Measures of Hefei Municipality on Disposal of Idle State-owned Land

State-owned construction land is a very important land type, which is mostly used for the construction of public facilities, tourism, mining and so on. With the acceleration of urbanization and housing commercialization. The following is the disposal method of idle state-owned land in Hefei, welcome to read!

Full text of Hefei idle state-owned land disposal measures

Article 1 In order to dispose of idle state-owned land according to law, improve land utilization rate and promote economic development and urban construction, these Measures are formulated in accordance with the Land Administration Law of the People's Republic of China, the Urban Real Estate Administration Law of People's Republic of China (PRC) and the Measures for Disposal of Idle Land.

Article 2 These Measures shall apply to the disposal of idle state-owned land (except agricultural land used by state-owned farmers and forest farms) within the administrative area of this Municipality.

Article 3 The term "idle state-owned land" as mentioned in these Measures refers to the state-owned land that the land users have not started development and construction within the prescribed time limit or the development and construction have not reached the prescribed conditions without the consent of the people's government of the city or county that originally approved the land use. Mainly includes the following situations:

(a) the land user has not started development and construction since the date of development and construction 1 year;

(2) Development and construction have started, and the actual development land area has not reached 1/3 of the total land area to be developed and constructed, and the suspension of development and construction has expired 1 year;

(3) Development and construction have been started, and the investment accounts for less than 25% of the total project investment, and the development and construction have been stopped 1 year;

(four) the remaining land that has not been used according to law after the land acquisition and transfer;

(5) Other circumstances stipulated by laws and regulations.

Article 4 The term "commencement of development and construction" as mentioned in these Measures refers to the construction in accordance with the approved construction drawings, and the building foundation has reached? +/-0.00 elevation;

The commencement date of development and construction as mentioned in these Measures shall be determined in accordance with the following provisions:

(1) If the land use right is obtained by means of compensation (including transfer, lease, contribution at a fixed price or shares, the same below), the date of commencement of development and construction agreed in the contract for the paid use of state-owned land; If the contract for paid use of state-owned land does not stipulate the date of commencement of development and construction, it shall be the date of signing the contract 1 year;

(two) to obtain the land use right by means of allocation, the date of commencement of development and construction as stipulated in the approval letter for construction land or the date of issuance of the approval letter for construction land.

Fifth land users should start development within the time limit stipulated in the paid land use contract or the approval letter for construction land. If the development is delayed due to force majeure, planning adjustment and other reasons, and the preliminary work necessary for the development, the land user shall apply to the administrative department of land and resources of the city or county for extending the development and construction time before the expiration of the prescribed period 1 month. If the review is true, it shall be extended, but each extension shall not exceed 1 year.

Article 6 The municipal and county administrative departments of land and resources shall notify the land users of the identified idle land, and draw up a land disposal plan (if the idle land is mortgaged according to law, the mortgagee shall also be informed to participate in drawing up the disposal plan), and organize the implementation after the approval of the people's government of the city or county that originally approved the land use.

Seventh land users idle land 1 year did not start development and construction, to obtain land use rights by way of transfer, according to the transfer fee of less than 20% to pay idle fees; If the land use right is obtained by allocation, the idle fee shall be paid according to the standard of 5- 10 yuan per square meter.

Eighth land users have been idle for 2 years (including land use rights that have not been removed for 2 years), and the land use rights can be recovered free of charge with the approval of the people's government of the city or county that originally approved the land use. Except for the reasons specified in Article 5 of these Measures, the development and construction are postponed.

Ninth idle land less than 2 years, or over 2 years, but belongs to the national encouraged projects, can be disposed of in the following ways:

(a) the temporary use shall be arranged by the administrative department of land and resources of the city and county, and the development and construction shall be re-approved after reaching the conditions of the original project development and construction.

(two) to recover the existing state-owned land use rights and replace the equivalent land for land users;

(three) to determine the new land users through bidding and auction, and to compensate the original land users with reference to the input cost;

(four) to recover the land use right, audit the cost of land users' input, and make compensation according to the input cost after land disposal;

(five) the land user signed an agreement with the administrative department of land and resources of the city and county to return the land use right to the government. When land users need to use the land, the government will provide the land equivalent to the returned land according to the land use right return agreement.

