301 Measures of Shenzhen Municipality on Land Reserve[深圳市土地储备管理办法(2006)]

Decree of Shenzhen Municipal People’s Government 

No. 153 

The Measures of Shenzhen Municipality on Land Reserve was adopted at the twenty-eighth executive meeting of the fourth session of the Municipal Government and is hereby promulgated. It shall be implemented as of August 1, 2006. 

Xu Zongheng, Mayor 

June 5, 2006 

Measures of Shenzhen Municipality on Land Reserve 

Chapter 1   General Provisions 

　　Article 1   In order to strengthen land administration, allocate land resources rationally and enhance the macro-control of the land market by the government, these Measures are formulated according to the provisions of the relevant laws and regulations and in light of the actual conditions of the city. 

　　 Article 2   These Measures are applicable to land reserve administration of the city. 

　　 Article 3   The land reserve referred to in these Measure means that the municipal land reserve institution, in line with these Measures, reserves the land obtained by the Government through expropriation, land transfer, repossession, purchase, swap, etc. according to the law, carrying out necessary arrangement and daily management and providing land under the annual land supply plan. 

　　 Article 4   Uniform reserve and management shall be carried out for reserved land in the city. 

　　 Land reserve administration shall comply with the principles of guarding the land responsibly, using the land rationally and making the standards public. 

　　 Article 5   The land administrative department of the Municipal Government is the department in charge of the land reserve work of the city (hereinafter the “competent department”). 

　　 The competent department shall work out the annual land reserve plan and the mid- and long-term land reserve plan according to the master land use plan, master city plan, near-term city construction plan, land use plan, land supply plan and actual use of land resources, and implement them after obtaining the approval of the Municipal Government. 

　　 Where the annual land reserve plan and the mid- and long-term land reserve plan need to be adjusted appropriately, the approval of the Municipal Government shall be obtained. 

　　 Article 6   The municipal land reserve institution is the working body of land reserve in the city and performs the following duties: 

　　 (1) Organizing the survey on land supply and demand in the whole city according to the city’s national economy and social development plan and the near-term city construction plan, and providing services for the functional departments of the Government that formulate the land reserve plan; 

　　 (2) Formulating the land purchase plan according to the land reserve plan and implementing the plan after it is approved; 

　　 (3) Responsible for reserving and managing the land obtained by the Government through expropriation, land transfer, repossession, purchase, swap, etc. according to the law and providing land according to the annual land supply plan; 

　　 (4) Responsible for raising and using the land reserve funds according to the provisions; 

 (5) Other work related to land reserve. 

Chapter 2   Land reserve 

　　Article 7   The following state-owned land shall be reserved: 

　　 (1) The land uniformly expropriated by the Government that has not been transferred; 

　　 (2) The land for construction that has become state-owned land during the urbanization of Baoan District and Longgang District; 

　　 (3) The land repossessed by the Government according to the law; 

　　 (4) The land obtained by the Government by means of purchase; 

　　 (5) The land obtained by the Government by means of swap; 

　　 (6) The land formed by mountain excavation and sea filling that has not been transferred; 

　　 (7) Other land that needs to be reserved. 

　　 The land that has been included in the management scope of agricultural land, forestry land, urban parks, suburban parks, reservoirs, water-source reserves, river courses and sea walls, and will be handed over to and managed by the relevant departments of the government according to the decision, shall not be reserved. 

　　 Article 8   The land purchased by the Government includes: 

　　 (1) The land not for operation, including industrial land, land for storage and logistics, etc. that has become land for the operation of businesses, residences, offices, hotels, etc. and needs to be purchased because of the adjustment of the city’s plans; 

　　 (2) The land that needs to be purchased because of the implementation of the city’s plans; 

　　 (3) The land purchased according to the application of the land use right holder; 

　　 (4) The land purchased by the government by exercising the right of preemption during the transfer of land use rights; 

　　 (5) The land that needs to be purchased for the restructuring of state-owned enterprises; 

　　 (6) The land that needs to be purchased for the improvement of the old city; 

　　 (7) Other land that needs to be purchased. 

　　 Article 9   All land purchases shall be implemented by the municipal land reserve institution. 

　　 If the land is reserved by means of purchase, the municipal land reserve institution shall work out a plan on the purchase of a particular plot according to the annual land reserve plan and implement it after the examination of the competent department and the approval of the Municipal Government. 

　　 Article 10   After the purchase plan is approved, the municipal land reserve institution shall sign a contract on the purchase of the right to use state-owned land with the original land use right holder. 

　　 Article 11   Where the price of land use right transfer is lower than the benchmark land price announced during the same period, the Municipal Government has the right of preemption and the municipal land reserve institution shall sign a contract on the purchase of the right to use state-owned land with the land use right holder at the transfer price. 

    Article 12   The municipal land reserve institution shall, within one working day after the contract on the purchase of the right to use state-owned land becomes effective, notify the land registration institution in writing to cancel the original registration of the real estate rights of the land purchased. 

Chapter 3   Administration of Reserved Land 

　　Article 13   The land reserve institution shall investigate the location, area, origin, use, aboveground buildings (structures) and other attachments of the reserved land, establish files and machine accounts of reserved land, strictly implement the system of the storage and release of reserved land and carry out dynamic management. 

　　 The municipal land reserve institution shall regularly send the files and machine accounts of reserved land to the competent department, and the competent department shall establish the information system for the management of reserved land in the whole city and achieve the sharing of resources with the relevant departments. 

