Hainan guarantees free trade port industrial project land: encourages mixed and flexible use of planned uses

In order to implement the most stringent farmland protection system and the most stringent economical and intensive land use system, ensure the implementation of Hainan Free Trade Port industrial projects, and promote the industrial transformation, upgrading and high-quality development of Hainan Free Trade Port, we will provide the Hainan Free Trade Port with Port construction provides strong planning and land use guarantees. On December 13, the Hainan Provincial People's Government issued the "Opinions on Supporting Industrial Project Development Planning and Land Use Guarantee", which is valid for 5 years.

The industrial projects referred to in the "Opinions" refer to various industrial projects that comply with the requirements of national and Hainan industrial policies, excluding market-oriented commercial residential projects. However, due to planning adjustments and industrial development needs, the land use for various industrial projects can be changed in accordance with the law and used for the construction of projects other than market-oriented commercial residential land (including affordable housing and rental housing projects). On the premise of complying with the land spatial planning, existing state-owned construction land can be transformed and used for the construction of affordable housing and rental housing projects. If it involves changes in land use and floor area ratio, procedures should be handled in accordance with relevant regulations.

The "Opinions" *** are divided into strengthening planning guidance and improving the scientific flexibility of planning management and control; improving the forest land use indicator arrangement mechanism; innovating the land use classification management method of industrial projects; implementing differentiated industrial projects Land use and land supply model; improve the land price system; encourage the transformation and upgrading of existing industries; support the rational development and utilization of underground space; optimize the management of land for facility agriculture; deepen the reform of the rural collective construction land use system; and strengthen land use services and post-approval management.

According to the "Opinions", Hainan encourages mixed and flexible utilization of planned uses on the basis of optimizing industrial spatial planning and layout and scientifically guiding project site selection.

Optimize the preparation of controlled detailed planning, comprehensively consider factors such as space, layout, and industrial integration, encourage mixed layouts, and the sharing of space facilities for industrial, warehousing, scientific research, commerce, business finance, and other planned purposes, and Clarify the types and proportions of the mixture of two or more planned uses. For areas where traffic location conditions are likely to undergo major changes or where the development direction is currently unclear, they can be planned as blank spaces with temporarily unclear uses based on actual needs.

At the same time, the implementation mechanism for dynamic adjustment of control regulations will be simplified. For land parcels that are split and merged for industrial land and warehouse land, and for which planning conditions such as plot ratio, building height, green space rate, and building density are adjusted, if the plot ratio is no greater than 2.0 and the height is no more than 30 meters, detailed control planning is not required. Submit adjustments for approval. In other cases, the preparation and adjustment of detailed control plans will be handled according to procedures.

In terms of the land supply model for differentiated industrial projects, if the land use of industrial projects is industrial land or warehousing land, the industrial type, production technology, industrial standards, product quality, land-saving technology and other requirements can be used as The prerequisites for land supply include project bidding or listing; the land uses for industrial projects are scientific research land, education land, medical and health land, social welfare land, cultural facilities land, sports land and other non-commercial land that comply with the allocation catalog. For projects, land can be provided through allocation, agreement transfer or price contribution; the land use for industrial projects is retail commercial land, business and financial land and other headquarters economy, as well as Internet and high-tech industry project land. The local financial contribution can be specified in the land transfer announcement. Rate, self-sustainability rate of the headquarters building and other relevant conditions, the land will be provided through a combination of bidding and bidding (first bidding, then listing or auction). If the land supply is provided through a combination of bidding and listing, the self-sustaining rate of the headquarters building (not for external sales) shall not be less than 30%. The non-self-sustaining part of the building can only be transferred after the five-year commitment period expires and the performance evaluation reaches the standard; other commercial industrial projects shall be subject to regulations. Land will be provided through public methods such as bidding, auctioning, and listing.

