Article 1

Purpose of Formulation

In order to strengthen the management of temporary land use in Hengqin Guangdong-Macao Deep Cooperation Zone, to standardize and strictly manage the temporary land use, to In order to effectively protect arable land and promote the saving and intensive use of land, according to the Land Administration Law of the People's Republic of China, Regulations on the Implementation of the Land Administration Law of the People's Republic of China, Regulations on Land Reclamation, Measures for the Implementation of the Regulations on Land Reclamation, the Circular of the Ministry of Natural Resources on the Regulation of the Management of Temporary Land Uses, and the Notice of the Guangdong Provincial Office of Natural Resources on Further Strictly Regulating the Management of Temporary Land Uses, etc., and the regulatory documents. Combined with the actual work, the formulation of these rules.

Article 2

Scope of Application

These Rules shall apply to the use and management of the temporary land in the Hengqin Guangdong-Macao Deep Cooperation Zone (hereinafter referred to as the Cooperation Zone). Use and management.

Article 3

Application Subjects

The land use units of the projects within the scope of the Cooperation Zone, the development units of the first level of the land, the construction units of the public services or municipal ancillary facilities, and the relevant government departments. Municipal supporting construction units, relevant government departments, the Executive Committee of the Zone and its working bodies or its project construction units can be the main body of the temporary land application.

Article 4

Planning Layout

The Bureau of Urban Planning and Construction updates the planning layout of the temporary land use regularly and publishes it on the government website of the Zone. In principle, temporary land use is limited to siting within the published temporary land use planning layout.

Article 5

Types of Temporary Land Use

Temporary land use can be applied for in the following cases:

(a) Temporary office and living rooms directly serving the construction personnel built during the construction of the construction project, including temporary office rooms, living rooms, sheds, etc.; auxiliary works for the project's own use that directly serve the construction of the project, including topsoil stripping stockpiles on agricultural land, material stockpiles, girder making yards, mixing stations, reinforcing bar processing factories, construction right-of-way, transportation right-of-way, above ground line erection, underground land, and so on, can apply for temporary land use. Road, above ground line erection, underground pipeline laying operations, as well as energy, transportation, water conservancy and other infrastructure projects, soil extraction site, soil disposal (slag) site, etc.;

(B) mineral resources exploration, engineering geological survey, hydrogeological survey, etc., during the survey period, the construction of the temporary living room, temporary shed, survey operations and its Auxiliary works, construction right-of-way, transportation right-of-way, etc., including oil and gas resources exploration drilling well site, supporting pipelines, power facilities, access roads and other drilling and ancillary facilities;

(C) in line with the provisions of the laws and regulations of the other need for temporary use of land.

Temporary land use shall not be applied for in the following cases:

(a) land unrelated to construction projects, geological surveys, etc., and land that cannot be restored to its original land use or reclaimed to a state where it can be utilized;

(c) other cases in line with laws and regulations requiring temporary land use. p style="text-align: left;"> (2) Where there is unauthorized construction or other illegal land use acts other than those in Article 7;

(3) Where the verification of the planning conditions of the construction project as a whole has been completed;

(D) Other cases stipulated by laws and regulations.

Article 6

Temporary land use period

The temporary land use period is generally not more than two years.

The period of temporary land use for the construction of energy, transportation, water conservancy and other infrastructures with long construction period or public service facilities with complicated construction conditions shall not exceed four years.

The term of temporary land use shall be calculated from the date of approval.

At the end of the period of use, the approval procedures for the temporary land will naturally expire.

Article 7

Land for Disaster Relief

If the land is used in emergencies, such as disaster relief and public health and safety, the land can be used first. land. Among them, belonging to the temporary use, should be used to restore the original state and handed back to the original land users, no longer for land use approval procedures; belonging to the permanent construction land, the construction unit should be no later than the end of the emergency disposal work within six months of the application for additional construction land use approval procedures and land supply procedures.

Article 8

Temporary land area

In compliance with the conditions of safe production, the temporary land for construction of construction projects shall in principle be arranged within the red line of the project land. arranged within the red line of the project site.

If there is a need to apply for temporary land use separately, it is necessary to adhere to the principle of "use as much as possible, approve as much as possible, take up as much as possible, restore as much as possible", and try not to take up or take up as little as possible of the arable land.

Construction projects should be scientifically organized construction, saving and intensive use of temporary land.

