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Since the implementation of the newly revised Land Administration Law, an approval system for land use in urban construction, which takes land use control as its core, has been basically established, and the relevant work has been on the track of justice and standardization. However, phenomena such as improper establishment of various zones (gardens), illegal occupation of land by enclosing it, blind expansion of land in construction, etc. emerge during the development of some cities, and some new circumstances and problems appear in the approval of land use in urban construction. With a view to executing the important instructions of the leader of the State Council on strengthening the approval administration of land, putting an end to the baseless approval and excessive occupation of farmland, tightening the control and approval of land use in urban construction and of real estate development in particular, and implementing the Notice of the General Office of the State Council on Straightening and Rectifying Land Use in Construction of Various Development Zones (No. 70 [2003] of the General Office of the State Council), the relevant issues on strengthening the examination and approval of land use in urban construction are hereby notified as follows: I. STRENGTHENING THE ADMINISTRATION OF PLANNING AND CONTROLLING THE SCALE OF LAND USE IN URBAN CONSTRUCTION The overall planning and the annual plan for land use (hereinafter referred to the planning and the plan) are the essential basis for land use in urban construction. Applications for land use in urban construction shall conform to the planning and the plan. The revision of the planning shall be conducted in strict conformity with the statutory procedures and be subject to the approval of the original approving organ in accordance with the law. The land resources departments at the provincial level shall tighten examination over the revision of the planning and guard against disguised expansion of land use in urban construction through revision or adjustment of the planning. To avoid low-level redundant construction resulting from an irrational structure of land use in urban construction, an application for land use in urban construction, which is subject to the approval of the State Council, shall specify the structure for utilization of land to be transferred or requisitioned or the classification of use under the urban planning (where a construction project has been made certain, the project type shall be specified); the relevant data shall be provided in case of need. The total amount of land used annually in urban construction shall be determined rationally. Where the planned annual amount has been used up, supplementary land use shall be allocated based on the utilization of the new construction land approved under the law or be arranged within the land stock. The land resources departments at the provincial level shall strictly control the planned amount for such cities under the Central Planning each with a big demand for land use and not supplement such amount in principle; if the supplementation is actually needed, they shall submit it to the Ministry of Land Resources for record. For a surrounding county (town) of a city rearranged as a district and incorporated into the city proper, if the city's overall planning for land use has not been formulated, the existing planning will continue to be implemented. The annual plan shall be arranged by the expanded city as a whole, while the total amount of land use in urban construction is subject to strict control. II. STRENGTHENING THE EXAMINATION OF LAND USE IN DEVELOPMENT ZONES AND PUTTING AN END TO IMPROPER OR ILLEGAL USE OF LAND Land use in all development zones (including gardens; the same below) shall conform to the overall planning for land utilization and the urban planning. No arbitrary alteration or adjustment of the planning through the establishment of various kinds of development zones or willful expansion of such zones in exceeding the planned amount of land use may be allowed. In case of actual need, the alteration or adjustment is subject to the approval of the original approving organ. Where an application for land use in urban construction involves land use of a development zone, the applicant shall provide the relevant documents on approving the establishment of the development zone by the competent people's government, and make a written statement on the utilization circumstances of land already approved and on the specific construction projects or planning of land being applied for in the development zone. The land resources departments at all local levels shall, during the process of examining land use in urban construction, check stringently whether land use in development zones conforms to the planning. An application for land use failing to conform to the planning or made by a development zone that is improperly established will be rejected; land use exceeding the planned amount for a development zone is subject to deduction. III. STRENGTHENING THE EXAMINATION OF LAND USE FOR REAL ESTATE AND OPTIMIZING THE STRUCTURE OF LAND USE The land resources departments at all local levels shall, in light of the supply-demand situation of the local real estate market, rationally determine the amount and proportion of land use for real estate in the applications for land use in urban construction. Where the supply of average commodity houses falls short of the demand, an appropriate amount of land use for real estate development may be applied for; if the supply exceeds the demand on the real estate market, an application for land use for real estate development shall be postponed. The said departments should optimize the real estate structure through land supplies; the land use for real estate development applied for shall mainly be used for the construction of average commodity houses, economical houses, and houses for the