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With the deepening reform of the system of paid use of land, the state has applied the system of assignment of the right to use state-owned land, the system of land purchase and reserve, and the system of tendering, auction and listing of business land use right, so the market degree of land supply has been increasing gradually. Profound changes have occurred to the methods of land supply, and higher requirements are raised for the urban and rural planning administration. In accordance with requirements of the Circular of the State Council on Strengthening the Urban and Rural Planning Supervision and Administration and the Circular on Implementing the Circular of the State Council on Strengthening the Urban and Rural Planning Supervision and Administration of the Ministry of Construction and other 8 ministries and commissions, and in order to meet the needs of the reform of land use system and to earnestly strengthen and improve the planning administration of the assignment of the right to use state-owned land, the relevant issues are notified as follows: I. TO BE FULL AWARE OF THE SIGNIFICANCE OF IMPLEMENTATION OF THE SYSTEM OF LAND PURCHASE AND RESERVE, AND OF THE SYSTEM OF TENDERING, AUCTION AND LISTING OF BUSINESS LAND USE RIGHT It is a major reform measure of the state to implement the system of land purchase and reserve, and the system of tendering, auction and listing of business land use right, for the purpose of establishing a land use system that is open, fair and just, and of preventing the loss of state-owned land assets. Such a measure will be conducive to, under strict control of the total amount of supply, bringing into full play the fundamental role of market in allocation of land resources, optimizing the allocation of urban land resources, fully realizing the value of land assets and improving the utilization efficiency of land resources, and will also have significant influence on the urban development and construction. The administrative departments of urban and rural planning at various levels shall be full aware of the significance of implementation of these systems, earnestly learn and study the knowledge and experience in respect of the system of land purchase and reserve, and the system of tendering, auction and listing of business land use right; shall adapt to the new situations in the reform of land supply system, study, strengthen and improve urban and rural planning work, bring into full play the controlling and adjusting capacity of urban and rural planning in the allocation of land resources; shall earnestly perform the duties of urban and rural planning administration, actively participate and assist the governments in the work of land purchase and reserve and the tendering, auction and listing of business land use right, and guarantee the healthy and orderly process of urban and rural development and construction. 2. TO EARNESTLY STRENGTHEN THE COMPREHENSIVE CONTROL, ADJUSTMENT AND DIRECTION FOR LAND PURCHASE AND RESERVE AND OF ASSIGNMENT OF THE RIGHT TO USE STATE-OWNED LAND The localities shall lose no time in drawing up and adjusting the short-term construction planning, thus to guarantee that the work of land purchase and reserve and of assignment of the right to use of state-owned land are carried out in a planned way in accordance with the urban planning. The localities shall bring into full play the comprehensive control and adjustment role of urban and rural planning, and strengthen the comprehensive control and direction for land purchase and reserve and for assignment of the right to use state-owned land. The administrative departments of urban planning shall, according to the needs of urban development and construction and the short-tern urban construction planning, present proposals on land purchase and reserve to the city's governments in respect of the location and amount of the short-term construction sites, assisting the governments in drawing up the annual plan on land purchase and reserve, and in preparing for the work of land purchase and reserve. The departments shall actively participate in the formulation of the annual plan on assignment of the right to use state-owned land. The formulation of the annual plan on assignment of the right to use state-owned land shall scientifically determine the amount of land plots to be assigned, the area of the construction sites, the location of the land plots and the steps for assignment, based on the short-term construction planning, the annual plan on land utilization, the plan on approval of construction projects, and in light of the present requirements of economic and social development and the market needs. From July 1, 2003, the right to use state-owned land may not be assigned in absence of formulation and adjustment of the short-term construction planning pursuant to the requirements. The localities shall speed up the formulation of specific controlling planning in accordance with the master urban planning, and increase the coverage of the specific controlling planning, thus to meet the needs of planning administration under the circumstance that land supply is marketed; in formulation of the specific controlling planning, priority shall be given to urban central areas, old city reconstruction areas, areas to be developed in the near future, reserved land, construction sites of the next year and the sites to be assigned; the specific controlling planning shall clarify the various controlling norms and requirements for the land plots within the planning areas, in terms of nature of use, dimension rate, construction density, construction height, greed land rate, and the public facilities that must be equipped. 