Article 9

Temporary land-related costs

After the approval of the application for temporary land use, the unit of temporary land use shall pay the compensation for temporary land use in accordance with the agreement of the contract on temporary land use. The temporary land use unit shall pay the compensation fee for the temporary land use as agreed in the land use contract, and deposit the land reclamation fee in advance as agreed in the land reclamation fee supervision agreement. The specific fee standards are as follows:

(a) Temporary land compensation fee. In accordance with the land value management regulations of the cooperative area at the time of acceptance of billing, combined with the number of applications, land area, type of construction project and other factors to determine and charge temporary land compensation fee. In the case of over-use, the temporary land compensation fee shall be charged from the date of expiration of the temporary land to the date of acceptance of the land surrender (charged on a monthly basis, or on a one-month basis in the case of less than one month). Temporary land use compensation fee shall be exempted if one of the following circumstances is met:

1. Temporary materials yard, construction right-of-way, soil and stone slag yard and other temporary structures set up during the construction of projects belonging to the non-business use of municipal facilities or public service facilities;

1. -align: left;"> 2. Emergency relief, public health and safety and other emergency use of temporary land.

(b) Reclamation and greening deposit. Temporary land reclamation and greening deposit is charged at 120 yuan per square meter;

(C) farmland occupation tax. If the temporary land use involves the occupation of agricultural land and part of unutilized land, the land use unit shall apply for payment of cultivated land occupation tax to the tax department of the Cooperation Zone within thirty days from the date of receipt of the written notice from the competent authority of the approved land use to handle the procedure of occupying cultivated land;

(4) Urban Land Use Tax. Temporary land use involving the occupation of unutilized land or construction land, or the occupation of agricultural land for more than one year is subject to urban land use tax in accordance with the law, and the land-use unit shall apply to the Taxation Department of the Cooperation Zone for payment.

Article 10

Approval of Temporary Land Use

The procedures for application and approval of temporary land use are as follows:

(a) land application. Temporary land unit (project owner) to the Urban Planning and Construction Bureau to submit a temporary land application (Annex 1), the application documents should include the following materials:

1. Temporary land application report, which should explain the reasons for the application, the area of the land application and construction area, the period of time, the use of the use of the site, the intention of siting, etc.;

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2. A map of the scope of the temporary land to be applied for (with coordinates);

3. A layout plan of the temporary land to be applied for (with clear functional zoning, number of floors to be built, area, etc.);

4. align: left;"> 4. Construction projects applying for the use of temporary land, you need to provide the project approval (approval, for the record) documents;

5. Application for temporary land use for geological exploration, should provide the mineral resources exploration license or the relevant competent authorities recognized the need to carry out geological exploration of the relevant documents

6. To apply for temporary land use to occupy permanent basic farmland, forestry land, urban parks, country parks, reservoirs, water source protection zones, rivers and seawalls, etc., shall obtain the relevant administrative licenses in accordance with the laws and regulations, or obtain the relevant competent authorities' written consent documents;

7. Projects that may have a greater impact on the surrounding environment shall obtain relevant procedures such as environmental impact assessment or obtain written consent from the relevant competent authorities in accordance with the regulations;

8. In principle, arable land shall not be occupied, and if temporary use of arable land is really necessary for project construction, the application unit for temporary land use shall be issued in accordance with the regulations. In principle, arable land shall not be occupied; if temporary use of arable land is necessary for the construction of the project, the applicant for temporary land use shall provide the materials of expert argumentation that the arable land must be occupied, and shall, in accordance with the "Regulations on Land Reclamation" and other relevant requirements, prepare a report (table) on the land reclamation program, put forward the technical routes and measures for land reclamation, make clear the time for land reclamation, and implement the land reclamation costs;

9 ... government investment projects by the construction unit of the temporary land application, should be issued by the project owner's written commissioning documents;

10. Laws and regulations of other relevant documents.

(B) review. Urban Planning and Construction Bureau to organize the relevant departments of the cooperative area to convene a temporary land review meeting on the application of temporary land site, area, use, life expectancy, whether there is illegal land use and other reviews. If the review meets the application conditions, the temporary land use procedures will be carried out according to the regulations. After review does not meet the application conditions, the Urban Planning and Construction Bureau to make a written decision not to permit, and shall state the reasons.

(C) for temporary land use procedures.