resettlement of residents during the transformation of ramshackle and aged houses and during the dismantling of houses for urban infrastructure construction. Land use for luxurious commodity houses shall be stringently controlled, and applications for land use for villas be stopped. From the day of distribution of the present Notice, an application which has obtained the approval of the State Council for land use in urban construction shall, if land use for real estate development is involved, carry a written statement on the utilization circumstances of the land already approved for real estate development , the supply-demand situation of the city's real estate market, real estate price(s), house vacancy rate, etc. IV. STRENGTHENING THE EXAMINATION OF FARMLAND SUPPLEMENTATION AND LAND REQUISITION AND PROTECTING THE INTERESTS OF FARMERS The land resources departments at all local levels shall strengthen the examination over the occupation-supplementation balance of farmland and the compensation arrangement for land requisition during the approval of land use in urban construction. For land use in urban construction which is subject to the approval of the State Council, the supplementation of farmland shall, in accordance with the Notice on Strengthening the Occupation-Supplementation Balance of Farmland (No.39 [1999] of the Ministry of Land Resources), come before the occupation thereof. Meanwhile, completion checks should be conducted in good time for the linked projects on land exploitation and consolidation so as to ensure the quantity and quality of farmland supplementation; and the official documents on completion checks shall be provided during the applications. Where the exchange of land for occupation-supplementation balance takes place between different areas within a province (autonomous region, municipality directly under the Central Government), a statement shall be made on whether such exchange is organized as a whole by the provincial-level land resources department and on the charging criterion for farmland supplementation across areas. During the requisition of rural collective land, compensation shall be made in accordance with the criterion under law so as to ensure the original living standards of the farmers involved not to be lowered. In the developed regions, the local governments or the construction units may raise the criterion of compensation as appropriate and make honest declarations when proposing the land requisition schemes. The resettlement of farmers from the requisitioned land should be conducted through all possible means instead of being restricted to a single form of currency payment. Active exploration should be made in areas such as job creation, occupational training, re-designation of land for farmers, and social security; proper arrangement should be made for the production, living and the long-term livelihood of the people whose land has been requisitioned. V. STRENGTHENING RECORD KEEPING AND AFTER-APPROVAL CHECKS TO ENSURE RATIONAL USE OF LAND UNDER LAW All localities shall, in strict compliance with the Notice on Relevant Issues Concerning the Record-keeping System for Land Use in Construction (No.30 [2000] of the Ministry of Land Resources), handle well record keeping for redirected use of agricultural land and requisition of land approved by the provincial-level governments. The record keeping circumstances of a locality will be considered for adjusting the planned index on redirected use of agricultural land during the formulation of the land use plan for the next year. For a province (autonomous region, or municipality directly under the Central Government) that fails to conduct required timely record keeping, the Ministry of Land Resources will postpone the acceptance of its application for land use in urban construction to the State Council. For provision of land for use in urban construction upon the approval of the State Council, the land resources departments of the cities concerned shall compile the a collection of circumstances concerning the specific land-receiving construction projects and submit them for the record to the land resources departments at the provincial level. The Ministry of Land Resources will conduct examinations with focuses. Land may not be used unless an industrial project conforms to the industrial policies of the state, or the commodities houses to be built are in actual need. The land resources departments at the provincial level should, by referring to the aforesaid requirements, organize the record keeping and conduct the examination of land provision for use in urban construction approved by the provincial-level people's governments. The land resources departments at the provincial level shall handle well after-approval checks on new increase of land for use in urban construction, and conduct investigations to verify circumstances such as the utilization of new increase of land in urban construction approved according to law, the implementation of the farmland supplementation and the compensation and resettlement for land requisition. The Ministry of Land Resources will conduct focused spot checks on new increase of land for use in construction, and postpone the acceptance of an application for land use in construction by a city where the use of land is in disagreement with the approved position or acreage, the land is insufficiently utilized, or the occupation-supplementation balance of farmland or the compensation and resettlement for land requisition have not been implemented. To improve work efficiency and ensure their effectiveness, the after-approval checks may be integrated with the appraisal on occupation-supplementation balance of farmland. For the problems found, the Ministry will conduct in-depth analysis, work out the solutions, and put forward the specific measures for strengthening and improving the examination & approval of land use for construction. |
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