(Adopted at the Thirty-Second Meeting of the Standing Committee of the Second Shenzhen Municipal Peoples Congress on May 6, 1999 and promulgated by Public Notice No. 28 of the Standing Committee of the Shenzhen Municipal People’s Congress of May 6, 1999)
Chapter I General Provisions
Article 1 In order to guarantee the reasonable use of land resources and successful implementation of urban planning, regulate the act of land requisition and land reentry, and protect the legal rights and interests of parties concerned, these regulations are hereby formulated in accordance with the basic principles of laws, regulations and in light of the practical conditions of the Shenzhen City.
Article 2 The land requisition referred to in these regulations shall mean the act of the state to requisition collectively-owned land with compensation and replacement for the public interest or the implementation of urban planning according to law.
The land reentry referred to in these regulations shall mean the act to reenter the right to use the state-owned land in accordance with laws and regulations, the stipulations of these regulations, contracts for conveyance of the right to land use (hereinafter referred to as conveyance contracts), and contracts for temporary use of the state-owned land (hereinafter referred to as temporary contracts).
Article 3 The Shenzhen Municipal People’s Government (hereinafter referred to as the municipal government) shall make decisions on land requisition according to the laws and regulations of the state and the rules on land use planning.
The department of land management of the municipal government (hereinafter referred to as the responsible department) shall be the responsible department in charge of the organization and implementation of land requisition and land reentry. The agencies of the responsible department (hereinafter referred to as the agencies) shall, with the authorization of the responsible department, organize and implement the requisition or reentry of land.
When the responsible department or the agencies organize and implement the requisition or reentry of land, they may entrust development and construction units with the specifics of compensation, replacement, etc.
Article 4 The related departments of the municipal government, district people’s governments, and organizations at the basic level shall assist and cooperate with the responsible department or the agencies in doing a good job of the requisition and reentry of land according to their respective duties.
Article 5 In the requisition and reentry of land, the interests of the state, collectives, and individuals shall be taken account of, the legal rights and interests of parties concerned shall be protected, and parties concerned shall be given reasonable compensation and appropriate replacement except those who shall not be given compensation and replacement according to laws, regulations, agreements on land requisition, conveyance contracts, and temporary contracts.
The parties concerned referred to in the previous section of this article shall include the units whose land is requisitioned or the units and individuals whose land is reentered.
Chapter II General Rules
Article 6 In case of land requisition, the formalities of approval shall be gone through according to the procedure established by the related laws, regulations of the state.
In case of the requisition of the land in a protective zone for agriculture, it shall be carried out strictly according to the related laws of the state and Several Rules of the Standing Committee of the Shenzhen Municipal People’s Congress on Strengthening the Administration of Protective Zones for Agriculture.
Article 7 In case of the requisition and reentry of land, a written decision shall be made and directly served on the party concerned within 5 days from the date of the approval of the decision; if personal service cannot be done, service by public notice shall be provided. Constructive service of process shall be seen as completed after 15 days from the date of publication.
A written decision shall include the following items such as the location, limits, area, time, reason, grounds of land requisition or land reentry, the method of contact for consultation on compensation and replacement, and the requirements to the party concerned.
The party concerned whose land is requisitioned or reentered shall bring the certificate of land ownership to the responsible department or the agency to register for compensation for land requisition or land reentry within 30 days from the date of the service of the decision.
Article 8 From the date of making a decision on land requisition or land reentry to the date of making a decision on compensation and replacement or signing an agreement on compensation and replacement, the department of public security shall temporarily stop processing residents’ application for the registration for permanent residence and the split of registered permanent residence within the limits of the land. If the registration for permanent residence or the split of registered permanent residence is indeed necessary because of birth, demobilization of servicemen, marriage, etc., it shall be processed only after approval from a district people’s government.
The responsible department or the agencies shall promptly notify the department of public security of the dates referred to in the previous section of this article.
