Chapter I General Provisions

Article 1 in order to strengthen the land reserve management, standardize the land reserve behavior, according to the "People's Republic of China Land Administration Law" "People's Republic of China Urban Real Estate Management Law" "People's Republic of China Urban and Rural Planning Law" "Hebei Province Land Management Regulations" and other laws and regulations, combined with the actual situation of the city, the formulation of these measures.

The second Qinhuangdao city urban area within the scope of the land reserve work is applicable to this approach.

The urban area referred to in these measures, refers to the harbor area, shanhaiguan district, beidaihe district, funing district, qinhuangdao development zone and beidaihe new area.

Article 3 of the measures referred to in the land reserve, refers to the county level (including) above the competent departments of natural resources for the regulation of the land market, to promote the rational use of land resources, in accordance with the law to obtain land, the organization of pre-development, storage in order to prepare for the supply of the act.

Article 4 of the land reserve work unified under the management of the city's natural resources departments; municipal finance department is responsible for land reserve fund-raising and supervision; the district government is responsible for the collective land acquisition and state-owned land housing acquisition compensation and resettlement; the municipal departments in accordance with their respective responsibilities to do a good job of land reserve-related work.

Article 5 of the land reserve work by the national land reserve organization directory management of land reserve institutions. Municipal land reserve institutions are responsible for the implementation of the seaport area in addition to the provincial park land and the municipal government designated areas of land reserve work.

District land reserve agencies are responsible for the implementation of the administrative district (seaport district land reserve agencies are responsible for the approval of the scope of authority) of the land reserve work.

Chapter II plan management

Article 6 of the land reserve plan management, the competent authorities in charge of natural resources in accordance with the relevant provisions of the state to organize the preparation of a three-year rolling plan for land reserve and annual land reserve plan.

Article 7 of the municipal natural resources department, in conjunction with the municipal finance department, combined with the national economic and social development planning, territorial spatial planning, organizing the preparation of municipal land reserve three-year rolling plan.

District natural resources departments, in conjunction with district finance departments, to organize the preparation of district-level land reserve three-year rolling plan, agreed to by the district government and reported to the municipal natural resources departments.

The municipal natural resources department shall coordinate and summarize the three-year rolling plan of land reserve at the municipal and district levels, and prepare a three-year rolling plan of land reserve in urban areas, and report it to the municipal government for approval and implementation.

Article 8 of the city's natural resources department in conjunction with the municipal finance department, combined with the three-year rolling plan of land reserves, local government debt limit, etc., to organize the preparation of municipal annual land reserve plan.

District natural resources department, in conjunction with the district finance department, organizing the preparation of district-level annual land reserve plan, agreed by the district government to report to the municipal natural resources department.

The municipal natural resources department coordinates and summarizes the annual land reserve plan at the municipal and district levels, prepares the annual land reserve plan for the urban area, and reports it to the municipal government for approval and implementation, and promptly records it in the nationally owned land asset management information system.

Article 9 of the annual land reserve plan does need to be adjusted, the municipal natural resources department agreed to report to the municipal government for approval.

Chapter III Land Reserve Project Implementation

Article 10 of the land reserve agency is responsible for the implementation of the following land reserve project:

(a) for the implementation of the national land spatial planning for the reconstruction of the old urban areas, as well as other needs of the public interest, the need for the use of state-owned land;

(b) due to the relocation of the unit, the industrial structure of the adjustment of the reasons for the law, to recover or acquire the State-owned land;

(3) land for which the right to use State-owned land has been withdrawn in accordance with the agreement of the contract for the transfer of the right to use State-owned land or the provisions of the document approving the allocation of land;

(4) land for which the owner of the right to use the land has applied for the acquisition of the land;

(5) land for which the government has exercised its right of pre-emption;

(6) land acquired by applying for approval of the transfer of agricultural land for reuse or expropriation according to law;

(7) land for which the government has applied for approval of the transfer of agricultural land to another land; and

(vii) land designated for reserve by the municipal or district people's governments;

(viii) other state-owned land that can be resumed or acquired in accordance with the law.

Article 11 Collective land and state-owned land resumption and storage shall determine the compensation fee in the following manner:

(1) Collective land resumption and storage. Compensation fees shall be determined in accordance with the compensation program for collective land resumption formulated by the district government.

(ii) State-owned land storage.

