park Management Commission) may put forward the suggestions of land transfer conditions and report them to the leading group on the bidding, auction and listing of the right to use state-owned construction land in accordance with relevant procedures.

(3) Industrial land.

1. The principle of transfer. The transfer of land for industrial projects shall not be linked to the residential housing and commercial and residential mixed land. In industrial land transfer, the type of industry (manufacturing, warehousing), investment intensity and tax per mu may be set according to the industrial planning and the actual situation of the project.

2. Transfer scale. In principle, the scale of land for industrial projects is not more than 50 mu. If it is necessary to expand the scale of land use, one of the following conditions should be met:

 (1) A project included in the provincial and municipal key construction;

 (2) A major investment project approved to be incorporated into the green channel;

 (3) A key support and development project identified by the municipal government.

3. Conditions for the transfer of land. The assignee shall, within 180 days from the date of signing of the land transfer contract, complete the formalities of environmental impact assessment, project approval, geological hazard assessment and so on. In conformity with the above requirements, governments of each district shall transfer the land to the assignee.

4. Implementing differential periods for land use. The industrial projects that are produced by standard workshop should purchase or rent standard workshop in principle. If it is necessary to purchase land for self construction, the land shall be supplied in the way of leasing first and then transfer in flexible years or directly according to flexible years, and the transfer period shall generally be no more than 20 years. For the key industrial projects above the municipal level, confirmed according to relevant regulations and procedures, the land shall be transferred according to the granted period but no more than 50 years. The land transfer price in flexible years shall be amended according to the benchmark land price corresponding to the maximum years. Before the expiry of land use right, the assignee may apply for the renewal of the right to the transferor. If the application complies with the overall land use planning, urban and rural planning and industrial development planning, meets the requirements of energy conservation and environmental protection, and reach the standard through comprehensive evaluation, the right to use the construction land may be extended. Tax, urban and rural construction and other departments are responsible for the formulation of the corresponding tax, urban and rural construction supporting fees and other implementation measures related to transfer in flexible years.

(4) Establish a common regulatory mechanism. Increase the supervision of the use of land, and establish the use of land supervision responsibility concept of own responsibilities and mutual coordination. Smooth Land information communication channels, and set up a departmental synergy mechanism of resources shares, division cooperation and rational promotion. Relevant functional departments, land reserve agencies and district governments should strengthen the supervision over the use of land by the assignee.


1. The implementation of contract supervision. To establish a land supervision system based on land transfer contract, and include the requirements related to the planning, construction, and the regulatory after the approval as well as the request about the regulatory assessment and the disposal of the breach into the land transfer contract, such as the self-sustaining property ratio, the establishment or the construction content, the industrial type of access and so on, proposed by the Land Reserve Agency, the district government, and the relevant functional departments. Carry on the factor appraisal to the contract performance of the assignee according to the principle of “the person who put forward the request is who is responsible for and who supervises', and implement the supervision according to law.

To explore the establishment of the construction of the supervision system after the land supply such as the performance bond when opening and completion of the industrial projects, and strengthen the supervision of the industrial project intensive conservation land use.

2. Strictly control the transfer supervision. The assignee shall carry out the development and construction in accordance with the contract of land transfer, and the land shall not be transferable without meeting the terms of transfer.

5 years after the sale of the land for industrial projects, the overall transfer may be made upon assessment of the required investment amount.

    Industrial integrated project land can be partially transferred, and for the land needing for foreign investment and partial transfer, in principle, the proportion of nontransferable land hold by the assignee should not be less than 30% of the above ground building area. For the transferable part, the district government is responsible for reviewing the buyer's business scope, industry type, to determine whether the above conditions meet the relevant requirements and issue a review opinion, which is included in the necessary conditions for the late real estate division registration. If a part of the transfer is allowed to be transferred again, it shall be held for 3 years and in accordance with the requirements of the park. The construction area of production services, administrative office and living service facilities centralized constructed by industrial integrated land project should not exceed 15% of the total construction area.

    For infrastructure and social undertakings project land such as education, scientific research, medical and health, social welfare, sports facilities, it should be held by the assignee as a whole, which shall not be partially transferred. The assignee shall hold the corresponding area of real estate in accordance with the contract of land transfer, and shall not transfer the whole or part of the land.

(5) Strictly control the management of real estate registration. In the first registration of real estate, the land and resources department shall review and file the contract as the source of the land ownership, and make the special agreement of the supplementary clauses in the land transfer contract recorded in the real estate registration book. In the follow-up of other relevant registration, the dispose of real estate violating the agreement of the land transfer contract, shall not handle the relevant registration procedures.

III. The establishment of land transfer assessment mechanism

(1) Assess the implementation of the land supply plan. The municipal government organizes the assessment of the implementation of the land supply plans by the land reserve institution and the district governments, and for the housing and commercial projects land not meeting the yearly supply plans, the land supply plan for the next year will be determined according to the actual land supply. If the land supply rate does not reach the requirements of the state and the province, the newly increased land use plan index should be reviewed and decreased in the region, and the newly constructed land in the area should be suspended for approval.

(2) Assessment of land acquisition and relocation and delivery progress. Strictly implement the principle of net transfer, before the land transfer, the land reserve agencies and district governments should complete the conversion of agricultural land for approval, land acquisition and demolition, soil storage, access to municipal facilities and other work. The municipal government regularly organizes the expropriation and the land delivery, and fails to deliver the land in time after the land is sold, according to the proportion of 10% of the corresponding land transfer price, the responsibility subject shall bear the responsibility of breach of contract.

(3) Assessment of the supervision of the performance of land transfer contracts. The Land reserve institution, the district government and the relevant functional departments shall perform their respective duties and strengthen supervision over the assignee in fulfilling the requirements of the land transfer contract. Establish and improve the supervision of land transfer contract monitoring mechanism, increase the assessment force, and deal with the units of the weak supervision according to law.


This opinion is valid from August 18, 2016 until August 17, 2018. Where the relevant provisions are inconsistent with this opinion, the present opinion shall prevail.

Each county (city) Government is executed in the light of this opinion.

 

Jinan People's Government

August 18, 2016

 






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