Implementation Measures for Temporary Land Use Management in Nanchang High-Tech Zone (Version 2022)
2022-03-16 00:00

In order to further standardize the land management work in our area, strict approval and management of temporary land use, to protect the legitimate rights and interests of land owners and users, according to the "Land Management Law of the People's Republic of China", "People's Republic of China Urban Real Estate Management Law" and the spirit of the relevant documents of the province and the city, and now combined with the actual situation in our area, the special formulation of this approach.

One, the General Principles

These measures to regulate the management of temporary land in our region, divided into the state-owned land temporary lease and collective land temporary lease.

Two, the scope of application

(a) This approach applies within the jurisdiction of the Nanchang High-tech Zone, including Changdong Town, Mazhou Town, Aixi Lake Management Office and Carp Fish Island Management Office.

(2) In principle, it is not allowed to lease land for production and business activities. Due to the project construction, geological survey and other short-term temporary in our region to rent land to carry out production and business activities, need to be at the same time the tax generated in our region.

Three, temporary lease of state-owned land

(a) Temporary lease of state-owned land for the construction of the following conditions must be met:

1. Construction projects, geological surveys and other short-term (2 years) temporary use of land;

2. Not to build permanent buildings (structures);

3. Land can be restored to its original state and should be restored to its original state after being used.

(2) temporary lease of state-owned land for construction, by the land use enterprises to the high-tech zone management committee to apply for the enterprise grid service center on behalf of the management committee to receive documents for processing, the approval of the management committee agreed to by the Enterprise Grid Service Center to reply. After the reply, the temporary land enterprises provide materials to the High-Tech Branch of the Municipal Natural Resources and Planning Bureau according to the requirements, and sign a temporary land lease agreement (contract) with the High-Tech Branch of the Municipal Natural Resources and Planning Bureau, and then the High-Tech Branch of the Municipal Natural Resources and Planning Bureau combined with the views of the Management Committee to report to the Municipal Natural Resources and Planning Bureau for approval in accordance with the procedures.

(3) The temporary land lease agreement (contract) shall stipulate the location, area, land type, use, use period, use fees, breach of contract, etc., and the High and New Tech Branch of Municipal Natural Resources and Planning Bureau shall set up an account. In the agreement must be clear that the temporary land shall not be sublet, sublet, lease expiration by the temporary land enterprise unconditionally remove the temporary building, restore the original state of the land.

(d) The temporary land use period shall not exceed 2 years. The expiration of the period of time is necessary to continue to use, the land unit should be in the period before the expiration of 15 days to apply for an extension, for extension procedures. Temporary land up to one extension, the extension time does not exceed two years.

(e) The fee for renting the land shall be charged at the rate of RMB 2,000 per mu per month with reference to the requirements of the "Notice Issued by the General Office of Nanchang Municipal People's Government on the Strengthening of Municipal Reserve Land Care and Temporary Utilization of Land" (Hongfu Hall Word [2018] No. 281). If the municipal government documents are adjusted with respect to the fee rate, it will be adjusted accordingly.

For projects in which the government or relevant government departments rent state-owned land as the main body of temporary land use (including projects developed on behalf of district-owned platform companies, major key livelihood projects, etc.), and for projects in which the reduction or waiver of the lease fee is supported in accordance with the relevant regulations and documents, the temporary land use enterprises may apply for the reduction or waiver of the lease fee and report to the The management committee for approval.

(6) The temporary land lease fee on state-owned land is supervised and paid by the District Urban and Rural Construction Bureau. Temporary land use enterprises in accordance with the agreement on temporary land use (contract), to the District Urban and Rural Construction Bureau to apply for payment of land rental fees, coordinated by the District Urban and Rural Construction Bureau of the District Finance Bureau to issue payment codes, land use enterprises with payment codes will be used to pay the full cost of fees and download the bills. If the use is postponed, the land rental fee for the extension shall be agreed and paid in full.