1. Compensated resumption or acquisition of land to determine the compensation fee in the following manner:

Land use rights acquired by means of allocation, can be negotiated in two ways to determine the compensation fee. One is to determine the compensation fee according to 60% of the arithmetic average of the assessed land premium for the registered use of the land and the planning use; the other is to determine the compensation fee according to the sum of 60% of the assessed land premium for the registered use of the land and the assessed value of the above ground constructions (structures) and other attachments.

The compensation fee for land use rights acquired by way of grant can be determined by negotiation in two ways. One is to determine the compensation fee according to the arithmetic average of the assessed value of the registered land use and the planning use; the other is to determine the compensation fee according to the sum of the assessed value of the registered land use and the assessed value of the buildings (structures) and other attachments on the ground. If otherwise agreed in the Contract for the Grant of the Right to Use State-owned Construction Land or related agreements signed between the owner of the land use right and the competent department of natural resources, the compensation fee shall be determined in accordance with the agreement. The compensation fee for land use rights acquired by way of capital contribution (equity participation) shall be determined with reference to the way of granting.

If the land use right is acquired by way of lease, the compensation fee shall be determined in accordance with the present value of the assessed rent over the actual rent and the remaining years.

The compensation for temporary resettlement, loss of production and business suspension, and compensation for relocation of equipment and inventory caused by the implementation of land reserve shall be accounted for with reference to the relevant provisions on compensation for expropriation of houses on state-owned land.

2. The land included in the scope of expropriation of houses on state-owned land shall be determined in accordance with the program of expropriation and compensation and resettlement of houses on state-owned land formulated by the district government.

3. The price of land acquired by exercising the right of first refusal shall be determined according to the price at the time of the transfer declared by both parties to the transfer.

Article XII of the land reserve organization is responsible for land resumption and acquisition of work related to compensation, the specific implementation procedures are as follows:

(a) determine the land reserve project. According to the land reserve plan and the government decision-making deployment to determine the land reserve project, the land use rights to fill out the "state-owned land use right resumption (purchase) opinion", and provide the following materials:

1. Proof of ownership of the land, buildings (structures);

2. Identification of the relevant rights holders;

3. Patent maps and coordinate results of the information;

4. Opinions of competent authorities;

5. Other information to be provided.

(ii) Verification. The land reserve organization verifies the four boundaries of the land to be reserved, the area, the use and the ownership of the buildings (structures) on the ground; and verifies whether there are any cases of leasing, mortgaging and seizure.

(3) Determination of land reserve conditions. Natural resources authorities based on the detailed spatial planning (detailed control planning), to determine the conditions of land reserves.

(d) Verification of soil contamination. Reserve land that may be at risk of land contamination, should be in accordance with the requirements of the soil environment linkage supervision procedures for construction land in Qinhuangdao City, the competent department of natural resources in conjunction with the ecological environment department, to verify whether the land to be reserved is a polluted land. Where a survey of the soil pollution status is required, it shall be carried out by the land use right holder in accordance with the requirements of the ecological and environmental departments, and where it is determined to be polluted land, the land use right holder shall carry out soil pollution remediation and treatment in accordance with the relevant regulations.

(v) Mapping and assessment. The land reserve organization commissions a third-party service organization with relevant qualifications to carry out surveying, mapping and assessment of the land to be reserved.

(F) Cost estimation. The land reserve organization measures the compensation cost of the land to be reserved based on the assessment results.

(VII) Negotiation of storage. The land reserve organization negotiates with the land-use right holder on the land compensation method, the deadline for handing over the land, the terms of payment and the liability for breach of contract.

(viii) Contract signing. Municipal reserve projects, for real estate development and operation of district reserve projects, land reserve agencies should be based on the results of the negotiations to prepare the "state-owned land use right recovery (purchase) contract", by the municipal department in charge of natural resources review and approval of the municipal government for approval. The municipal and district land reserve organizations shall sign the contract with the land use right holders respectively. The contract shall contain the following contents:

1. the location, area, use and status of buildings (structures) on the land reserve and the status of property rights of premises;

2. the method and amount of land compensation;

3. the period of delivering the land and the conditions for delivering the land;

4. the rights and obligations;

5. the responsibility for breach of contract;

6. the method of settling disputes;

7. the method of resolving disputes. Methods of dispute settlement;

7. Other related matters.

(ix) Registration of cancellation. After the signing of the contract, the owner of the land use right is first required by law to complete the registration procedures for the cancellation of real estate such as land and buildings (structures) on the ground.