3. TO STRICTLY REGULATE THE PLANNING ADMINISTRATION PROCEDURES FOR LAND PURCHASE AND FOR ASSIGNMENT OF THE RIGHT TO USE STATE-OWNED LAND The localities shall strengthen the planning direction for land purchase, thus to enable the purchased land to be used as determined in the urban planning. The administrative departments of urban planning shall carry out planning administration of the land to be purchased, issue the letter of opinions on site selection of the land to be purchased, thus to enable the parties to land purchase to go through the relevant formalities required for land requisition, removal and settlement and other land-relating activities. For the land not in uniformity with the usage provided for by the short-term construction planning and specific controlling planning, the letter of opinions on site selection will not be issued and the reasons shall be notified to the parties by written form. The localities shall strengthen the planning administration before and after the assignment of the right to use state-owned land, and clarify the procedures for planning supervision and administration. Before the assignment of the right to use state-owned land, the land to be assigned must have the planning design conditions and attached drawings for land to be assigned issued by the administrative department of urban planning in accordance with the specific controlling planning. The planning design conditions must clarify the area of the land to be assigned, the nature of land use, the construction density, construction height, parking lots, major entrances and exits, proportion of green land, the public facilities and city infrastructures that must be equipped, construction bounds, development period, and other requirements. The attached drawings shall clearly indicate the location and status of the land plots, the coordinate and level of the land plots, the coordinate and level of the road in red lines, location of the entrances and exits, construction bounds, as well as the environment and infrastructure conditions of the areas around the land plots. In case of tendering, auction and listing of the right to use state-owned land, the planning design conditions must be accurately indicated. The planning design conditions and the attached drawings must be an important content and part in signing of the Contract on Assignment of the Right to Use State-owned Land when the assignment is made. The right to use state-owned land may not be assigned in absence of the planning design conditions issued by the administrative department of urban planning. The assignee of the right to use state-owned land shall, after signing the Contract on Assignment of the Right to Use State-owned Land and by taking with it that contract, apply to the administrative department of urban and rural planning of the people's government of the city or county for the letter of opinions on site selection for construction project and the planning license for construction site. The administrative department of urban and rural planning shall, after checking and verifying the planning design conditions specified in the Contract on Assignment of the Right to Use State-owned Land, issue the letter of opinions on site selection for construction project and the planning license for construction site at the same time. Where the planning design conditions specified in the Contract on Assignment of the Right to Use State-owned Land are inconsistent with those of the land plots to be assigned as issued by the department, the letter of opinions on site selection for construction project and the planning license for construction site shall not be issued to the applicant, and department of land administration shall be notified to make corrections. 4. TO EARNESTLY STRENGTHEN THE SUPERVISION AND ADMINISTRATION OF THE USE OF THE LAND OF WHICH THE USE RIGHT HAS BEEN ASSIGNED The administrative departments of urban and rural planning of the localities shall earnestly strengthen the following-up administration of the use of the land of which the use right has been assigned, strengthen the supervision and inspection of the execution of the planning by the assignee in the land development and construction, and establish and improve the corresponding supervision and administration system. The assignee must, after obtaining the right to use state-owned land, carry out the development and construction in accordance with the planning design conditions provided for by the Contract on Assignment of the Right to Use State-owned Land and the planning license for construction site, and may not change those planning design conditions as a general principle; where it is really necessary to alter the planning design conditions due to special causes, the assignee shall apply to the administrative department of urban and rural planning for altering the planning design conditions, and may implement such alterations only upon approval. Where the administrative department of urban and rural planning modifies the specific controlling planning pursuant to legal procedures and approves alteration of planning design conditions for construction site, it shall notify the department of land administration; where land assignment fee needs to be made up pursuant to law, the assignee shall do so pursuant to the relevant provisions. Where the assignee needs to transfer the right to use state-owned land, he must abide by the provisions of the state on transfer of assigned land and the terms of the Contract on Assignment of the Right to Use State-owned Land. The fixed planning design conditions may not be altered in transfer of the right to use state-owned land. The transferee shall, after obtaining the construction site through the transfer and by taking with it the Contract on Transfer of the Right to Use State-owned Land and the original planning license for construction site of the transferred land plots, apply for replacement of the planning license for construction site with the administrative department of urban and rural planning. The administrative departments of urban and rural planning at various levels shall adapt to the new situation of the reform of land supply system, and in light of the characteristics of their respective localities, actively seek to establish and improve the planning administration system for land purchase and reserve, and for tendering, auction and listing of the right to use state-owned land; change the ideas and work style, build up the sense of service, improve the work efficiency, and earnestly strengthen and improve the planning administration of assignment of the right to use state-owned land. |
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