Article 9 After the service of a written decision on land requisition or land reentry, the party concerned shall not take the following acts on the requisitioned land or reentered land:
(1) to dispose of the land without authorization or to construct, reconstruct, extend, and fit up a building and attachments on the land;
(2) to engage in activities of growing and breeding, etc. in order to increase compensation or to raise the standard of replacement;
(3) to convey, mortgage the related land rights or buildings, attachments on the land;
(4) to establish or change the leasehold relationship.
Article 10 If compensation, replacement is needed for land requisition or land
reentry, the responsible department or the agency shall consult with the party concerned on the compensation, replacement within 60 days from the date of the service of the decision on land requisition or land reentry.
In case of the failure to reach an agreement on compensation, replacement with the party concerned after the time limit stipulated in the previous section of this article, the responsible department or the agency shall make a decision on compensation, replacement for land requisition or land reentry within 30 days.
After a decision on compensation, replacement has been made according to the second section of this article, if the party concerned refuses to execute it and fails to hand over the land and the buildings, attachments on the land, the responsible department or the agency may apply to the people’s court for forcing the party concerned to move out.
Article 11 There shall be no compensation if land requisition or land reentry relates to one of the following situations:
(1) illegal construction;
(2) violation of Items (1), (2) of Article 9 of these regulations;
(3) land requisition without compensation;
(4) no compensation according to related laws, regulations.
Article 12 The staff members of the responsible department or the agencies or
other entrusted units may, according to the needs of the work on land requisition or land reentry, enter the land to be requisitioned or reentered and the buildings and attachments on the land to do an on-the-spot survey.
Article 13 If the party concerned of land requisition or land reentry has not drawn the payment for compensation and replacement, the money shall be put under the management of the responsible department or the agency on their behalf.
Chapter III Land Requisition
Article 14 Land requisition shall be done with a plan in accordance with the needs of social and economic development, overall urban panning, and overall land-use planning, and in compliance with the arrangements in the plan of land development and supply. The requisitioned land shall be developed and used according to the real needs of the urban planning and the land use for construction projects, and shall not be allowed to lie idle.
Article 15 Land requisition shall be organized and carried out unitarily by the responsible department or the agencies, and other units, organizations, groups, or individuals shall not requisition collectively-owned land by any means.
Article 16 Land requisition shall be carried out according to the following procedure:
(1) a work plan of land requisition should be made according to the needs of construction and the requirements of urban planning;
(2) the work plan of land requisition should be reported for approval according to the procedure for examination and approval, and a decision should be made on whether to approve the work plan of land requisition;
(3) a written decision on land requisition should be served according to Article 7 of these regulations;
(4) the party concerned whose land is requisitioned should register for compensation;
(5) the party concerned should be consulted on a work plan for land compensation and replacement, and an agreement should be signed;
(6) if an agreement cannot be reached on compensation and replacement, a decision on compensation and replacement should be made according to Article 10 of these regulations;
(7) an agreement on land compensation and replacement or a decision on land compensation and replacement for land requisition should be implemented.
The work plan of land requisition referred to in the previous section of this article
shall include the location, area of requisitioned land, the amount of compensation for requisitioned land, and the schedule of land requisition, etc.
Article 17 In case of land requisition, the compensation for requisitioned land shall be paid according to the rules. Related departments shall appraise and reduce the agricultural tax on the basis of the decision on land requisition.
Article 18 The methods and standards of calculation of compensation for land requisition, including compensation for land, subsidy for replacement, and compensation for unharvested crop, buildings and attachments, shall be determined by the municipal government according to the laws, regulations of the state, and these regulations when taking into account also the factors such as land categories, state of current use, output value, etc.
The methods and standards of calculation of compensation for land requisition shall be made public.
Article 19 The units whose land is requisitioned shall open a special account to deposit the compensation for land requisition at the financial institutions in Shenzhen City.
The responsible department or the agencies shall, within the time limit set by an agreement on land requisition or a decision on land requisition, remit compensation to the special account of the compensation for land requisition opened by the units whose land is requisitioned.