1. Prepare materials. After the temporary land review meeting to meet the temporary land application conditions, the Urban Planning and Construction Bureau to determine the planning site, in accordance with the requirements of the state and the relevant documents of Guangdong Province, notify the temporary land unit to prepare all the relevant materials (Annex 3);

2.Submission of the use of approval. After the applicant unit of temporary land use submits all the relevant materials in accordance with the requirements of "Instructions for Submitting Application Materials for Temporary Land Use" (Annex 3), the Urban Planning and Construction Bureau will carry out the approval of temporary land use in accordance with the procedures. After the approval of the temporary land use, the land ownership unit and the temporary land use applicant will sign the "Temporary Land Use Contract" and the "Land Reclamation Expense Supervision Agreement", and the land use applicant will pay the relevant taxes and fees (including, but not limited to, the compensation fee for the temporary land use, the temporary land use reclamation and re-greening deposit, and the cultivable land occupancy tax) and then move into the site for use.

3. Public notice. Urban Planning and Construction Bureau shall, within twenty working days after the approval of the temporary land use of agricultural land or unused land, the temporary land use of the approval documents, contracts, and the scope of land use, land use of the current situation of the photo image information, etc. to the Ministry of Natural Resources Temporary Land Use Information System to complete the system matching number, and in the Zone government website to publish the approval of the temporary land use information. The temporary land use unit will publicize the approved land use unit, land use scope, land use area, land use, life span and other information at the site, and set up a clear marking at the boundary of the temporary land use scope in accordance with the requirements.

Article 11

Temporary land use supervision

The post-approval supervisory measures for temporary land use are as follows:

(a) The land inspection unit regularly inspects whether the temporary land use exceeds the scope of construction and use. If the construction and use of the temporary land exceeds the scope, the temporary land use unit shall remove the buildings (structures) and their attachments, clear the site and complete the reclamation and re-greening according to the requirements. In case of refusal to rectify the situation, the land inspection unit shall report to the Commercial Affairs Bureau for investigation and punishment according to law;

(b) No permanent buildings shall be constructed on the temporary land, and the temporary land and the buildings on the land shall not be transferred, rented or mortgaged, and shall not be used for business purposes. Violation of the provisions of this subparagraph, the use of temporary land units shall immediately stop the above acts, and in accordance with the requirements of their own demolition of buildings (structures) and their attachments, clearing and leveling and complete the reclamation and green. In case of refusal to rectify the situation as required, the land inspection unit shall be transferred to the Commercial Affairs Bureau for investigation and punishment in accordance with the law;

(3) During the period of temporary land use, the land inspection unit shall strengthen the supervision and inspection of the temporary land use, and in case of destruction of the marking and failure to post public information, the land inspection unit shall supervise and rectify the situation of temporary land use unit; For those who do not use temporary land in accordance with the Temporary Land Use Contract, or refuse to return the land upon expiration of the temporary land use period, the land inspection unit will inform the temporary land use unit to rectify the situation within 30 days, and if the situation is still not rectified after the deadline, the land inspection unit will report it to the Bureau of Commercial Services for investigation and punishment according to the law. The information on administrative penalties will be publicly announced by the Commercial Service Bureau in accordance with the regulations. If the penalty involves illegal occupation of land, the Commercial Service Bureau will copy the penalty instrument to the Tax Bureau of the Cooperation Zone, and collect the cultivable land occupation tax and urban land use tax of the illegal occupation unit;

(d) After the relevant illegal acts are disposed of in accordance with the above provisions, if the temporary land use unit still has the demand for temporary land use, it can (d) If the temporary land use unit still has the need for temporary land use after the relevant violations are disposed of in accordance with the above provisions, it may apply for temporary land use in accordance with the procedures of these rules.

Article 12

Early Recovery

The temporary land can be recovered early if the temporary land is under the following circumstances within the period of use of the temporary land and is examined according to the procedures. The temporary land use may be taken back in advance after being finalized in accordance with the procedures:

(1) The land use unit violates the law or the agreement of the temporary land use contract in the use of the temporary land use;

(2) It is necessary for the implementation of the urban planning;

(3) The land use unit is in violation of the law; and

(3) for the implementation of the annual land use plan;

(4) for public welfare, disaster relief or public health and safety needs;

(5) due to the development of the Zone's development plans

(6) Temporary land use ceases due to the suspension of construction, reconstruction or early completion of the project;

(7) Other cases stipulated by laws and regulations.

Early recovery of temporary land, the Urban Planning and Construction Bureau of written notice to the temporary land use units required to withdraw and clear the temporary land use units should be received within thirty days from the date of written notice from the Urban Planning and Construction Bureau to complete the clearing of the site and reclamation work.