Four, the temporary lease of collective land

(a) the lease of collectively owned land use rights in rural areas, must be through the collective economic organization to convene a villagers' meeting and obtain the consent of more than 2/3 of the members of the collective economic organization to sign a lease agreement (contract) with the collective economic organization. Lease agreement (contract), and report the location of the town (office) for approval, by the town (office) register. Involving temporary construction on the leased land, temporary land enterprises must apply to the Hi-tech Zone Management Committee (with a rental agreement and a written letter of commitment, a commitment not to sublet, not sublet, the expiration of the lease period of unconditional self-removal of the temporary building, to restore the land to its original state), by the Enterprise Grid Service Center on behalf of the Management Committee to receive the paperwork processing, approved and agreed to by the Management Committee by the Enterprise Grid Service Center to be replied to. After the reply, the temporary land enterprises as required to provide materials to the Municipal Natural Resources and Planning Bureau of High-tech Branch, the Municipal Natural Resources and Planning Bureau of High-tech Branch combined with the views of the Management Committee in accordance with the procedures for approval of the Municipal Natural Resources and Planning Bureau.

(2) Construction on leased collective land must also meet the following conditions:

1. Temporary use of land for short-term (2-year period) for construction of building projects, geological survey, etc.;

2. not to build permanent structures;

3. the land can be restored to its original state and should be restored to its original state after being used.

(3) for temporary land use procedures, by the Municipal Natural Resources and Planning Bureau of the High-tech Branch of the location, area, land type, use, duration of use, breach of contract and other contents of the establishment of accounts.

(d) The temporary land use period shall not exceed 2 years. The expiration of the period of time is necessary to continue to use, the land unit should be in the expiration of the period within 15 days before the application for extension, for extension procedures. Temporary land up to one extension, the extension time does not exceed two years.

(E) involves land reclamation, temporary land use enterprises shall prepare land reclamation program, by the Municipal Natural Resources and Planning Bureau of the High and New Bureau of the pre-trial procedures reported to the Municipal Natural Resources and Planning Bureau for approval. After approval, the temporary land enterprise according to the requirements of the reclamation program to pay the full amount of land reclamation deposit, and signed a tripartite supervision agreement with the bank, the Municipal Natural Resources and Planning Bureau of High-tech Branch.

V. Supervisory responsibilities

(a) Municipal Natural Resources and Planning Bureau of High-tech Branch of the district of temporary land use register, inspection and supervision in accordance with the law, and is responsible for supervising the implementation of temporary land use of temporary land users to reclaim responsibility, fulfill the obligation of reclamation; District Urban and Rural Affairs Bureau of High-tech Branch of the district of temporary land use of the register, the law of inspection and supervision, and is responsible for supervising the temporary land use of the implementation of temporary land reclamation responsibility The district urban and rural construction bureau of temporary land applications for preliminary processing opinions; district urban management administrative law enforcement brigade of temporary construction of leased land for on-site law enforcement supervision; towns (offices) to strictly implement the territorial responsibility for the area of collective land leasing supervision and management, registration of registers, villages, the collective economic organization land leasing compliance review, strictly regulate the leasing process.

Departments should provide support for land management work within the scope of the competent business responsibilities, and make concerted efforts to form a synergy and give full play to the overall effectiveness of the supervision mechanism.

(2) Strengthen the land lease supervision, strictly prohibit the lease of unapproved agricultural land for non-agricultural construction, for the construction of the use of temporary land, we must effectively ensure that the temporary land in accordance with the law management, the use of orderly and timely recovery.

(3) City Natural Resources and Planning Bureau of High-tech Branch and District Urban Management Administrative Law Enforcement Brigade to strengthen the coordination and linkage, according to their respective responsibilities, to fulfill the law enforcement and supervision of temporary land use, do not allow the temporary land use without authorization, beyond the scope of the use of the use of the use of the use of the use of the use of the time period, the use of the use of the use of the violation of the purpose. The illegal use of temporary land use behavior timely investigation, stop, illegal units and individuals punished in accordance with the law, constituting a crime according to the law to investigate criminal responsibility, from the source of the phenomenon of illegal use of land to effectively put an end to the phenomenon of the occurrence and spread.

VI. Accountability

(a) According to the relevant provisions of the Organic Law of the Villagers' Committees, the towns (divisions) should effectively take on the supervision and review of the legality and reasonableness of the resolutions of the villagers' organizations.

(2) The land management work will be included in the administrative assessment of the town (office), the annual evaluation, the management committee of the town (office) that fails to fulfill the supervision function according to the law, ineffective management, the formation of illegal land use facts to be accountable, and linked with the unit's work assessment.

(c) This approach is effective from the date of issuance.


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