Measures for the management of land reserves

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<> localities should reasonably formulate annual land reserve plans in accordance with the needs of urban construction and development and land market regulation, combined with local social development plans, three-year rolling plans for land reserves, annual land plans, and local debt limits. The annual land bank plan should include:

1.Carry-over of reserve land at the end of the previous year (including the list of plots of land to be acquired and stored at the end of the previous year);

2.Annual new reserve land plan (including the scale and list of land plots of new land to be collected and stored in the current year and newly added cavity rot storage reserve);

3.The annual reserve land pre-development plan (including the list of pre-development plots in the current year);

4.Annual reserve land ** plan (including the list of plots to be ** in the current year);

5.Annual Temporary Management Plan for Reserve Land;

6.The total amount of annual land reserve fund requirements.

Among them, the land to be acquired and stored refers to the land that has been included in the land reserve plan or approved by the people at or above the county level (inclusive), and has started the work of recovery, acquisition, and expropriation, but has not obtained complete property rights; Reserve land refers to the land that the land reserve institution has obtained complete property rights and is included in the management of the reserve land bank. The competent department of land and resources shall, in conjunction with the financial department, in the third quarter of each year, organize the preparation of the next year's land reserve plan, submit it to the provincial land and resources department for the record, and report to the people at the same level for approval. If it is necessary to adjust the annual land allocation reserve plan due to changes in land market regulation policies or redevelopment of inefficient land, it can be adjusted once in the middle of each year, and it shall be filed and submitted for approval according to the original approval procedures.

Expand information: the competent department of land and resources shall, in conjunction with the financial department, in the third quarter of each year, organize the preparation of the next year's land reserve plan, submit it to the provincial land and resources department for the record, and report to the people at the same level for approval.

Legal basis: Article 23 of the Measures for the Administration of Land Reserves: Land and resources departments at all levels, financial departments, branches of the People's Bank of China and banking supervision and management departments shall establish a joint supervision mechanism in line with local conditions. In accordance with the division of responsibilities, supervise and guide the reserve land, assets, funds, and special bonds.

Legal analysis: The Measures for the Administration of Land Reserves were jointly formulated and issued by the Ministry of Land and Resources, the Ministry of Finance and the People's Bank of China, with the aim of "improving the land reserve system, strengthening land regulation and control, standardizing the operation of the land market, promoting the economical and intensive use of land, and improving the ability to guarantee construction land". In order to implement the spirit of the 19th National Congress of the Communist Party of China, implement the requirements of strengthening the management of natural resource assets and preventing risks, further standardize the management of land reserves, enhance the ability to regulate and guarantee the unified urban and rural construction land market, and promote the efficient allocation and rational utilization of land resources, according to the "Notice on Strengthening the Management of State-owned Land Assets" (Guo Fa 2001 No. 15), Xiang Zhiyou's "Notice on Promoting the Conservation of Intensive Land Use" (Guo Fa 2008 No. 3), "*** Opinions on Strengthening the Management of Local Debts (Guo Fa 2014 No. 43) and the Notice of the General Office on Regulating the Management of Revenue and Expenditure from the Transfer of State-owned Land Use Rights (Guo Ban Fa No. 2006 No. 100), these measures are formulated.

Legal basis: "Measures for the Administration of Land Reserves" I. General requirements.

1) In order to implement the spirit of the 19th National Congress of the Communist Party of China, implement the requirements of strengthening the management of natural resource assets and preventing risks, further standardize the management of land reserves, enhance the ability to regulate and guarantee the unified urban and rural construction land market, and promote the efficient allocation and rational use of land resources, according to the "Notice on Strengthening the Management of State-owned Land Assets" (Guo Fa 2001 No. 15), "Notice on Promoting the Conservation of Intensive Land Use" (Guo Fa 2008 No. 3), "On Strengthening the Locality" Opinions on the management of sexual debts (Guo Fa 2014 No. 43) and the notice of the General Office on standardizing the management of revenue and expenditure from the transfer of state-owned land use rights (Guo Ban Fa 2006 No. 100), these measures are formulated.

In terms of functional positioning, the newly revised "Measures for the Administration of Land Reserves" reiterates that the land reserve work is unified and managed by the competent department of land and resources; Land reserve institutions are approved by the people at or above the county level (inclusive), have independent legal personality, are subordinate to the competent departments of land and resources of the administrative divisions, and undertake the land reserve work within their respective administrative jurisdictions. At the same time, it is clarified that the competent department of land and resources implements directory management of land reserve institutions, and the financial department is responsible for the supervision of land reserve funds and assets. In terms of planning, warehousing standards and pre-development and other business work, the newly revised "Land Reserve Management Measures" stipulates that all localities shall prepare a three-year rolling plan for land reserve in accordance with the national economic and social development plan, land planning, overall land use planning, urban and rural planning, etc.; According to the needs of land market regulation and control, local debt limit and other factors, the annual land reserve plan is formulated, and the content of the plan and the procedures for filing approval and adjustment are clarified.