Article 20 The compensation for land requisition shall be put into the unitary management and use by the unit whose land is requisitioned, and be used for the development of production. The subsidy for replacement included in this compensation may be used as the employment allowance for those to find a job on their own and as the living allowance for those who are disabled.
Article 21 If there is a contract on the use of the land to be requisitioned between a unit whose land is requisitioned and the third party that involves compensation, the unit and the third party shall consult with each other and come to a settlement.
If the unharvested crop, buildings and attachments on the requisitioned land belong to the third party, the unit whose land is requisitioned shall transfer the compensation for unharvested crop, buildings and attachments to the third party.
Article 22 The responsible department or the agencies shall, jointly with the related departments of district people’s governments, make sure through direction and supervision that the related laws, regulations and policies on the compensation for land requisition are carried out. The related departments of district people’s governments shall direct and supervise the management and use of the compensation for land requisition, the distribution of returns, and the arrangements for employment.
A unit whose land is requisitioned shall make public to the members of the unit the income and expenses of the compensation for land requisition and accept supervision.
Chapter IV Land Reentry
Part I Limits of Land Reentry
Article 23 If there is one of the following situations, the responsible department or the agencies may reenter the land and the buildings and attachments on the land without compensation:
(1) the term of a conveyance contract expires;
(2) the land user died and has no legal heir;
(3) the judgment, ruling, and decision on land confiscation made by the people’s court or the responsible department according to law has taken effect;
(4) the other situations stipulated by laws, regulations.
Article 24 If there is one of the following situations, the responsible department
may reenter the land conveyed with consideration before the term expires:
(1) there is a need for public interests;
(2) highways, railroads, and airports are discarded after examination and approval;
(3) a land-user unit has been moved or dismantled according to law;
(4) there is a need for carrying out the urban planning and the reconstruction of old urban areas.
Article 25 If it is necessary for the city construction and development and for the
implementation of the urban planning, the responsible department or the agencies may reenter the administratively-allotted land.
Article 26 After a decision on land reentry takes effect, the responsible department or the agencies may actually possess the land and the buildings, attachments on the land, and may dispose of them according to specific conditions.
Article 27 After the judgment, ruling on land confiscation made by the people’s court takes effect, the confiscated land shall be handed over to the responsible department or the agencies for management.
Article 28 The time of land reentry:
(1) in the situation stipulated by Item (1) of Article 23 of these regulations, the time of land reentry shall be the expiry date of the right to use the land;
(2) in the situation stipulated by Item (3) of Article 23 of these regulations, the time of land reentry shall be the date when the judgment, ruling on land confiscation takes effect;
(3) except for the situations stipulated in Items (1), (2) of this article, the time of land reentry shall be the date when the decision on land reentry is made.
Part II Compensation and Replacement for Land Reentry
Article 29 An agreement on compensation and replacement for land reentry shall be concluded through consultation according to these regulations and the standards set by the municipal government.
An agreement on compensation and replacement shall include the terms concerning the way and amount of compensation, the way and location of replacement, the way of moving for transition and the time limit of transition, the liabilities for the breach of the agreement, etc.
If the party concerned demands an assessment, the responsible department or the agencies shall entrust a property assessment institution with the assessment. The charge for the assessment shall be born by the responsible department or the agencies.
Article 30 The compensation for land reentry may be made by exchange of property right, conversion to cash payment, or combination of exchange of property right and conversion to cash payment.
Article 31 In case of the reentry of the administratively-allotted land on which houses are already built, compensation may be made by exchange of property right.
When making compensation by exchange of property right, the responsible department or the agencies shall provide the real estate of the same use, appropriate value for compensation. If there is a price difference between properties for exchange, the price difference in land shall be calculated according to the land prices at the time of land reentry, the price difference in the area, structure, and quality of buildings shall be calculated according to the cost of construction.