Temporary land use units to complete the withdrawal and clearing of land according to the specified period and requirements, by the Urban Planning and Construction Bureau of the organization of the relevant departments of the acceptance of the refund of the remaining years of temporary land compensation fees (withdrawal and acceptance of the month of the temporary land compensation fees and return), and to give the original scope of the temporary land building structures (b) Compensation for relocation costs shall be provided for the structures within the original temporary land use area, and the compensation standard shall be based on the appraisal amount issued by a qualified appraisal organization at the point of relocation, with the maximum amount not exceeding the temporary land use compensation fee for the remaining years of the temporary land use. In the case of paragraph 1 (a) of this Article, it is necessary to bear the responsibility of illegal land use, and only the temporary land use compensation fee for the remaining years will be refunded after the withdrawal of the land and clearing of the site and acceptance of the site.

After the early recovery of temporary land, in addition to the case of paragraph 1 (1) of this Article, the use of the unit still has a temporary land needs, you can re-submit the application for temporary land.

Article 13

Requirements for reclaiming and restoring temporary land

Strictly in accordance with the "Regulations on Land Reclamation" to implement the responsibility for restoration of temporary land. The specific requirements for land reclamation are as follows:

(a) For the temporary use of state-owned construction land and unutilized land, the unit using the temporary land shall, in accordance with the agreement of the temporary land use contract, dismantle the buildings and other related facilities, clean up the construction (domestic) garbage, level the site, restore it to a level below the planning elevation, and restore the green. (b) For the temporary use of agricultural land (excluding cropland), the temporary land use unit shall fulfill the land reclamation obligations in accordance with the land reclamation plan issued by the Urban Planning and Construction Bureau;

(c) In principle, cropland shall not be occupied, and the temporary use of land for the construction of a project shall not be used for the construction of the project. If it is necessary to use arable land temporarily for the construction of a project, the land reclamation obligations shall be fulfilled in accordance with the requirements of the land reclamation program submitted when applying for temporary land use.

Temporary land use units are not in accordance with the temporary use of land contract agreement to fulfill the obligations of land clearing and land reclamation obligations, will not be admitted to the new temporary land applications.

Article 14

Acceptance of Land Reclamation and Rehabilitation

Land reclamation and rehabilitation shall be disposed of in accordance with the following procedures:

(a) In accordance with the provisions of Article 33 of the Measures for the Implementation of the Regulations on Land Reclamation, after the temporary land use units remove the above-ground buildings (structures) and their attachments, clean up the site, and complete the reclamation and greening, they should organize a self-inspection, and submit a written application for acceptance to the Department of Urban Planning and Construction, and for the temporary use of agricultural or unused land, they are also required to provide the following materials. The following materials:

1. Acceptance survey report and related drawings;

2. Planning and design implementation report;

3. Quality assessment Quality assessment report;

4. Testing and other reports.

(b) by the Urban Planning and Construction Bureau of the organization acceptance, issued by the reclamation acceptance confirmation, and will be returned to the reclamation of green deposits; acceptance failed, notify the temporary land unit within 30 days for rectification. After rectification through the acceptance, issued by the reclamation acceptance confirmation of reclamation, reclamation deposit to be refunded; after rectification is still not through the acceptance, confiscation of temporary land reclamation deposit, dedicated to land reclamation, reclamation work organized by the Urban Planning and Construction Bureau, the relevant costs from the reclamation deposit in the expenditure of the reclamation deposit, shortfalls in the use of temporary land by the original unit to pay a separate payment;

(C) temporary land use units without approval, unauthorized beyond the approved scope of temporary land, change the use of temporary land and the content of the construction, or temporary land and its buildings, structures and other facilities on the ground to transfer, lease, mortgage, or temporary land for business purposes, or other illegal use of temporary land, the urban planning and construction bureau to organize reclamation and greening work. If there is any other illegal use of the temporary land, the Urban Planning and Construction Bureau will take back the temporary land without compensation and confiscate the temporary land reclamation and greening deposit. In case of suspected violation of the law, the Commercial Service Bureau will open a case for investigation and punishment;

(d) Within one year from the date of expiration of the temporary land use period, if the temporary land use unit fulfills the obligation of reclaiming the land according to the law, restores the planting conditions and passes the acceptance, it will apply for a refund of the cultivable land occupancy tax it has already paid to the Taxation Bureau of the Cooperative Zone.

Article 15

Interpretation

These rules are interpreted by the Urban Planning and Construction Bureau.

Article 16

Implementation Date and Validity Period

These Rules shall come into force on December 1, 2024, and shall be valid for five years. The Implementing Rules for Temporary Land Use Management in Hengqin New Area and Integrated New Expansion Areas are no longer applicable.

The implementation rules for the management of temporary land use in Hengqin New Area and integrated new expansion areas are no longer applicable.