In order to strengthen the land reserve management, effective allocation of land resources, while further improving the land reserve system, and promote the sustained, rapid and healthy development of the regional economy, according to the "Nanchang City Land Reserve Management Measures" (Municipal Government Order No. 147), combined with the high-tech area of the storage work to carry out the experience, hereby amends the "Nanchang High-tech Zone, the state-owned stock of land for construction of the implementation of the rules for the work of the storage" (Hong High-tech Management Development [2013]) No. 7. No. 7).
Article 1 Nanchang High-tech Zone Land Coordination and Promotion Leading Group is responsible for the study and formulation of the jurisdiction of the state-owned stock of construction land storage policies and systems, the deployment of the jurisdiction of the major land storage work, and is responsible for the review of the land storage implementation program.
Second Article The division of labor and responsibilities of various departments in land storage work.
(a) URA: lead the negotiation, communication and coordination of land resumption; responsible for coordinating the land resumption work within the jurisdiction, coordinating and docking the land reserve sub-center and other relevant departments; responsible for the resumption of the unit's application for the resumption of the compensation cost of the opinions and recommendations; responsible for the storage program to put forward the opinions and recommendations; responsible for the entrusted management and care of the program to put forward the opinions and recommendations; lead the regular inspection and assessment of the reserve land entrusted care. The land is entrusted with the care of the situation.
(2) Land Reserve Sub-center: participate in the negotiation, communication and coordination of land storage; responsible for commissioning third-party agencies to measure and evaluate the land to be stored; cooperate with the storage unit to apply for storage compensation costs to put forward comments and suggestions; responsible for the preparation of storage plans and reporting work; responsible for the storage unit and the storage unit to sign the land storage contract; cooperate with the original land-use right holders to handle the immovable property registration certificate Cancellation procedures; responsible for the collective land acquired into the reserve management; with regular inspections and assessment of the reserve land entrusted to the management and care of the situation.
(3) Municipal Natural Resources Bureau, High-tech Branch: participate in the negotiation, communication and coordination of land resumption; responsible for reviewing the original land grant of the land to be resumed; responsible for issuing the conditions of the land to be resumed for control and regulation; responsible for the transfer of the collective land expropriation ledger and other relevant information to the Land Reserve Center in accordance with the needs of the work of the resumption; cooperate with the resumed unit to apply for the resumption of compensation costs of the comments and recommendations; cooperate with the commissioned management and care program to provide comments and recommendations. To give opinions and suggestions on the entrusted management and care program.
(4) Economic and Development Bureau: participate in the negotiation, communication and coordination of land resumption; be responsible for giving opinions and suggestions on the economic indexes of non-software service outsourcing enterprises of the resumed units; be responsible for giving opinions and suggestions on the business losses of enterprises due to the resumption; be responsible for giving opinions and suggestions on the resumption program.
(E) Science and Innovation Bureau: to participate in the negotiation, communication and coordination of land storage; to be responsible for the statistics of the economic indicators of the stored units for software service outsourcing enterprises; to be responsible for the opinions and recommendations on the business losses of enterprises caused by the storage work.
(F) Finance Bureau: to participate in the negotiation, communication and coordination of the land resumption; with the resumed unit to apply for the storage of compensation costs to put forward views and recommendations, and is responsible for accounting for interest and other financial costs; is responsible for the timely payment of land resumption of compensation costs; is responsible for the storage program to put forward views and recommendations; is responsible for entrusting the management of the program to put forward views and recommendations.
(VII) Investment Promotion Bureau: participate in the negotiation, communication and coordination of land resumption; responsible for reviewing the investment projects of the resumed units, fulfillment and completion of the investment agreement; responsible for giving opinions and recommendations on the resumption program.