(J) payment. The land reserve organization in accordance with the contract, to the original land use right person to pay compensation costs.

(k) Land delivery. The original land use right holder shall deliver the land to the land reserve organization in accordance with the contract, and sign the Opinion on Land Handover.

Article 13 of the municipal reserve project involves collective land acquisition, by the municipal land reserve agency and the district government to sign a land resumption agreement, by the municipal natural resources authorities to review and agree to the municipal government for approval of the implementation of the municipal government is responsible for the specific implementation of the collective land acquisition work.

District reserve projects for real estate development and operation are subject to review and approval by the municipal natural resources department before being reported to the municipal government for approval and implementation.

Article 14 involves collective land expropriation and housing on state-owned land expropriation compensation and resettlement of land reserve projects, to be stored land into the reservoir, by the district government is responsible for the care, management, and dust control and other care work.

Chapter IV Reserve Bank Management

Article 15 of the following land can be included in the land reserve bank management:

(a) state-owned land resumed in accordance with the law;

(b) the acquisition of the land;

(c) exercise of the right of first refusal to acquire the land;

(d) has been handled for the transfer of agricultural land, the expropriation of the approved procedures and complete the expropriation land;

(v) other land acquired in accordance with the law.

Article 16 of the land bank to meet the following requirements:

(1) reserve land must be clear property rights. The land reserve organization shall review the compliance of the land acquisition methods and procedures, economic compensation, land rights, etc., and shall not compulsorily acquire (repossess) land for the purpose of storage. For the acquisition method and procedures are not compliant, compensation is not in place, land ownership is not clear, should apply for the relevant real estate registration procedures have not yet been handled, shall not be stored in the reserve.

(ii) The reserve land should be in line with the territorial spatial planning. There are pollution, heritage, mineral overburden, flood hazards, geological disaster risks and other land, in accordance with the relevant provisions of the relevant units to complete the verification, assessment and treatment before the land shall not be placed in reserve.

(3) Before the reserve land is put into storage, the land reserve organization shall apply to the real estate registration agency for registration procedures. The type of right of use registered for the reserve land shall be uniformly determined as "other (government reserve)", and the use of the registered land shall be in accordance with the provisions of relevant laws and regulations.

Article 17 of the government (management committee) to determine the need for preliminary development of the land reserve project, the relevant competent departments in accordance with the reserve land pre-development plan and the planning conditions of the reserve land, is responsible for the implementation of the reserve land related roads, water supply, power supply, gas supply, drainage, communications, fencing and other infrastructure, and to carry out land leveling, to meet the necessary "through leveling". "The relevant authorities may, in accordance with the law, invite public tender through public bidding. The relevant competent authorities may, in accordance with the law, select engineering survey, design, construction and supervision units for the construction through public bidding or quotation. During the construction of the pre-development project, the relevant competent department shall supervise and manage the project. Upon completion of the project, the relevant competent authorities shall organize or entrust professional institutions to carry out acceptance on their own and report to the competent natural resources department at the same level for the record in accordance with the relevant provisions.

Article 18 of the land reserve institutions shall take care of the land included in the reserve by their own care, entrusted care, temporary use and other means. The establishment of an inspection system, the infringement of the rights of the reserve land should be early detection, early stop, early treatment.

The entrusted care of reserve land is divided into paid and unpaid. The selection of qualified third-party service organizations to take care of the paid way, should be determined in accordance with the law to take the public bidding or request for quotations and other ways. The period of entrusted care generally does not exceed two years.

Before the reserve land is supplied, the land reserve organization can use the reserve land or together with the above ground buildings (structures), through leasing, temporary use and other ways to utilize. Temporary use of the period generally does not exceed two years, and can not affect the land supply. Temporary use can be determined through public bidding or negotiation, and the cost of temporary use is entrusted to a professional organization for evaluation, and after the consent of the competent department of natural resources at the same level, the land reserve institution and the temporary use of the temporary use of the temporary use of the signing of the contract. The income from the temporary use of land reserves shall be fully incorporated into the state treasury at the same level and into the public budget in accordance with the regulations, and shall be managed on the basis of "two lines of income and two lines of expenditure".

Article 19 of the reserve land with supply conditions, should be included in the annual land supply plan, by the municipal and district natural resources departments to unify the organization of land supply. Before supplying the reserve land that has been issued, the certificate of real estate rights and real estate registration shall be recovered and canceled, and canceled in the real estate register.

