Guidelines on revitalizing idle land and promoting the expeditious performance and commissioning of land lots that have not commenced and completed on schedule (for trial implementation)
2024-03-20 00:00

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      In order to deeply implement the "State Council General Office of the State Council on the further revitalization of the stock of assets to expand the views of effective investment" (State Council [2022] No. 19). Make full use of and revitalize the land resources, improve the efficiency of land development and utilization, accelerate the development and construction of land has been supplied, according to the relevant national land conservation and intensive use of policies and "idle land disposal methods" (Ministry of Land and Resources Decree No. 53), "four areas of the city's unused land and part of the land is not completed in accordance with the schedule of the special management action work plan" (Dazhengban letter 〔2022〕 No. 35) and other documents, combined with the actual new district, put forward the following views. the actual situation of the new district, the following comments are put forward.
    First, the scope of application
    Jinpu New Area within the scope of the whole area involves unused land and the completion of various types of construction projects. The natural resources management department of the new area in the disposal of idle land, agreed to start and finish the time, project completion and acceptance of various aspects to be implemented.
    Second, the principle of work
    In the new area of unused land for a comprehensive mapping, fact-finding, objective research and judgment based on the There is a will to continue to develop the enterprise, to ensure that the policy will be used to the full, to realize the new area of unused land resources revitalization, solid investment in the growth of the goal.
    Third, specific measures
    Combined with the reality of the new area, according to different types, different reasons, adhere to the "to use first, different reasons," and "to use first, different reasons.
    Combined with the actual new district, according to different types and different reasons, adhere to the "use first, classified disposal", proper disposal, effective revitalization of land resources.
   (a) the date of handing over the land within two years to start
    Considering a variety of capital construction formalities and the new area is located in the northern winter can not be constructed. The actual situation, in principle, in accordance with the date of handing over the land within two years of the commencement of construction agreed to start the completion time. At the same time, in order to reflect the fairness and universality of the policy, the construction projects that have been agreed to start the construction time, but the start time is less than two years from the date of handing over the land, the start and completion of the project will be completed in accordance with the principle of two years from the date of handing over the land to the construction of the corresponding extension.
   (ii) reasonable set of project construction cycle
       According to the project land use, building scale of the different, the project land construction cycle to determine the as follows:

 

Category

   

Size

   

Construction cycle

   

Residential land

   

3 years

   

Public land (floor area) and other land

   

Less than 80,000 square meters (inclusive)

   

3 years

   

80,000-150,000 square meters (inclusive)

  & nbsp;

4 years

   

Greater than 150,000 square meters

   

5 years

   

Industrial land (land area)

   

Less than 5 hectares (inclusive)

   

2 years

   

5-10 hectares (inclusive)

& nbsp;  

3 years

   

More than 10 hectares

   

   

4 years

   

