Measures of Kunming Municipality on the Administration of Land Reserve

Chapter I General Provisions Article 1 In order to deepen the reform of the land use system, revitalize the existing land assets, optimize the allocation of land resources, and make rational use of land, these measures are formulated in accordance with the provisions of the Land Administration Law of the People's Republic of China, the People's Republic of China (PRC) Urban Real Estate Management Law and other laws and regulations, combined with the actual situation in Kunming. Article 2 These Measures shall apply to the land reserve in the urban planning area of Kunming. Article 3 The term "land reserve" as mentioned in these Measures refers to the act of bringing the land that needs to be revitalized into the government land reserve by means of recovery, acquisition, replacement or requisition, and allocating land resources by way of allocation according to market demand and annual land supply plan after preliminary development and consolidation. Article 4 The land reserve work of this Municipality shall be organized and implemented by the Land Reserve Committee of Kunming Municipal People's Government under the unified leadership of Kunming Municipal People's Government. The office of the Municipal Land Reserve Committee is a permanent office, located in the Kunming Municipal Bureau of Land and Resources, and the Kunming Land Reserve Center is a two-brand institution. Under the leadership, supervision and management of the Municipal Land Reserve Committee, the Municipal Land Reserve Center, on behalf of the Municipal People's Government, specifically implements the land reserve work, and is responsible for the preliminary arrangement and development of the reserved land. Article 5 The municipal land reserve center shall prepare the annual land reserve plan according to the overall land use planning, the overall urban planning, the adjustment of industrial structure and the actual situation of land supply and demand.

After the annual land reserve plan is approved by the Municipal Land Reserve Committee, it shall be organized and implemented by the Municipal Land Reserve Center. Article 6 It is forbidden for any unit or individual to transfer the right to use state-owned land obtained by allocation without authorization.

No unit or individual is allowed to hoard or buy or sell land. Article 7 Municipal Development Planning Commission, Economic Commission, Finance Bureau, Planning Bureau, Construction Bureau, Land and Resources Bureau, Housing Authority, Supervision Bureau, Legislative Affairs Bureau and other departments shall perform their respective duties and cooperate with the land reserve related work. Chapter II Land Reserve Article 8 The following land shall be reserved:

(a) land that needs to be used in the public interest;

(two) due to the implementation of urban planning and the transformation of the old city, it is necessary to adjust the land use function;

(three) the original allocation of state-owned land due to cancellation, relocation or other reasons;

(4) No land in the urban planning area;

(five) the barren and idle state-owned land recovered according to law;

(six) the land use right expires, and the land user fails to apply for renewal within the prescribed time limit or the land that has been applied for renewal but has not been approved;

(seven) the land user fails to pay the land use right transfer fee according to the agreement of the land use right transfer contract, and the land use right transfer contract is terminated;

(eight) the people's court ruled that the disposal of land;

(nine) the land used by the land use right holder to apply for the land purchased by the Municipal Land Reserve Center;

(ten) the municipal government ordered the acquisition of state-owned land reserves. Article 9 State-owned land that an enterprise needs to dispose of due to bankruptcy, closure, relocation or industrial restructuring will not be included in the land reserve for the time being, but the transfer of the right to use state-owned land must be traded in the Municipal Land Exchange Center, and the method for sharing the net income shall be agreed by the Municipal Finance Bureau, the Municipal Bureau of Land and Resources and the competent department of the enterprise. Tenth land reserves to implement the forecasting system. In the urban planning area of this Municipality, if the state-owned land meets the reserve conditions stipulated in these Measures, the land-using unit or its competent department shall report to the municipal land reserve center in advance.

The land in Kunming National High-tech Industrial Development Zone, Kunming Dianchi National Tourism Resort and Kunming National Economic and Technological Development Zone approved by the Municipal People's Government according to the overall urban planning of Kunming will not be included in the land reserve forecast for the time being. Eleventh rural collective land reserves, land acquisition procedures must be handled according to law. Twelfth state-owned land use rights transfer price is significantly lower than the assessed land price of 20%, by the Municipal People's government commissioned by the Municipal Land Reserve Center priority acquisition. Thirteenth city land reserve center to acquire land use rights procedures are as follows:

(1) Apply for acquisition. If the state-owned land meets the land reserve conditions stipulated in these Measures, the original land use right holder shall apply to the Municipal Land Reserve Center for acquisition with relevant information.

(2) Ownership verification. The municipal land reserve center shall conduct on-the-spot investigation and verification on the ownership, area, scope and land use of the land and buildings and attachments on the ground that should be recovered or acquired.

(3) Determine the planning conditions. The municipal planning administrative department shall, according to the approved urban planning plan, put forward the specific planning and design conditions for reserve plots.

(4) The plan is submitted for approval. City land reserve center according to the land ownership and planning and design conditions, as well as the calculation results of recycling acquisition costs, put forward specific implementation plans, and reported to the Municipal Land Reserve Committee for approval.

(5) sign an agreement. According to the approval of the Municipal Land Reserve Committee, the Municipal Land Reserve Center signed an agreement with the original land users to recover and purchase the right to use state-owned land.

(6) Compensation for acquisition. The municipal land reserve center shall pay the land acquisition compensation fee to the original land use right holder in accordance with the amount, time limit and method agreed in the agreement on the recovery or acquisition of state-owned land use rights; Land replacement, land replacement price settlement.

(7) change of ownership. City land reserve center according to the state-owned land use right recovery or purchase agreement agreed to pay compensation fees, city land reserve center and the original land users in accordance with the provisions for land, real estate ownership change or cancellation procedures, the original land users to the city land reserve center to deliver land and buildings and attachments.