Reserve land shall be supplied by filling out a pre-exposure order in the Information System for the Management of All Land Assets, and the system shall automatically generate a pre-exposure order number based on the pre-exposure order, and the land supply program and the announcement of land grant and public notice of allocation shall be associated with the pre-exposure order number, and the land shall not be supplied without such an association.

After the supply of the reserve land, the land use right holder shall pay the land price, and the land reserve organization, jointly with the relevant departments, shall hand over the land to the land use right holder in accordance with the agreement of the contract and sign the land handover letter, and at the same time copy it to the competent natural resources department.

Chapter V fund management

Article 20 of the land reserve fund revenue and expenditure management strictly implement the relevant provisions of the financial management of land reserve funds. Strictly in accordance with the provisions of the use of land reserve funds, the implementation of earmarking, shall not be misappropriated. Land reserve institutions and land reserve funds required for day-to-day funding the implementation of sub-accounting, shall not be mixed with each other.

Article 21 of the land reserve funds shall be derived from the following channels:

(1) the financial sector from the supply of land reserve land generated by the land grant revenue to the land reserve agency land requisition and demolition and relocation compensation costs, land development costs and other related costs incurred in the process of land reserve;

(2) the financial sector from the state-owned land revenue fund for land reserves. Land reserve funds;

(3) the issuance of local government bonds to raise funds for land reserve;

(4) other funds approved by the financial department can be used for land reserve;

(5) the interest income generated by the above funds.

Article 22 The scope of use of land reserve funds specifically includes:

(1) The land price or land acquisition and demolition and relocation compensation costs to be paid for the expropriation, acquisition, preferential purchase or resumption of land. Including land compensation and resettlement subsidies, compensation for ground attachments and seedlings, demolition and relocation compensation costs, and other costs related to the requisition, acquisition, priority purchase or resumption of land required to be paid in accordance with law;

(ii) the principal and interest expenses on land reserve stock loans that need to be repaid in accordance with relevant regulations;

(iii) other expenditures approved by the financial departments at the same level related to land reserve Other expenditures. Including cadastral surveys, mapping and surveying, real estate registration, land appraisal, issuance of special bonds consulting service fees incurred in the land reserve work; reserve land management and maintenance of fences, walls and other construction, as well as dust prevention and control, design, analysis and evaluation assessment and evaluation costs and other expenditures.

Article 23 of the land reserve institutions in the third quarter of each year in accordance with the provisions of the preparation of the next year's land reserve funds revenue and expenditure project budget draft, reviewed by the competent authorities of natural resources at the same level, reported to the same level of the financial sector to finalize the implementation. At the end of the year, the land reserve institutions to the same level of the financial sector to submit the final accounts of the land reserve funds income and expenditure projects, by the same level of the financial sector audit or by the same level of the financial sector to designate accounting firms and other relevant intermediary institutions with a good reputation and high quality of practice to carry out the audit.

Article 24 of the land reserve institutions in accordance with the relevant requirements of the financial sector budget performance management, the establishment of land reserve project funds performance objectives, and according to determine the performance objectives of the implementation of performance tracking and evaluation, strengthen the application of the results of the budget performance management, and actively cooperate with the financial sector to carry out the work of budget performance management.

Chapter VI Supervision and Management

Article 25 of the natural resources department in charge of the use of nationally owned land asset management information system, monitoring and supervision of the land reserve agency business. Land reserve institutions shall fill in the nationally owned land asset management information system in accordance with the requirements of program management, project management, land management, inventory loan management, special bond management, state-owned reserve land balance sheet and other relevant information, and accept the supervision and management of the competent department.

Article 26 The competent department of natural resources shall supervise and regularly assess the business operation, asset management and use of funds of land reserve organizations, and strengthen the management and guidance of land reserve organizations; promptly review the information of land reserve organizations in the nationally owned land asset management information system; review and adjust the land reserve plan and funding requirements; and cooperate with the financial department to do a good job in land reserve fund management and other related work.

The financial department is responsible for reviewing the land reserve fund income and expenditure budget, supervision and management of fund payment and other work.

Article 27 Changli County, Lulong County, Qinglong Manchu Autonomous County land reserve management work can refer to the implementation of these measures, may also formulate separate provisions.

Article 28 of these measures shall come into force on the date of publication, the original "Qinhuangdao City Land Reserve Implementation Measures" (Qin Zhengzi [2017] No. 39) shall be repealed at the same time.