(H) City Administration: to participate in the negotiation, communication and coordination of land resumption; responsible for the management of the land to be resumed to put forward clear views. Management is clearly entrusted to the care, should be based on the higher and the jurisdiction of the relevant urban management requirements, combined with the actual condition of the land to be stored, entrusted to the care requirements; responsible for entrusted to the care of the program to put forward comments and suggestions; with regular inspection and assessment of reserve land entrusted to the care of the situation.
(IX) Law Enforcement Brigade: responsible for cleaning up illegal structures and attachments attached to the reserve land, disposing of urban management problems encountered in the management work, and dealing with emergencies in a timely manner in accordance with their duties.
(10) Labor Security Supervision Brigade: participate in the negotiation, communication and coordination of land resumption; is responsible for the resumption of the unit's employees labor relations and employee severance caused by labor disputes to put forward comments and suggestions.
(xi) towns (offices): responsible for restraining the residents of the area of indiscriminate piling, haphazardly building, digging and piling of earth or cultivation (farming), straw burning and other encroachment on the reserve land behavior, and to do a good job of cleaning up.
(xii) High-tech Municipal Management Co., Ltd: responsible for the day-to-day management of the reserve land; responsible for the entrusted care program to put forward comments and suggestions, and according to the "entrusted care contract" for the day-to-day management, maintenance.
Article 3: Procedures for storage of state-owned stock of construction land:
(1) Determination of storage objects. URA according to the management committee's work deployment and the beginning of the year to determine the land storage tasks to determine the object of land storage, the development of land storage plan, and the intention of the storage unit to agree on the land storage work, notify the land reserve sub-center to start the land storage process.
(ii) determine the management mode. After the start of the land storage program, the URA to clarify the status of the land to be stored, to the City Council to seek advice on the management of the land after storage, and submitted to the management committee of the large construction of the mouth of the meeting for consideration.
(c) application for storage. The original land use rights to the land reserve sub-center for land storage application, and submit the storage procedures required by the relevant materials.
(4) field investigation. Land reserve sub-center together with the URA, the original land use rights on the land to be stored land ownership, area, four to, use and its above ground buildings (structures), attachments, etc., field investigation and verification, and commissioned a survey.
(E) storage cost measurement. The Land Reserve Sub-center commissions qualified appraisal intermediaries to appraise the price of land, house buildings, renovations, structures and auxiliary facilities, entitled landscaping, equipment (equipment is divided into relocatable equipment and non-relocatable equipment), etc. in the land to be stored.
The appraisal organization shall issue an appraisal report in accordance with the provisions of the entrusted appraisal agreement. In principle, the price determined in the appraisal report shall be used as the guiding price for the storage compensation fee. If there are special reasons, the management committee may negotiate with the original land use right holder to determine the storage compensation cost. The negotiated storage compensation fee shall be submitted to the Land Coordination and Promotion Leading Group for study and determination.
(F) program approval. Land reserve sub-center to prepare land storage program and entrusted care program, consult the relevant departments of the management committee, reported to the party working committee management committee for approval. Operational land storage program should be reported to the original organization of the ceding authority for review.
(VII) Signing of contracts. After the approval of the land storage program, the land reserve sub-center and the original land use rights signed the "State-owned land use rights storage contract".
(viii) Change of ownership. The original land use right holder and the land reserve sub-center jointly apply to the real estate registration department for change of ownership.
(ix) Land delivery. After the original land use right holder formally delivers the land to the management committee, the land reserve sub-center and the High-tech Municipal Management Company Limited sign the Entrusted Management Contract.
(x) Payment of fees. The Land Reserve Sub-center pays the cost of storage to the original land use right holder according to the amount, period and method agreed in the State-owned Land Use Right Storage Contract.
Article 4 The appraisal organization shall follow the principles of lawfulness, independence, objectivity, impartiality and good faith in the appraisal of the land to be stored. The appraisal institution shall sign a project-specific commissioned appraisal agreement with the land reserve sub-center, specifying the appraisal content, time, cost, legal responsibility and relevant requirements.
