Detailed Implementation Rules of the Procedures of Shanghai

  Article 1 These Detailed Implementation Rules are formulated on the basis of the"Procedures of Shanghai Municipality on Land Reserve".

  Article 2 An office shall be set up under the Municipal Leading Group of Land Administration (located at the Municipal Housing, Land and Resources Administration) to take charge of the day-to-day administration of land reserve plans and reserved land and the coordination of important issues in this Municipality.

  Article 3 The Municipal Housing, Land and Resources Administration, jointly with the Municipal Development and Reform Commission and other relevant departments, shall formulate a three-year land reserve plan of this Municipality as the basis for the drawing-up of annual land reserve plans.

  Article 4 The supply of newly-increased land for construction purposes of a business nature in this Municipality shall in principle be selected from the reserved land, and listed in the annual land use plan as a priority. Article 5

  The reclamation of land from mudflats in this Municipality shall be carried out by the Municipal Land Reserve Center according to the"Procedures of Shanghai Municipality on the Administration of Mudflats"and relevant provisions of the State and this Municipality on land development and improvement.

  Land reclaimed from mudflats, upon passing the acceptance test, shall be reserved by the Municipal Land Reserve Center.

  Article 6 In case the Municipal Land Reserve Center reserves the land jointly with the district/county land reserve organs, the investment ratio shall be determined in accordance with the following provisions, unless otherwise provided by the Municipal Peoples Government:

  1. In case of reserving the land originally owned by rural collectives for sale after requisitioning according to law, the proportions for the Municipal Land Reserve Center and the district/county land reserve organs shall be 50% respectively.

  2. In case of reserving the land other than what is provided in Item 1, the proportion for the Municipal Land Reserve Center shall be 30%, while the proportion for the district/county land reserves organs 70%.

  The Municipal Land Reserve Center and the district/county land reserve organs may make appropriate adjustments to the investment ratio provided in the preceding clause, upon reaching agreement through consultations.

  Specialized land reserve organs approved by the Municipal Peoples Government may, on their own, reserve land in those areas provided in relevant approval documents, or cooperate with the Municipal Land Reserve Center and district/county land reserve organs in reserving land

  Article 7 Land reserve organs shall, before the end of October each year, put forward their proposals on land reserve plans for the next year, and submit them to the Municipal Housing, Land and Resources Administration and the Municipal Development and Reform Commission. In particular, proposals on reserve plans for land provided in Item 1, Clause 1 of Article 6 of these Detailed Implementation Rules shall be put forward and submitted by the Municipal Land Reserve Center; proposals on reserve plans for land provided in Item 2, Clause 1 of Article 6 of these Detailed Implementation Rules shall be put forward by the district/county land reserve organs and submitted upon examination by the district/county land administrative departments and approval by the district/county governments.

  The Municipal Housing, Land and Resources Administration shall, jointly with the Municipal Development and Reform Commission and other relevant departments, formulate the annual land reserve plan of this Municipality, in accordance with the national economic and social development plan and the annual land-use plan of this Municipality, and in the light of the conditions of the real estate market of this Municipality, subject to a comprehensive balancing of the proposals on the land reserve plans submitted . The annual plan shall be submitted to the Municipal Leading Group of Land Administration before the end of November each year and transmitted in a disaggregated form to the lower levels upon examination and approval by the Municipal Leading Group of Land Administration.

  Article 8 Where the land lot to be reserved by a land reserve organ involves the use of farm land for other purposes or the requisitioning of rural collective-owned land, the land reserve organ shall file an application to the Municipal Housing, Land and Resources Administration, which shall complete the examination and verification process within 10 working days from the date of accepting the application. The above-mentioned land lot shall be examined, approved and listed in the annual land reserve plan before it can be reserved by the land reserve organ according to relevant provisions.

  In case a land reserve organ proposes to reserve state-owned land originally allocated for construction-purpose, it shall file with the Municipal Housing, Land and Resources Administration by presenting a letter of intention to purchase and reserve land reached with the original owner of the land use right, or relevant agreements signed with an organization designated by the district government, and the land shall be listed in the annual land reserve plan before it can be reserved according to relevant provisions.

  In case the land lot to be reserved by the land reserve organ has already been identified in the annual land reserve plan, the formalities of examination and approval or of filing, as provided in the preceding two clauses, may not be performed.

  In case the reserve land lot listed in the annual land reserve plan involves the use of farmland for other purposes, it shall be given the priority in the allocation of planned quotas for the use of farmland for other purposes under the annual land use plan.

