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In order to carry through the spirit of the State Council in the Notice on Promoting the Sustainable Sound Development of the Real Estate Market (No. 18 [2003] of the State Council), we hereby notify as follows the relevant issues on further strengthening the land supply management: I. INTENSIFYING THE CONTROL OF THE LAND SUPPLY FOR REAL ESTATE DEVELOPMENT Land supply is a basic method to regulate the real estate market. All places shall give full play to the role of land supply in controlling the real estate market and promote the sustainable sound development thereof. The general target of the macro-control of real estate development through land supply is to seek all means to realize the balance of land demand and supply, the reasonable structure and the steady price as a whole. The uniform and centralized management on land supply shall be strictly carried out. All types of land used for real estate development in the same city shall be brought into the uniform supply channel of the local government. The former state-owned land allocated for real estate development in all types of development zones or in districts transformed from cities (counties) shall fall within the scope of the land under uniform management and supply of the local districts. The governments of the cities shall actively apply the land purchase and reserve system and enhance the macro-control ability of the governments over the land market. The overall supply of land shall be strictly controlled. The land used for real estate development shall be in conformity with the overall land use planning, and the taking over of cultivated land shall be under a strict control. The administrative department for state land and resources of each city or county shall, jointly with the relevant departments, formulate an annual real estate development supply plan on the basis of the overall planning, the annual land development plan, urban planning and the status of market demand and supply, etc, and determine the overall land supply quantity for real estate development. The distribution of all types of land used for real estate development (common commercial residential housing, economical housing and expensive commercial housing) shall be subject to the approval of the people's governments of the local city or county, and be announced to the public and be strictly implemented. The fundamental role of the market in allocating land resources must be brought into full play. Biding, auction or listing shall be adopted in the transfer of all types of land used for real estate development except the land may be transferred by allocation in accordance with the relevant regulation. II. FURTHER IMPROVING THE POLICY ON THE LAND SUPPLY FOR REAL ESTATE DEVELOPMENT To optimize the supply structure of land used for real estate development, priority shall be given to the demand of land for the reasonable development of common commercial housing. A proper proportion shall be given to the land used for common commercial housing in the annual land supply plan for real estate development. As for the cities in which the demand for common commercial housing exceeds the supply and the housing price rises too fast, the land supply shall be increased appropriately by making some adjustments. As for the districts in which the land supply exceeds the demand and there is too much idle land, the supply of new land shall be restricted. The management of the construction use land for economical housing shall be intensified, of which the overall quantity shall also be strictly controlled and adjusted according to the actual situation. The administrative departments of state land and resources of the cities and counties shall actively participate in formulating the development plan for the economical housing and determine its proper proportion in the annual land supply plan for real estate development. The construction use land for economical housing shall be distributed reasonably according to the requirements in the overall land use planning and urban planning, and the land may be supplied by means of allocation under the relevant policy and regulation. The construction use land for the economical housing through raising funds or cooperative construction in line with the relevant regulations and requirements shall fall within the scope of the land used for economical housing under uniform management. The land supply for expensive commercial housing shall be strictly controlled. As for any district with too many overstock expensive commercial housing, office buildings and other commercial buildings, the land supply shall be strictly controlled or stopped temporarily. The land supply for building villas shall be ceased. III. STRENGTHENING THE SUPERVISION ON THE LAND USED FOR REAL ESTATE DEVELOPMENT No organ may transfer the powers of land examination and approval to a lower level. Any organ that transfers, in violation of the law, the powers of changing the use of farm land, land requisition, land supply and planning to a lower level shall correct immediately and shall abolish the relevant documents. As for the urban construction use land by changing the use of farmland or land requisition upon approval in accordance with the law, the supervision and inspection over it shall be strengthened and the land supply shall be in line with the use of land in the plan upon approval. No land-use entity may change the planed use of land for real estate development without permission. No entity or individual may obtain the land by mean of establishing a project, selecting the location and