Article 5 Scope of Appraisal:
(1) Appraisal of the value of land.
(2) Value assessment of house buildings, renovations, structures and auxiliary facilities. (iii) Residual value assessment of non-removable equipment.
(iv) The assessment of costs such as relocation of movable equipment and greening of entitled properties and, where appropriate, the assessment of compensation for damage caused by partial relocation.
Article 6 Assessment Principles:
(1) The land use of the land to be stored is industrial land or the land acquisition method is allocated land
1. The compensation value of the land to be stored is assessed with reference to the industrial benchmark land price of the region to which the land parcel belongs.
2. The compensation value of ground buildings and structures is assessed by the market replacement method.
3. Non-movable equipment is assessed for its residual value of use, and movable equipment, greening and other assets are assessed for their costs of relocation, commissioning and installation, etc., and part of the compensation for relocation damage is given as appropriate.
4. The appraisal of storage of allocated land can refer to the appraisal principles of industrial land mentioned above. If the actual price at which the original land use right holder acquired the allocated land is higher than the appraisal price, the actual price will be referred to.
(2) The land use of the land to be resumed is for business purposes
1. The compensation value of the land to be resumed and the compensation value of the buildings on the ground shall be assessed by adopting the market comparison method.
2. Non-movable equipment is assessed for its residual value of use, and movable equipment, greening and other assets are assessed for their costs of relocation, commissioning and installation, etc., and part of the compensation for relocation damage is given as appropriate.
(3) Others
1. If there are special circumstances, the report shall be submitted to the Leading Group for Land Coordination and Promotion for consideration and determination.
2. If the municipal government has other instructional documents on the compensation for storage, it will be handled in accordance with the spirit of the municipal government documents.
Article 7 Negotiation Principles:
(1) Based on the actual inputs made by the original land-use right holders in the land development and construction, the specific negotiation on the cost of storage compensation.
(2) The original land use right holder shall provide detailed contracts, invoices, bank stubs and other relevant documents.
(3) The above ground buildings (structures) and attachments shall be subject to the valuation by the appraisal organization.
(4) Expenses that can be recognized as compensation for storage:
1. Land premium or allocation fee.
2. Taxes and fees arising from land, mainly including stamp duty, deed tax, farmland tax and land use tax.
3. Non-engineering project development fees such as site investigation, surveying, planning and design of the land.
4. The assessed value of buildings and attachments on the ground.
5. Interest expenses. Accounted for in accordance with the bank's benchmark lending rate for the same period, the maximum increase in the lending rate does not exceed the statutory maximum interest rate announced by the People's Bank of China.
6. Other expenses confirmed as compensable by the Management Committee.
Article 8 The land after storage is unified into the reserve management. Before the reserve land is formally offered for sale, Hi-Tech Municipal Management Company Limited assumes the management responsibility. The management committee will be considered to determine the specific management methods, mainly the following two:
(a) "barren to green". The City Council to reserve land into the annual "green" construction program, according to the jurisdiction of the "green" policy, notify the High-tech Municipal Management Limited specific implementation.
(2) entrusted care. Land reserve sub-center and high-tech municipal management limited company signed the "entrusted care contract", notify the high-tech municipal management limited company to do the daily care of the reserve land, mainly including inspection, cleaning, protection and other work. Requirements for entrusted care are subject to the consideration and determination of the Management Committee's Dajiankou meeting and are included in the "entrusted care contract".
Article 9: When the original land use right holder delivers the land net or delivers the reserve land with attachments after negotiation, the land reserve sub-center convenes the URA, the Urban Development Bureau, the High-tech Municipal Administration Limited to jointly confirm the site and sign the "Land Handover Order". The Land Handover Order shall specify the management mode of the reserve land.
If the land handover is difficult due to special circumstances such as the involvement of lawsuits or evasive behavior of the original land user, the legal adviser of the Management Committee will issue a Letter from the Lawyer to the original land user, requesting that the land handover be completed within a certain period of time, and the land handover will be taken over by the Hi-Tech Municipal Management Company Limited after the expiration of the period.
