307 Rules for Implementing the Rules of Shenzhen Special Economic Zone on Dealing Historical Illegal Buildings Used for Production and Business

(Adopted at the 52nd Executive Meeting of the Third Shenzhen Municipal Government, promulgated by Decree No.112 of Shenzhen Municipal People’s Government on February 15th , 2002) 

Article 1 According to the provisions of Article 11 of the Rules of Shenzhen Special Economic Zone on Dealing Historical Illegal Buildings for Production and Business (hereinafter referred to as the rules), these implementing rules are hereby formulated. 

Article 2 Shenzhen Municipal People’s Government shall set up the leading group for dealing illegal construction, which shall manage and coordinate the work of dealing illegal buildings used for production and business in the whole city. 

All district people’s governments shall set up their own leading groups, which shall be composed by the district people’s government, the departments in charge of planning and land resources, construction, urban managements, public security, fire, environment protection, trade and industry, culture, health, leasing and street offices (town government) and other relevant departments, and shall take charge of the management and coordination in dealing illegal buildings under their jurisdiction. 

The leading groups shall establish offices for charging daily affairs. 

Article 3 No property right shall be authorized to any illegal building used for production and business which is listed in the old city transformation area. 

Article 4 A land requisition contract shall be signed with the collective economic organization of the village when the supplementary land requisition procedures for the illegal buildings are cleaned. 

Article 5 According to the provisions of Article 7 of the Rules, initial registration shall be made for the illegal building when it is under the procedures of property right registration after the punishment has been executed. Anyone who applied for the initial registration of an illegal building shall submit the following documents: 

1. the Applications for the Initial Registration of Real Estate; 

2. the proof of applicant’s identity; 

3. the Contract of Land-use Right Transferring which is signed for supplementation in accordance with the provisions of Article 5 of the Rules, and the evidence showing that the fine and land money has been paid;   

4. the construction quality inspection certification provided by an agency of construction quality inspection; 

5. the fire detection certification provided by the department of public security and fire; 

6. the housing area measurement report and land map provided by a measurement agency which is recognized by the registration department; 

7. other documents required by the registration department. 

The fine charging standards of Baoan District and Longgang District shall be determined by their respective local government. 

Article 6  When collecting the fine and land money on illegal buildings, the principle of “centralizing firstly, distributing secondly” shall be carried out. The money collected shall be all managed as part of the city land fund, and be allocated step by step afterwards. The specific allocation ratio shall be 35 % to 65 % between the municipal government and district governments in the Special Economic Zone, and 25% to 75% outside the Special Economic Zone. The allocation ratio between the district government and street (town) government shall be determined by the district government. 

The money mentioned above shall be used specially for paying the basic equipments and matching facilities of city construction to improve the overall environment of the city, according to the relevant provisions on the use of state-owned land fund and under the supervision of the finance department. 

Article 7 These implementation rules shall take effect on March 1 2002.