Legal basis. First article of the land reserve management measures in order to improve the land reserve system, strengthen land regulation and control, standardize the operation of the land market, promote the intensive use of land, and improve the ability to guarantee construction land, according to the notice on strengthening the management of state-owned land assets (Guo Fa 2001 No. 15), the notice of the General Office on standardizing the management of revenue and expenditure from the transfer of state-owned land use rights (Guo Ban Fa No. 2006 100), these measures are formulated. "Land Reserve Management Measures" Article 2 of the land reserve in these measures refers to the municipal and county people's land and resources management departments in order to achieve the goal of regulating the land market and promoting the rational use of land resources, according to law to obtain land, pre-development, storage for the first place to prepare for the land.

Legal basis. First article of the land reserve management measures in order to improve the land reserve system, strengthen land regulation and control, standardize the land market operation, promote the intensive use of land, and improve the ability to guarantee construction land, according to the notice on strengthening the management of state-owned land assets (Guo Fa 2001 No. 15), the notice of the General Office on standardizing the management of revenue and expenditure from the transfer of state-owned land use rights (Guo Ban Fa No. 2006 No. 100), these measures are formulated.

"Land Reserve Management Measures" Article 2 of the land reserve in these measures refers to the municipal and county people's land and resources management departments in order to achieve the goal of regulating the land market and promoting the rational use of land resources, according to law to obtain land, pre-development, storage for the first place to prepare for the land.

Legal analysis: 1. The management of revenue and expenditure of land reserve funds strictly implements the provisions of the Ministry of Finance and the Ministry of Land and Resources on the financial management of land reserve funds, and the land reserve funds are arranged through the first budget and implemented special funds 2. The daily expenses required by the land reserve institutions and the land reserve funds shall be accounted for separately and shall not be mixed with each other. According to the provisions of the preparation of land reserve funds revenue and expenditure budget, at the end of the year to submit the final accounts of income and expenditure, by the financial department or by the financial department at the same level designated with a good reputation, high quality of practice accounting firms and other relevant intermediaries for review.

The right to use land refers to the right of state organs, enterprises and institutions, peasant collectives and individual citizens, as well as the three types of foreign-funded enterprises, which meet the statutory conditions, to occupy, utilize, benefit from and dispose of the land raised by state-owned property or farmers' collective land in accordance with legal procedures or agreements. Land use right is a concept with a relatively large extension, and the land here includes the right to use agricultural land, construction land, and unused land. The right to use land is the legal embodiment of China's land use system, and the right to use state-owned land refers to the right of the user of state-owned land to use the land and obtain income in accordance with the law.

The right to use collective land refers to the right of the user of collective land to use the land and obtain income in accordance with the law. The allocation of land use rights refers to the state-owned land use rights obtained by the people at or above the county level in accordance with the law, after the land users pay compensation, resettlement and other expenses, or the state-owned land use rights obtained free of charge after the approval of the people at or above the county level in accordance with the law. It can be seen that there are two basic forms of allocation of land use rights.3. State-owned land use rights obtained by land users after paying compensation, security and other fees approved by the people at or above the county level in accordance with the law.

There are two distinctive features of this kind of land use right: (1) The land user must obtain the land use right with the approval of the people at or above the county level in accordance with the law. (2) Land users must pay compensation, resettlement and other fees to obtain land use rights4, after being approved by the people at or above the county level according to law, land users obtain land use rights free of charge.

This kind of allocation of land use rights also has two significant characteristics: (1) land users must obtain land use rights with the approval of the people at or above the county level in accordance with the law. (2) The land user obtains the land use right free of charge, that is, there is no need to pay any fees and pay any economic consideration.

Legal basis: Article 2 of the Land Management Law of the People's Republic of China The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state.

No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.

The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

The Measures for the Administration of Land Reserve were jointly formulated and issued by the Ministry of Land and Resources, the Ministry of Finance and the People's Bank of China, with the purpose of "improving the land reserve system, strengthening land regulation and control, standardizing the operation of the land market, promoting the economical and intensive use of land, and improving the ability to guarantee construction land". The revised Measures for the Management of Land Reserve in Manuscript Tan were issued by the Ministry of Land and Resources, the Ministry of Finance, the People's Bank of China and the China Banking Regulatory Commission on January 3, 2018, and will be implemented from the date of promulgation and will be valid for 5 years. The "Measures" (Land Development No. 2007 No. 277) shall be repealed at the same time.