Article 10 of the reserve land is identified as "green", the City Administration in accordance with the jurisdiction of the "green" related policies to do the implementation and supervision.
Article XI of the reserve land is determined to be entrusted with the care of the land reserve sub-center to prepare entrusted with the care of the program, consult with the relevant departments and reported to the management committee for approval before taking effect and implementation. The cost standard is implemented with reference to the Notice Issued by the General Office of the Nanchang Municipal People's Government on Strengthening the Municipal Reserve Land Care and Temporary Utilization (Hongfu Hall [2018] No. 281), as follows:
(1) Daily care and maintenance costs. A monthly lump-sum system is adopted, which includes basic management costs such as labor, water and electricity, communication and transportation, cleanup, and fence repair incurred during the period of care and maintenance. The fee payment time is counted from the date of signing of the Land Handover Order, and the termination time is based on the date of signing of the Contract for Granting the Right to Use State-owned Construction Land or the Decision on Allocation of State-owned Construction Land. The fee standard is: 5,000 yuan/month for reserve land area less than 20 acres; 8,000 yuan/month for 20 acres (including 20 acres) - 50 acres; 15,000 yuan/month for 50 acres (including 50 acres) - 100 acres; and 20,000 yuan/month for more than 100 acres (including 100 acres). In principle, the management costs are settled once every six months, and those less than six months are settled by the actual date.
(ii) Enclosure construction costs (including walls and fences, and the setting of signs). According to the management committee of the large construction of the mouth will be considered to determine the entrusted care standards, should be in the reserve land to the construction of enclosure for daily care, in principle, the use of brick-concrete structure, the height of not less than 2.2 meters, the cost of 600 yuan / m, to take the reimbursement of expenses; reserve land to the existing enclosure or the construction of enclosure during the period of management, the enclosure repair funds from the daily cost of care expenses.
Article XII of the Urban Renewal Authority to produce "reserve land assessment sheet", should be listed item by item "entrusted care contract" agreed entrusted care requirements, while quarterly in conjunction with the Urban Council, the land reserve sub-center, the High-tech Municipal Administration Limited to go to the site for assessment. Not fully in accordance with the entrusted care requirements to fulfill their obligations, deduct 10% of the current quarter daily care costs. By the relevant departments of the higher level of public notification requirements for rectification, deduct the current quarter of all daily care costs.
Gaoxin Municipal Management Co., Ltd. applies to the land reserve sub-center every six months for the reserve land care expenses, the amount of expenses is determined by the "entrusted care contract" and the "reserve land appraisal sheet".
Article 13 If one of the following serious cases of encroachment on the reserve land occurs, the Land Reserve Sub-center shall terminate the Entrusted Care Contract in advance and hold the entrusted care institution responsible for the corresponding breach of contract:
(1) Unauthorized construction is found on the reserve land.
(ii) Illegal use of reserve land for business activities.
(iii) Failure to cooperate with the cleanup and transfer of the reserve land.
(4) Other cases of changing land use, illegally occupying the reserve land, polluting the reserve land, and other serious damage to the reserve land.
Article 14 The Entrusted Care Contract does not specifically agree on the duration, and in principle, it will be dissolved on the date of signing the Contract for Granting the Right to Use State-owned Construction Land or the Decision on Allocation of State-owned Construction Land of the reserve land. Due to special circumstances such as temporary rental, the land reserve sub-center has the right to unilaterally terminate or adjust the entrusted care contract in advance.
Article 15 These provisions shall be implemented from the date of approval, and the Implementing Rules for the Storage of State-owned Inventory of Construction Land in Nanchang Hi-tech Zone (Hongxin Gaoxin Guanfa 〔2013〕 No. 7) issued by the Management Committee on April 24, 2013 shall be repealed at the same time.