  Article 9 Where it is proved to be necessary for a land reserve organ to make adjustments to the annual land reserve plan for the purpose of reserving land, the land reserve organ shall report them to the Municipal Leading Group of Land Administration for approval, upon examination and verification by the Municipal Housing, Land and Resources Administration, jointly with the Municipal Development and Reform Commission and other relevant departments.

  Article 10 The application for approval of the initial development project of a reserved land lot shall be handled by referring to the examination and approval procedure of this Municipality for fixed-assets investment projects. Competent municipal and district/county investment administrative departments shall complete the examination and approval process within 10 working days from the date of accepting the project proposal (substitute for a feasibility study) submitted by the land reserve organ. The application for approval of the initial development project of the following reserved land lots shall be examined and approved by the Municipal Development and Reform Commission:

  1. Land lots reserved by specialized land reserve organs approved by the Municipal Land Reserve Center and the Municipal Peoples Government;

  2. Land lots listed in Item 1, Clause 1 of Article 6.

  Applications by land reserve organs for permits to plan the use of reserved land lots for construction purpose shall be examined and processed by the municipal and district/county planning departments according to their terms of reference for planning administration, within 10 working days from the date of accepting the applications. In case a reserved land lot is subject to an approved controlled formulation-unit plan or controlled detailed plan, the permit to plan land use for construction purpose shall specify the planning requirements for infrastructure construction of the said land lot.

  Applications by land reserve organs for approval documents to use reserved land lots for construction purpose shall be examined and processed by the municipal and district/county land administrative departments according to their terms of reference for the administration of land use for construction purpose within 10 working days from the date of accepting the applications. But where the reserved land lot involves the use of farmland for other purposes or the requisition of rural collective-owned land, procedures provided by laws and regulations shall apply.

  Article 11 In case a land reserve organ purchases and reserves state-owned land originally allocated to enterprises or institutions for their own use, the land reserve organ shall apply to the municipal or district/county land administrative departments for the revocation of the original land use right by presenting the purchase and reserve agreement, the certificate of being listed in the annual land reserve plan, the real estate title deed of the original land user and other relevant materials. Upon approval, the municipal or district/county land administrative departments shall nullify the original real estate title deed.

  The land reserve organ may apply to the municipal or district/county real estate registration organs for the real estate title deed by presenting the approval document for the revocation of the original land use right and other relevant materials.

  Article 12 Land reserve organs that temporarily use reserved land lots with the approval of planning administrative departments shall perform proper formalities for land use with the municipal or district/county land administrative departments as required.

  Article 13 This Municipality shall establish a unified land reserve information database and subject land reserve to dynamic and whole-process administration. .

  Land reserve organs shall, in accordance with the requirements of the statistics system of land reserve information, report regularly to the Municipal Housing, Land and Resources Administration on the basic conditions, initial development status and temporary use of reserved land lots.

  Article 14 Reserved land lots where infrastructure is constructed in accordance with approved requirements for investment, planning and construction shall pass the acceptance check-up carried out by the municipal or district/county land administration departments jointly with the planning and other relevant departments before they can be made available for supply purpose in accordance with the land supply plan.

  Article 15 When making a reserved land lot available for supply purpose, the land reserve organs shall, according to relevant provisions of this Municipality on bidding or auctioning for the transfer of land use right, cooperate with the municipal or district/county land administrative departments in making initial preparations, such as soliciting written opinions from the planning, investment, environmental protection and other relevant departments, drawing up bidding or auctioning documents, organizing on-the-spot surveys, and responding to enquiries on the conditions of the land lots.

  Article 16 The municipal and district/county land administrative departments shall regularly check up on the implementation of the annual land reserve plan.

  The Municipal Development and Reform Commission, the Municipal Finance Bureau and the Municipal Housing, Land and Resources Administration shall regularly check up on the use of the special funds for land reserve.

  The finance and auditing departments shall regularly verify, examine and audit the cost and expenditure of land reserve and the financial status of the land reserve organs.

  The planning and land administrative departments shall regularly check up on the temporary use of reserved land lots.

  Article 17 Land reserve organs shall regularly report to the Municipal Housing, Land and Resources Administration on their own basic conditions and changes; in case of any major changes, they shall submit timely reports thereupon.

  Article 18 The procedures for the administration of the special funds for land reserve in this Municipality shall be formulated later on by the Municipal Development and Reform Commission, the Municipal Finance Bureau and the Municipal Housing, Land and Resources Administration.

  Article 19 These Detailed Implementation Rules shall become effective on the date of printing and distributing.

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