Article 32 If there is one of the following situations, compensation may be made by conversion to cash payment:
(1) the party concerned agrees to accept cash payment;
(2) there is no building on the land
(3) to reenter the land before the expiry date of the term according to Item (3) of Article 24 of these regulations;
(4) to reenter the administratively-allotted land for non-residential use in which the user unit has made real investment;
(5) after the time limit stipulated by Article 10 of these regulations for consultation on compensation and replacement expires, the responsible department or the agencies have decided to make compensation by cash payment;
(6) the other situations stipulated by the municipal government.
Article 33 In case of making compensation by conversion to cash payment for the
reentry of the land conveyed with consideration, compensation shall be made for the land and the buildings, attachments on the land during the remaining years of the term. The amount of cash payment for the land compensation during the remaining years of the term shall be calculated by reference to the price set through the assessment at the time of land reentry; if there is reduction or exemption of land price, the amount which is reduced or exempt shall be deducted from the compensation in advance. The compensation for the buildings, attachments on the land shall be calculated according to their replacement prices when taking into account depreciation as a factor.
In case of making compensation by conversion to cash payment for the reentry of the administratively-allotted land, compensation shall be made just for the buildings, attachments on the land, the method of calculation shall follow the rules in the previous section of this article.
Article 34 When there is a temporary lack of capability to make compensation by exchange of property right that is supposed to be done, the responsible department or the agencies shall make appropriate arrangements for affected land users to have temporary dwelling placed, and bear the resultant expenses. If land users find temporary dwelling places on their own, the responsible department or the agencies shall pay the allowances for temporary replacement according to the related standards.
Article 35 After the responsible department or the agencies have performed agreements on compensation and replacement, land users shall move out of the temporary dwelling places arranged according to Article 34 of these regulations.
If exchange of property right cannot be realized after the time limit for transition not for the reason of the party concerned, the responsible department or the agencies shall double the payment to the party concerned for the allowances for temporary replacement.
Article 36 The expanses of moving caused by the land reentry according to Item (4) of Article 24 and Article 25 of these regulations shall be paid to land users by the responsible department or agencies on the principle of reasonableness.
Article 37 In case of reentering the land whose title is in dispute, the responsible department or the agencies may make a decision on compensation and replacement in advance.
The responsible department or the agencies shall make a survey record of the reentered land and the buildings, attachments on the land, and ask a notary organization to process the conservation of evidence.
Article 38 If the reentered land and the buildings on the land are used to create the right to mortgage, the responsible department or the agencies shall notify both mortgagor and mortgagee at the time of land reentry. The mortgagor and mortgagee shall resign their mortgage agreement or mortgagor shall directly clear off debts.
In case of making compensation by conversion to cash payment, compensation may be made only after mortgagor and mortgagee have recreated the right to mortgage or reached an agreement on clearing off debts.
Article 39 The responsible department or the agencies shall make compensation for the direct economic losses caused by the stop of production, operation because of land reentry, except in case of the land reentry which should be done without compensation.
Article 40 In the situation stipulated by Item (3) of Article 24 of these regulations, the responsible department or the agencies shall make a payment for compensation and replacement to the liquidating organization or the ownership unit of the dismantled land-user unit.
Article 41 In case of providing a house as compensation for land reentry, if the party concerned has not gone through the handing over procedure, the house shall be managed by the responsible department or the agencies for the party concerned.
Part III Reentry of the Land for Temporary Use
Article 42 If one of the following situations applies to the state-owned land which has been temporarily leased after approval by the responsible department or the agencies, the responsible department or the agencies may reenter the land for temporary use without compensation:
(1) the term of lease set by a temporary contract expires;
(2) the land for temporary use has to be reentered because the party concerned violates the temporary contract;
If returning the land for temporary use has been rejected, the responsible
department or the agencies may enforce the reentry according to the related laws, regulations.
Article 43 Before the term of temporary use of land expires, the responsible department or the agencies may reenter the land for temporary use because of the needs of city construction and development and the needs of urban planning.