determining the land price in advance. No administrative method may, such as designating the land supply receiver, location, area, use, form and price by giving personal instructions or sending personal notes, be taken to interfere with the transfer of land. If the relevant administrative departments or personnel evade bidding, auction and listing in transferring land-use right, but supply operating use land through contractual transfer or allocation; or make falsification, practice favoritism in bidding, auction or listing for the transfer of land-use right; or the leading carders who, violating the disciplines and law, interferes in bidding, auction and listing for the transfer of land-use right, the responsibilities of the relevant competent department and the persons shall be investigated for. It is strictly prohibited to obtain the land under preferential policies in the name of science, education, tourism agriculture or ecological construction for real estate development later. It is strictly prohibited to obtain the land for the development of commercial housing in the name of building economical housing or building houses by raising funds or cooperation. Any entity or enterprise that violates the above-mentioned requirements shall be investigated and punished strictly, and of which the land-use right shall be withdrawn pursuant to the law. Those really need to use the land shall make up the relevant price for the land and the pertinent expenses already reduced or exempted by the government according to the price of market transaction of a similar land lot. No land shall be allocated to these entities or enterprises thereafter. They shall be restricted from participating in the bidding, auction and listing for the transfer of land-use right. Any entity or individual shall be prohibited from reaching an agreement with a township, town, village or group, to circle and take over the collective land of the peasants for real estate development. Any agreement in violation of the above-mentioned requirements shall be invalid, for which no administrative department of state land and resources may handle the land-use procedures. The power of allocation of land use right shall be strictly prohibited from being traded by private transaction or illegal listing in any name for real estate development. Any one in violation of the requirements shall be ordered to make up the pertinent land price with its illegal gains being confiscated, and shall be imposed on a fine. If the circumstance is serious, it shall be ordered to return the land-use right obtained by illegal means. It is prohibited to change the land-use conditions stipulated in a contract on the transfer of land without permission. Any entity or individual that has obtained the land-use right through transfer shall develop it according to the stipulations in the contract on the transfer of land, and shall not make any change without permission. In case of the actual necessity to change the planned conditions such as area ratio, it shall be subject to the consent of the original transferor and the planning department. And it/he shall make up the price difference according to the market transaction price for the land at a similar land lot. IV. INTENSIFYING THE SUPERVISION OVER LAND MARKET AND IMPROVING MARKET SERVICES The administrative departments of state land and resources of all places, especially the administrative departments of urban land and resources, shall strengthen the supervision over land market, accelerate the establishment and improvement of land market supervision and analysis system and the dynamic supervision system of urban land price, shall timely conduct dynamic supervision, analyses, predictions and precautions of the land market changes, and shall provide scientific basis for the government to make macro-decisions. You shall intensify The work of information disclosure of land market shall be intensified. The market information of land supply plans, the announcements of transfer of land-use right by means of bidding, auctioning, or listing, the basic land price, the minimum price for contractual transfer and the transaction results, etc. shall be announced to the public to provide the public with open information inquiry services. The land registration work shall be enhanced and standardized to protect the legitimate rights and interests of the property owners. The administrative departments of state land and resources shall strictly, in accordance with the law, handle the work of land registration and the issuance of certificates concerning real estate development, sales and transfer. The management of the registration of mortgage of land-use right shall be intensified to prevent financial risks. The searchable system of land registration materials shall be established and improved to offer market services. The supervision over the intermediate service organizations of land market shall be strengthened. The practices of the intermediate institutions and the practitioners shall be regulated to promote the construction of good faith. The institutions or individuals that violate the law, regulation and the relevant technical standards shall be timely disclosed to the public. The administrative departments of state land and resources of all levels shall cooperate with the departments of development and reform, construction, planning, finance, public finance and taxation, give full play to the role of macro-control of land supply, and jointly do well the work of promoting the sustainable and sound development of real estate market. |
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