   Construction land projects with special requirements in terms of process, design, architecture, etc. (including but not limited to biological, medical, and other projects that need to be reported to the State for approval, special geological conditions, and the need to be reported to the State for approval). State approval projects, special geological conditions, special climatic conditions, ultra-high-rise, oversized projects, etc.) start and completion of the deadline can be relaxed as appropriate, the relevant land supply program shall be reported to the Management Committee for approval. For mixed-use land parcels, the completion deadline will be determined according to the principle of "higher or lower".
   (C) epidemic reasons for the start and completion of the date postponed for one year
    project agreed to start or completion date in January 2020 to 2022, the epidemic prevention and control of the period of December, the completion date of the project is in the January 2020-2022 During the period from January 2020 to December 2022, the epidemic prevention and control period and the survival period of the impact of the epidemic according to one year, can be recognized as force majeure, not counted in the construction and completion of the default period; the epidemic on the impact of the special industries have differences in the comprehensive consideration of the development of land use rights of the use of landowners, the nature of the industry, approved by the Management Committee of the new area to determine the prevention and control of the epidemic and the survival of the impact of the epidemic period.
   (d) less than 1/3 of the area of idle land in accordance with the non-enterprise reasons for disposal
    for the development has been initiated but less than the amount of investment For those who have started the development but the investment amount is less than 25% of the total investment amount or the construction area has been started less than 1/3 of the area that should be started, and the construction is suspended for one year, the extension of the period of starting the development, adjusting the conditions of the land use planning, the temporary use of the government arrangements, the agreement on the compensated recovery, land replacement and other ways to dispose of the land, and do not enter into the collection of idle fee or the procedure of uncompensated recovery.
   (E) business reasons for part of the completion date is not on schedule, re-agree on the date of completion due to the land use rights of their own reasons for completion of the completion of the land use rights of the land use rights of the land use rights of the people agreed to the date of implementation of the views of 1 year to start, within 3 years of the completion of the new natural resources department can be with the land use rights of the land use rights of the people signed a supplementary agreement to clarify the land use rights of the people. The land use right holder can sign a supplementary agreement with the land use right holder to clarify the following matters:
     1. Upon application by the land use right holder, agree to re-agree on the deadline for the completion of the commencement of the construction work; 2. The natural resources department of the new district on the supplemental agreement to agree to the deadline for the completion of the commencement of the commencement of the construction work and the development and construction of nodes to supervise; 3. If the land use right holder still fails to complete the construction within the re-agreed construction period, the land use right holder shall undertake to agree to calculate the original construction period according to the land contract and bear the responsibility for breach of contract. If the land use right holder completes the construction on time within the re-agreed commencement and completion period, the land use right holder shall not be held liable for the breach of contract for failing to commence and complete the construction on time; 4. If the land plot involves late commencement of construction and late completion, the completion period shall be postponed accordingly after charging the liquidated damages for late commencement of the construction and the completion period shall be postponed accordingly, and the completion period of the land plot shall be charged with the completion amount for the portion of the land plot which is overdue even if the actual completion time is beyond the time limit for completion after the postponed completion period. The actual completion time still exceeds the delayed completion time limit, and the completion of the exceeding part will be charged.
    (6) for the construction did not start on time but completed on time, exempted from the pursuit of the default responsibility of the unscheduled start
     for the completion of the project has been on schedule The completion of the project, even if there was a failure to start on schedule, completion and acceptance of the subsequent links will no longer be pursued in the failure to start on schedule of the default responsibility.
   (g) not on schedule to start and complete the liquidated damages standard adjusted to 0.2 ‰
    Since the date of implementation of this opinion, the signing of the contract for the right to use the state-owned land for construction (hereinafter referred to as the contract). Right to use the paid use contract (hereinafter referred to as the paid use contract) of the construction project, the paid use contract is not on schedule, completion of the liquidated damages standard adjusted to the total amount of state-owned construction land use right transfer price day 0.2 ‰.
For the construction project which has signed the compensated use contract before the implementation of this opinion but has not agreed on the responsibility of opening and completing the project or the agreement is not clear, in the subsequent land supplemental formalities, the standard of liquidated damages for failing to open and complete the project in accordance with the total amount of the state-owned construction land use right concession price of 0.2 per thousand per day.
   (H) judicial disposal of unused land can not be held responsible for the bearer of the right to use the land
    the judiciary to auction, sale, in kind, such as the disposal of unused land, and in the form of debt. Disposed of by the judicial authorities in the form of auction, sale, in kind against debt and other ways of idle land and part of the completion of the land parcels are not completed on schedule, by the natural resources department of the new district reported to the management committee for approval, can no longer be held responsible for the bearer of the judicial disposal of the completion of the land before the completion of the completion of the unscheduled or idle land responsibility, by the new natural resources department of the new district and the bearer of the new agreement on the completion of the completion time. However, except for the verification that there is a direct shareholding relationship between the bearer of the land use right, the holder of the land use right on the certificate, the holder of the other rights of the land use right and the contributors of the three.
   (IX) Judicial seizure may not be counted as a default period
    Judicial seizure of the reasons for the inability of the land-use right holder to start the construction of the new area by the natural resources department for the approval of the management committee. Natural resources department reported to the management committee for approval, the judicial seizure period may not be counted as a default period for the commencement and completion of construction. However, if it is verified that there is a direct shareholding relationship between the land use right holder, the applicant and the contributor of the two, the period of judicial attachment shall not be counted as the default period for the commencement and completion of construction.
   (J) "guarantee delivery of the building" project site is exempted from the responsibility of the completion of the unscheduled
     (J) "guarantee delivery of the building" project site is exempted from the responsibility of the completion of the unscheduled opening of the project. nbsp;  To "protect people's livelihood, stability", support to protect the "guaranteed delivery of the building" project to achieve the delivery of the inclusion of the "guaranteed delivery of the building" projects, such as land use rights holders For projects listed in the "guaranteed delivery of buildings", if the land use right holder takes the initiative to assume the main responsibility to complete the "guaranteed delivery of buildings" task, after reporting to the new area management committee for approval, exempt from pursuing the "guaranteed delivery of buildings" project site land use right holder fails to meet the deadline for the completion of the breach of contract responsibility.
   (XI) the implementation of land preview registration transfer system
    the new district has invested in the amount of less than 25% of the total amount of investment, you can implement land Advance notice of registration transfer system, to open up the transfer of idle land to revitalize the path. In accordance with the "first investment after the transfer" principle, the transaction between the two sides first signed a contract for the transfer of the right to use state-owned land for construction, for real estate advance registration, to be reached after 25%, and then for the transfer of real estate registration.
    This opinion shall come into force on April 20, 2024, and shall be valid for two years.


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