　　 Article 14   The municipal land reserve institution may carry out arrangement and daily management of reserved land by itself and determine a commission management unit through bid invitation. 

　　 The competent department shall formulate regulations on bidding and carry out the supervision and management of bidding. 

　　 The contract on the commission management of reserved land shall be the uniform contract examined and approved by the department of legal affairs of the Municipal Government. 

　　 Article 15   The arrangement and daily management of reserved land in the city includes: 

　　 (1) Establishing boundary markers, sign boards and encircling nets and carrying out necessary simple afforestation; 

　　 (2) Conducting daily patrols and discovering and stopping the act of illegal occupation and destruction of reserved land in time; 

　　 (3) Managing and protecting the municipal facilities, infrastructure and other economic crops and structures that have been compensated for on reserved land; 

　　 (4) Taking safety protection measures for the dangerous plot and establishing warning boards; 

　　 (5) Other daily management work related to reserved land. 

　　 Article 16   The municipal land reserve institution may carry out rational short-term utilization of reserved land (hereinafter “short-term utilization”), provided that the city’s plans and the annual land supply plan are implemented smoothly. Short-term utilization of reserved land is not subject to the procedures for the release of reserved land. 

　　 Reserved land may only be used as public sports venues and parking lots for social vehicles in a short period, and the period shall not exceed one year. No permanent building shall be constructed during short-term utilization. 

　　 Where reserved land is occupied for temporary uses and temporary buildings, the procedures shall be handled according to the relevant laws, regulations and rules. 

    Article 17   The municipal land reserve institution shall do the land supply work according to the land supply plan. 

Chapter 4   Land reserve Funds and Expenses 

　　Article 18   The Municipal Government shall arrange special land reserve funds for land purchase and land reserve administration. 

　　 A special financial account shall be established for land reserve funds. The revenue and expenditure shall be managed separately under the guidance and supervision of the municipal financial department. 

　　 The municipal auditing department shall carry out audit and supervision of the raising, management and use of land reserve funds according to the law. 

　　 Article 19   The main sources of land reserve funds include: 

　　 (1) The land reserve capital appropriated from the budget; 

　　 (2) The special land reserve funds appropriated from the budget (including land funds); 

　　 (3) The funds raised through bank loans or other financing means; 

　　 (4) The profits generated during land reserve operations; 

　　 (5) The profits generated by the short-term utilization of reserved land. 

　　 Article 20   All earnings generated by land transfer during the urbanization of Baoan District and Longgang District shall be deposited into the account of “Municipal Government – Baoan District land transfer funds” and the account of “Municipal Government – Longgang District land transfer funds”. The funds in the account of land transfer funds shall be used to repay bank loans first, and the remaining funds may be used for land transfer and reserve administration. 

　　 Article 21   The municipal land reserve institution may put forward a plan on raising land reserve funds from financial institutions according to the requirements of the implementation of the land reserve plan and submit it to the Municipal Government for examination and approval after the approval of the competent department and the examination of the municipal financial department. 

　　 Article 22   Banks shall be commissioned to collect the profits generated from land reserve operations and the earnings generated by short-term utilization, and the money received shall be directly deposited into the special financial account. 

　　 Article 23   The daily administrative expenses and business expenses of the municipal land reserve institution come from the expenses arranged by the municipal financial department in the departmental budget. 

    Article 24   The necessary funds and relevant management costs incurred from the management, operation and short-term utilization of reserved land may be withdrawn from land reserve funds after the examination and approval of the municipal financial department. 

Chapter 5   Legal Liabilities 

　　Article 25   After discovering the activities of illegal land use, illegal buildings, indiscriminate felling of trees, discharge of pollutants exceeding the prescribed standards, dumping of mud, fragments and soil left and rubbish, etc. on reserved land, the municipal land reserve institution and the commission management unit shall stop them in time and report to the government in the jurisdiction and the relevant functional departments. 

　　 After receiving the report, the government in the jurisdiction and the relevant functional departments shall take measures in time and deal with the issue according to the law. If the measures taken are not effective, causing serious consequences, the relevant responsible persons shall be held accountable for administrative responsibilities according to the law; if a crime is constituted, they shall be held accountable for criminal liabilities by law. 

　　 Article 26   The competent department shall earnestly perform the function of administration and supervision of reserved land. If ineffective supervision causes serious consequences, the relevant responsible persons shall be held accountable for their liabilities according to the law. 

　　 Article 27   The municipal land reserve institution shall carry out the administration of reserved land by law and ensure the smooth implementation of the land supply plan. If the faults of the staff of the municipal land reserve institution cause great influence and economic losses, the relevant responsible persons shall be held accountable for their liabilities according to the law. 

　　 Article 28   The staff of the competent department and the municipal land reserve institution who abuse their power or take advantage of their positions to solicit or illegally accept properties of others shall be given administrative punishments; if a crime is constituted, they shall be held accountable for criminal liabilities according to the law. 

Article 29   Interception, misappropriation and embezzlement of land reserve funds is strictly prohibited. Those who violate the provisions when using land reserve funds shall be given administrative punishments by law; if a crime is constituted, they shall be held accountable for criminal liabilities according to the law. 

Chapter 6   Supplementary Provisions 

　　Article 30   The competent department shall formulate specific and detailed implementation regulations on the administration of reserved land and the purchase of land under these Measures, and formulate the measures on the use and management of land reserve funds together with the municipal financial department.