At the same time, the city and county governments will lease the land to the land use right holders through bidding, auction, and listing. The land use right holders will carry out development, construction and industrial operations. If the lease expires and the conditions for continued performance of the access agreement are met, , you can apply to continue using the land according to the agreement transfer method. The lease term of first-lease and later-transfer is generally 5 years, and the maximum cannot exceed 10 years. The sum of the subsequent transfer periods shall not exceed the legal maximum transfer period of the land use. The total price of the land that is rented first and then transferred is determined based on the transaction price of publicly traded land through bidding, auction, and listing. The annual rent shall be determined as no less than 5% of the total land price. The agreed transfer price payable when the lease is transferred is equal to the total land price minus the rent paid. The price during the lease period and the price during the lease transfer period are both paid in one lump sum. If land is supplied on a lease-before-transfer basis, the land-use right holder may use the leased real estate certificate to handle planning and construction application procedures in accordance with the law.

City and county governments can reasonably determine the flexible period of paid use of land within the statutory maximum paid use period of state-owned construction land use rights based on the industrial life cycle. At the expiration of each year, the land use right holder shall If the conditions for continued performance of the access agreement are met, you can continue to apply for the next phase of land use rights.

The flexible period shall not exceed 3 periods, the first period shall generally not exceed 5 years, and the sum of the periods of each period shall not exceed the legal maximum transfer period of the land use. It is encouraged to shorten the flexible period of project land based on actual conditions. Industrial and warehousing land can be transferred for a period of no more than 20 years. If the industrial project still meets the requirements of industrial policies and guidance after the period expires, the land use right holder can apply for renewal and supplementary payment in accordance with the law. Pay land transfer fee.

The total land transfer price in the flexible term is determined based on the land transfer transaction price under the conditions of the total land transfer period. The land transfer price payable in each year is calculated based on the total land transfer price multiplied by The corresponding proportion of the current term to the total term is determined.

On the premise of complying with the land spatial planning, the mixed use of industry, warehousing, research and development, office, commerce, rental housing and other uses is allowed, and according to the dominant use (the construction area of ??each type of land use accounts for the total Differentiated land supply will be implemented according to the land use nature corresponding to the land with the largest proportion of construction area. If land is provided through agreement transfer or price-based capital contribution, the transfer base price shall be determined by not less than 70% of the sum of the benchmark land prices corresponding to various uses of mixed land multiplied by their proportions; project-based bidding or listing, combination of bidding and listing, and bidding, auction and listing shall be adopted For land supply, the minimum transfer price shall be no less than the sum of the base land prices corresponding to various uses of mixed land multiplied by their proportions.

The "Opinions" stated that the land price system will be improved to further reduce the cost of industrial land. Tourism industry, Internet industry, medical and health industry, modern financial services industry, exhibition industry, modern logistics industry, marine industry (oil and gas industry), biomedical industry, low-carbon manufacturing industry, high-tech industry, and education industry as defined by industry authorities For industrial projects such as cultural and sports industries, tropical characteristic high-efficiency agriculture, etc., the benchmark land price can be determined according to the "Benchmark Land Price Adjustment Coefficient Table for Industrial Project Land" in the current benchmark land price results.

In addition, the "Opinions" clarify that the five types of project land can adopt the method of "only acquisition without transfer" and "not acquisition without transfer", and shall be managed according to the current use of the land, and shall be managed by the project land use unit and the land rights holder in accordance with the law. Sign a land use contract to clarify the land use relationship between the two parties for planting, breeding, management, maintenance and operation. This includes: natural landscape land, land for agriculture, animal husbandry, fishery, and breeding; non-permanent ancillary facilities such as sightseeing platforms (covering an area not exceeding 100 square meters) and plank roads (width not exceeding 2 meters) in leisure agriculture and rural tourism projects Land; land for sporadic public service facilities, including toilets, sewage treatment, garbage storage and transportation, power supply, gas supply, communications, electronic monitoring and other buildings or structures (covering an area not exceeding 100 square meters); constructed wetlands Land for facilities for sewage treatment using ecological and environmentally friendly methods; land for rural roads (including rural tourist roads) with road widths (vehicle lanes) not exceeding 8 meters.