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460 Decision of Shenzhen Municipal People's Government on Deepening the Reform of Institutional Mechanism of Planning and Land Resources 深圳市人民政府关于深化规划国土体制机制改革的决定

来源:深圳市司法局 日期:2019年12月27日 字号:[] 【内容纠错】

(Adopted at the 76th Meeting of the Standing Committee of the Sixth Shenzhen Municipal People's Government on May 5, 2017)

   In order to promote the reform of institutional mechanism of planning and land resources in accordance with law, the municipal government hereby decides that:

1. The district government (including the management organs of the new district, the same below) shall exercise following functions and powers previously exercised by the municipal government, including:

(1) examining and approving of the supply plan of land obtained through bidding, auction and listing and the implementation plan of the use of agricultural land for other purposes, except for the land of commercial housing (including affordable commercial residential housing) and other lands subject to provisions otherwise stipulated by the municipal government;

(2) examining and approving of the implementation plan of construction land supplied by allocation or agreement (including urban renewal projects) and the use of agricultural land for other purposes, except for reserved land allocated from state-owned reserved land, land returned from land requisition, land for relocation and resettlement, land for municipal construction investment and construction projects which are not subject to examination and approval by the district government, and other lands subject to provisions otherwise stipulated by the municipal government.

The municipal urban planning, land and resources commission shall report the above-mentioned work related to examination and approval by the district governments to the municipal government every six months. The supervision after examination and approval of the above-mentioned construction land (including disposal of unused land) shall be the responsibility of the district governments.     2. The district governments and its functional departments shall exercise the following functions and powers previously exercised by the municipal urban planning, land and resources commission and its local offices, including:

    (1) reporting for review on the reserved land, the land returned from land requisition, and the land for relocation and resettlement, which shall be allocated outside the state-owned reserved land in the land reconditioning projects and which is related to areas without approved statutory plans, or requires adjustment of the mandatory content of approved statutory plans;

(2) examining and approving land for temporary use and temporary construction (including issuing the land for temporary use planning license, signing the contract of land for temporary use of land contract, carry, carrying out land reclamation management and issuing the temporary construction project planning license, etc.);

    (3) adjudicating disputes over the scope of the exploration and survey operations areas and mining areas between the exploration licensees and the mining right holders.    3. Matters concerned administrative reconsideration, litigation, petition to maintain stability, and information disclosure when the district government and its functional departments specifically go through transfer procedures of specific functions and powers.

4. The local offices of urban planning, land and resources commission shall be responsible for the administrative management of urban planning, land, real estate, surveying and mapping, geology and minerals and geographic names within the jurisdiction, and the administrative law enforcement of real estate, surveying and mapping, geology and minerals and geographic names within the jurisdiction.

    Decision of Shenzhen Municipal People's Government on Deepening the Reform of Institutional Mechanism of Planning and Land Resources herein shall come into effect as of the date of promulgation. Other matters not covered herein concerning the reform of the institutional mechanism of planning and land resources are implemented in accordance with the relevant provisions of the municipal government.