The maximum amount of compensation given to the original land users in items (3) and (4) of this article shall not exceed the amount obtained after the disposal of the parcel.

Article 10 If the land is idle due to planning adjustment and other reasons, and the land user has paid part of the paid land use fee or land acquisition fee, it can be converted according to the ratio of the actual paid amount to the payable amount, and the corresponding land is determined to be used by the original land user, and the rest is recovered by the government.

Eleventh idle less than 2 years, land users voluntarily return the land or apply for consultation to return the land, the government after the disposal of land use rights, compensation with reference to the input cost, the buildings and attachments on the ground together.

Article 12 If the transferee (allocated) land area is too large, and the land user fails to invest capital according to the paid use contract or the approval document of construction land, resulting in the lag of development progress, the contract for transferring the right to use state-owned land (allocation decision) may be amended with the approval of the people's government of the city or county that originally approved the land use, so as to reduce the land supply area.

Thirteenth real estate development enterprises in accordance with the law to obtain the right to use the land, the real estate development qualification is cancelled in accordance with the law, can not continue to develop, the city and county people's governments to recover the land use rights, and refer to the real estate development enterprises in the land to give appropriate compensation.

Article 14 If the land use right is sealed up by the court according to law or the development and construction cannot be started within the original time limit due to litigation or arbitration, the land user shall apply for an extension in accordance with the provisions of Article 5 of these Measures. If the litigation or arbitration does not affect the development and construction, the land user shall develop it within the prescribed time limit.

Fifteenth due to the transfer of land use rights, new land users should carry out land development and construction in accordance with the terms and conditions stipulated in the original contract for paid use of land.

Sixteenth rural collective economic organizations after the expropriation of cultivated land, all its members into urban residents, the rest of the land owned by the state, by the city and county people's government to recover, in accordance with the unified development and utilization of urban planning. The people's governments of cities and counties shall compensate the former rural collective economic organizations and users according to the standards stipulated in the land acquisition measures.

Seventeenth state-owned land recovered according to law should be included in the government land reserve. The original land user shall go through the cancellation procedures for the state-owned land use certificate, construction land planning permit and house demolition permit he received within 15 days. If it is not handled within the time limit, it shall be directly cancelled and announced by the issuing authority.

Eighteenth these Measures shall come into force as of April 6, 2003.

Idle state-owned land

Concept of state-owned land

Obtain the right to use state-owned land according to law. As the owner of state-owned land, the state does not directly use the land, but uses it by specific units and individuals. Part of the income right of state-owned land is realized by land users, and part of it is realized by the state through the collection of land use tax (fee) and paid transfer of land use right. Because the laws of China prohibit the sale of land, the ownership of state-owned land is generally not transferable. Therefore, the state's right to dispose of state-owned land mainly refers to the right to use the land, and the allocation, transfer or confirmation and recovery of the right to use the land can be understood as a punishment of the land. The right to use state-owned land obtained with compensation can be transferred according to law. Therefore, part of the disposal right of state land ownership can also be exercised by land users in a limited way. In rural areas, there is no essential difference between farmers' use of state-owned land and collective-owned land, but there are differences in legal concepts. The state should also give appropriate compensation when recovering the state-owned land used by farmers for a long time. The right to use state-owned land obtained by paid transfer according to law becomes a complete property right, which can be transferred, leased, donated, inherited and mortgaged according to law. What is the difference between the right to use state-owned land and the right to use state-owned land obtained by allocation? Paid? 、? Term? This is a restriction on the right to use by the state by virtue of land ownership, and a measure to realize land ownership.

Collective land

The right to use collective land shall not be sold, transferred or leased for non-agricultural construction, except that the land use right is transferred according to law due to bankruptcy, merger and other circumstances of enterprises that meet the overall land use planning and obtain construction land according to law.

The subject of collective land use right is a special civil subject, mainly collective economic organizations and their members. Enterprises and public welfare organizations established by collective economic organizations can only include units and individuals other than collective economic organizations under individual circumstances permitted by laws and administrative regulations.

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