Measures of Shandong Province on Planning and Management of Transferring the Right to Use State-owned Land in Cities and Towns (Revised in 2002)

Article 1 In order to strengthen the planning and management of transferring the right to the use of urban state-owned land and ensure the implementation of urban planning, these Measures are formulated in accordance with the Urban Planning Law of People's Republic of China (PRC), the Urban Real Estate Management Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of our province. Article 2 These Measures shall apply to the planning and management of assignment and transfer of the right to use state-owned land within the urban planning area of this province. Third provincial urban planning administrative departments are responsible for the planning and management of the assignment and transfer of urban state-owned land use rights in the province.

City (prefecture) and county (city) urban planning administrative departments are responsible for the planning and management of the assignment and transfer of urban state-owned land use rights within the urban planning area of this administrative region. Article 4 The assignment and transfer of the right to use state-owned land within a planned urban area must strictly implement urban planning and be subject to planning management. Article 5 The land administration department of the people's government of a city shall, jointly with the competent department of city planning administration, prepare a plan for transferring the right to use state-owned land in a city, and incorporate it into the overall city planning as required. Article 6 The competent department of urban planning administration of the people's government of a city shall, according to the detailed urban planning and the implementation steps of the plan for transferring the use right of urban state-owned land, put forward the planning conditions and attached drawings, which shall be used as the basis for formulating the planning requirements of the plan for transferring the use right of urban state-owned land after the approval of the competent department of urban planning administration of the people's government. Article 7 The planning conditions shall include the requirements of plot area, land use nature, plot ratio, building density and height, parking spaces, main entrances and exits, green space rate, urban public facilities, engineering facilities and building boundaries.

The attached drawings shall clearly indicate the location and present situation of the plot, plot coordinates and elevation, road red line, coordinates and elevation, entrance and exit positions, building boundaries, surrounding environment and infrastructure of the plot. Article 8 After the planning conditions and drawings are examined and approved by the competent department of city planning administration, no unit or individual may change them without authorization; If it is really necessary to change, it must be approved by the original examination organ. Article 9 The transfer of land use rights shall be carried out by the municipal and county people's governments in a planned and step-by-step manner. The land management department of the people's government of the city or county shall, jointly with the urban planning, construction and real estate management departments, draw up a plan for the use, life and other conditions of each piece of land, which shall be implemented after being approved in accordance with the provisions of the people's government of the State Council and the province.

The relevant departments and units must strictly abide by urban planning when formulating and implementing the land use right transfer plan. Tenth land use rights transfer contract must be accompanied by planning conditions and drawings. Eleventh after the signing of the contract for the transfer of land use rights, the transferee shall apply for a planning permit for construction land to the competent department of city planning administration that examines the planning conditions and drawings on the basis of the contract.

After the transferee has obtained the planning permit for construction land, it can go through the formalities for proving the ownership of the land use right in the land management department. Article 12 When transferring the land use right obtained by means of transfer, the transferee must abide by the planning conditions and drawings in the original transfer contract, and go through the formalities of changing the planning permit for construction land at the competent department of city planning administration. Thirteenth transfer of land use rights obtained by allocation, must be submitted for approval in accordance with the provisions, pay the transfer fee of land use rights, and go through the planning approval procedures with the competent department of city planning administration. Article 14 The transferee of the land use right must carry out development and construction in accordance with the planning conditions, attached drawings and the provisions of the planning permit for construction land. Fifteenth the transferee of land use rights voluntarily provides more public space within the scope of the construction land planning permit, the competent department of city planning administration shall allow it, and appropriately increase its floor area ratio under the condition of conforming to the city planning.

If the floor area ratio is approved to increase, the transferee shall go to the land management department to go through the formalities for the change of the land use right transfer contract according to law. Sixteenth city planning administrative departments have the right to supervise and inspect whether the development and construction activities conform to the city planning. The inspected shall truthfully provide the information and necessary information. Inspectors have the responsibility to keep technical and commercial secrets for the inspected. Seventeenth in violation of the provisions of article sixth of these measures, planning conditions and drawings without examination and approval, planning conditions and drawings are invalid. Eighteenth in violation of the provisions of these measures, without changing the planning conditions and drawings, or the land use right transfer contract is not attached to the planning conditions and drawings, the competent department of city planning administration shall not issue a planning permit for construction land. Nineteenth in violation of the provisions of these measures, without obtaining the construction land planning permit and obtaining the certificate of land use rights, the certificate of land ownership is invalid, and the land occupied by the people's government at or above the county level shall be ordered to return; The relevant responsible personnel of the transferee and the land examination and approval authority shall be given administrative sanctions by the competent department. Article 20 If, in violation of the provisions of these measures, the transferee of the land use right fails to carry out development and construction in accordance with the planning conditions, drawings and construction land planning permit, the competent department of urban planning administration shall order it to make corrections within a time limit, and if it seriously affects urban planning, the competent department of urban planning administration shall order it to stop construction and dismantle or confiscate illegal buildings, structures and other facilities within a time limit; If it affects urban planning and corrective measures can be taken, the competent department of urban planning administration shall impose a fine of 3% to 00% of the civil engineering cost. The relevant responsible personnel shall be given administrative sanctions by the competent department.