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Measures for Disposal of Idle Land April 28, 1999 Article One In order to conduct according to law and fully utilize the idle land, as well as truly protect the cultivated land, these measures are formulated in accordance with the Land Management Law of the People's Republic of China, Urban Real Estate Management Law of the People's Republic of China and relevant laws and administrative regulations. Article Two The called idle land in this Measures are those construction-used lands, on which the land users who have obtained the land use right haven't yet begun construction after the prescribed deadline and without the consent of the People's Government which formerly ratified the same land use right. Under one of the following circumstances, land can be qualified as idle land: (1) The State-owned Land Non-gratuitous Use Contract or the Instrument of Ratification for Construction on Land does not prescribe the date to begin construction, and the construction on which does not begin after a period of more than one year since the same contract goes into effect or instrument was issued by the relevant land administration. (2) Those land on which the construction has started but the area being developed account for less than one third of the total construction area or the investment amount to less than 25% of the total investment, meanwhile the development and construction suspend continually for more than one year without approval. (3) Other circumstances prescribed by law and administrative regulations Article Three Responsible land administrative departments of the People's Government of cities and counties should inform land users to work out a disposal plan for their confirmed idle land; mortgagor should also be informed to participate in drafting the disposal plan when a mortgage is set up on the idle land in accordance with law. The above disposal plan will be put into practice by responsible land administrative departments of the People's Government of cities and counties after being ratified by the former ratifying governments. The disposal plan can be selected in the following patterns: (1) To extend the developing and constructing period but not to exceed one year at most; (2) Change the use purpose of the land and continue to develop and construct on it after going through the relevant formalities (3) Arrange the temporary use and approve to develop again after the prerequisites of the former project met; the government collects land increments if the land appreciates (4) Government replace the idle land with other equivalent idle land or existing construction-used land for land users thereby to develop and construct on it. (5) The Government determines the new land user by adopting the pattern of auction and public bidding thereby to continue the development and construction of the former project and compensate the former land user accordingly. (6) The land users sign the Land Use Right Return Agreement or other documents with the government and return the land use right to the government. When the former land user need to use land, the government shall supply him (or her) with the same valued land as that of the land he or she has returned in accordance with the above mentioned agreement or documents. To those idle land caused by government or actions of governmental departments, the land users who have paid partial land compensation charge or requisition charge may select the way prescribed by the former Section, or the government may decide the relevant land to be used by the former land user in accordance with the ratio of the actual payment to the due payment, and the rest part be recalled by the government. Article 4 The non-agricultural construction-occupied cultivated land, which has gone through the formalities of examination and approval, should resume cultivation by the former collective or individual, or by the organization of the land users, upon the land being idle for more than one year, cultivable and harvestable; Idle dues shall be paid in accordance with related regulations of provinces, autonomous regions and municipalities directly under the Central Government if the construction does not start in more than one year; The land which has not been used in two consecutive years, the concerned land use right shall be recalled gratuitously by the People's Governments above the county level after approved by the former ratifying bodies; If the land belongs formerly to a rural collectiveorganization, it shall be returned to the same economic organization for cultivation. The idle land, whose land use right being obtained by such gratuitous way as assignment, etc. For the development of real estste within the city plan zone, can be imposed a sum less than 20% of the assigning money if the project has not yet been started for more than one year after the prescribed construction-date; the land use right can be recalled non-gratuitously if the term of two years expires after the construction-date; while the construction delays due to a force majeure, governmental action or any necessary early-stage preparation, are exceptional.face="Arial"> Article 5 If the land use right of state-owned land is recalled in accordance with Article 4 of this Measures, the responsible land administrative departments of municipal and county governments shall make a public announcement with the consent of the former approving government, issue the Decision on Recalling the Land Use Right for the State-owned Land, suspend the implementation of contract concerning the non-gratuitous use of land or repeal the instrument of ratification for construction-used land and cancel the land registration and related certifications. Article 6 Responsible land administrative departments of municipal and county governments shall give priority to the development of idle land in accordance with idle land conditions within respective administrative areas, and on the basis of land utilization overall plan, annual land utilization plan as well as different requirements of related construction projects for land. The construction-used land must use idle land if possible and must not be approved to occupy farming land. To those areas where the use of idle land does not come up to the prescribed standard, next year's farming land shifting targets shall be checked and reduced. Article 7 To those idle land recalled in accordance with law, responsible land administrative departments of municipal and county government shall make clear again its use purpose, set use conditions, determine the land supply patterns, and proclaim all above to the public. The recalled state-owned idle land shall be utilized in the following ways: (1) Within the city construction area determined by land utilization overall plan, the construction project or other temporary use shall be arranged in accordance with the land utilization overall plan and municipal plan; if the construction project cannot be arranged recently, land can also be organized for cultivation if related conditions are not spoiled or reserved by governments in the way of greenland if uncultivable. (2) The land planned for farming should resume cultivation if related conditions are not spoiled or transformed into other farming land if not suitable for cultivation. Article 8 The recalled collective-owned idle land shall be utilized in the following ways: (1) Within the village and town construction area determined by the land utilization overall plan, land should be used for other construction projects arranged by this collective economic body; if this collective economic body cannot arrange construction project recently, the responsible administrative departments of the county government can work out a replacement plan and arrange for other construction project after approved by higher land administrative departments and compensate the original collective body accordingly. (2) The land planned for farming should resume cultivation if the related conditions are not spoiled or transformed into other farming land if not suitable for cultivation. Article 9 Responsible land administrative departments of municipal and county government should check up on such idle land conditions as its location, area and so on on the basis of land cadastral investigation and land transfer registration, set up detailed archives concerning related idle land, draw relevant distribution maps and location charts, as well as monitor and follow the related utilization situation. Article 10 If the ownership and usage of the related land change after rearranging the idle land in accordance with law, land transfer registration should be made, as well as new land certificate should be issued in accordance with relevant regulations. Article 11 These Measures come into force upon promulgation. กก |
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