In case of reentering the land for temporary use according to the previous section of this article, the responsible department or the agencies shall make appropriate compensation to the party concerned according to the period of time of actual use of the land.
Chapter V Legal Liabilities
Article 44 If land requisition has been examined and approved without authorization or beyond authorization in violation of Article 6 of these regulations, it shall be punished for illegal occupation and use of land, the responsible department, agencies or the department of administrative supervision of the municipal government shall investigate into the administrative responsibility of the person in charge and directly responsible persons of the unit which violates law.
Article 45 If an agreement on land requisition with a rural collective economic organization or its members has been signed without authorization in violation of Article 15 of these regulations, the agreement on land requisition shall be invalid; any development and construction on the illegally acquired collectively-owned land shall be punished for illegal conveyance of land.
Article 46 In case of violation of Article 9 and Item (1) of Article 35 of these regulations, the responsible department or the agencies shall order to stop illegal acts, confiscate illegal earnings, and may also impose a fine of 30,000 RMB.
Article 47 If a development and construction unit entrusted with the compensation and replacement for land requisition or land reentry is in one of the following situations, the responsible department or the agencies shall order to stop illegal acts, recover its illegal money, and may also impose a fine of more than 30,000 but less than 50,000 RMB:
(1) overstepping the scope of power delegated by the responsible department or the agencies to deal with compensation and replacement;
(2) raising the standard of compensation and replacement without authorization;
(3) practicing fraud on the advanced payment for compensation and replacement when settling accounts with the responsible department, agencies.
Article 48 If anyone uses, docks, withholds, misappropriates, privately partitions
the fund for compensation and replacement, the responsible department or the agencies shall order to make restitution; the unit with which the party concerned is affiliated or the department of administrative supervision shall impose an administrative sanction on this person.
Article 49 If the party concerned has an objection to the decision on compensation and replacement and the decision on an administrative sanction made by the responsible department or the agencies, an application for administrative review may be filed within 15 days from the date receiving the notice of the administrative decision or administrative sanction from the responsible department or the agencies. If the party concerned has an objection to the decision of administrative review, a legal action may be taken at the people’s court within 15 days from the date of receiving the notice of the decision of administrative review.
The party concerned may also directly take a legal action at the people’s court within 15 days from the date of receiving the notice of the decision on compensation and replacement or an administrative sanction from the responsible department or the agencies. If there is neither application for review, nor legal action, nor implementation of the decision on compensation and replacement or the decision on sanction, the office which made the decision shall apply to the people’s court for enforcement.
Article 50 In case of threatening, intimidating, cursing, beating up the staff members of the responsible department or the agencies, or other entrusted personnel, and obstructing land requisition and land reentry, the public security office shall impose administrative sanctions according to law; if a crime is constituted, the judicial office shall investigate into the criminal responsibility according to law.
Article 51 If the staff members of the responsible department or the agencies, or entrusted personnel neglect duties, abuse power, practice favoritism and engage in irregularities in land requisition and land reentry, the department of administrative supervision of the municipal government or the units with which these persons are affiliated shall impose administrative sanctions; if a crime is constituted, the judicial office shall investigate into the criminal responsibility.
Chapter VI Supplementary Provisions
Article 52 The specific standards of the payments for compensation, subsidies for the replacement caused by the land requisition and land reentry referred to in these regulations shall be set by the municipal government according to these regulations.
Article 53 The municipal government shall appropriately deal with the issues left over from the past in land requisition according to the related laws, regulations, and policies.
Article 54 If the responsible department or the agencies have already signed with parties concerned the agreements related to land requisition or land reentry before these regulations take effect, these agreements shall be honored.
Article 55 The compensation and replacement for demolition and removal of the houses of overseas Chinese shall be dealt with according to the related provisions of Rules of the Guangdong Province on the Demolition and Removal of the Houses of Overseas Chinese.
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