No unit or individual may refuse to recover the state-owned land included in the scope of land storage and storage because of public interests and urban planning adjustment. Refuse to take back or purchase, and shall not carry out regulatory detailed planning and construction detailed planning.
Land that has not been collected and stored shall not be supplied in principle. Fifth city land purchasing and storage work leading group is responsible for overall planning, coordination, deliberation and decision on major issues of land purchasing and storage in this city. The municipal administrative department of land and resources is the administrative department in charge of land purchasing and storage in this Municipality, and the municipal land reserve center is responsible for the specific land purchasing and storage work.
Municipal development and reform, finance, planning, construction, state-owned assets, labor and social security, supervision, auditing, the People's Bank and other departments and district governments (Development Zone Management Committee) shall cooperate with each other in accordance with the division of responsibilities and do a good job in land purchasing and storage.
Except the administrative department of land and resources, no other department, unit or individual may conduct land purchasing and storage activities. Article 6 The municipal administrative department of land and resources shall, in accordance with the national economic and social development plan, the overall land use plan, the overall urban plan and the annual land use plan of this Municipality, jointly with the departments of development, reform, planning, construction and finance. , the preparation of land purchasing and storage plan and annual land purchasing and storage plan, after the approval of the municipal government to organize the implementation, and report to the Provincial Department of land and resources for the record. Article 7 The Municipal People's Government shall give work awards or performance awards to units and individuals that have achieved remarkable economic and social benefits in the land purchasing and storage work in this Municipality. Chapter II Scope and Method of Purchasing and Storage Article 8 Land within the following scope may be purchased and stored:
(a) the state-owned land recovered according to law (focusing on the idle land that has been granted the right to transfer but has not been developed and utilized within the time limit);
(two) the acquisition of land (including land for restructuring enterprises);
(3) Land acquired by exercising the preemptive right;
(four) the land that has gone through the formalities for the recovery of state-owned agricultural land and the expropriation of collective land;
(five) other land that should be collected and stored according to law. Article 9 Land purchasing and storage shall be carried out by means of state-owned land recovery, acquisition, state-owned agricultural land recovery and collective land expropriation.
(1) Withdraw. State-owned land that should be recovered according to law shall be recovered by the municipal land and resources department after being approved by the Municipal People's Government and going through the formalities.
(2) acquisition. By the Municipal Land Reserve Center and the acquired land use right holder to negotiate the acquisition compensation, after reaching an agreement, the state-owned land used by them will be acquired.
(3) Recover state-owned agricultural land and expropriate collective land. The relevant departments shall recover state-owned agricultural land and collective land in accordance with legal procedures. Tenth land recovery, acquisition compensation fees determined by the following ways, the city land purchasing and storage leading group audit, reported to the municipal government for approval before implementation:
(a) to recover the land according to law, the municipal land reserve center shall give appropriate compensation according to law;
(two) the acquisition of allocated land in line with the public interest and the implementation of the overall urban planning needs, and compensation shall be made at 5% of the benchmark land price;
(3) The land use right obtained by enterprises and institutions in the reform of property rights system by allocation shall be compensated according to the actual cost confirmed by the production reform plan and employee resettlement plan approved by SASAC and relevant policies;
(4) If the land use right is obtained by means of transfer, the land purchase price shall be determined by deducting the transfer fee of the original land use right holder from the land evaluation price;
(five) to recover the state-owned agricultural land, compensation shall be given according to the evaluation price of the land registration purpose and use right type, and the buildings (structures) and attachments on the ground shall be compensated according to the policy. Chapter III Purchasing and Storage Procedures Article 11 Land purchasing and storage shall be carried out in accordance with the following procedures:
(a) determine the purchase and storage objects. According to the needs of the city's economic and social development, land will be included in the purchasing and storage plan; Land that the land use right holder applies for acquisition and is included in the purchasing and storage plan with the approval of the municipal government.
(2) Ownership verification. City land reserve center in conjunction with the relevant departments, to verify the ownership of the reserved land and attachments on the ground.
(3) soliciting opinions. According to the verification results, the Municipal Land Reserve Center will solicit the opinions of the planning and construction departments on the land to be purchased, and the planning department will issue a description of the planning conditions and attached drawings for the construction land, and the construction department will issue the necessary ownership certificate.
(four) to formulate the investigation and calculation plan. By the municipal land reserve center according to the proposed storage area, formulate district land storage survey and calculation scheme, and apply to the municipal government for allocation of district land storage survey, evaluation and calculation funds.
(5) Making an announcement. According to the entrustment of the municipal government, the city investment company applies for the city demolition office to close the storage area and make an announcement. Among them, the recovery of state-owned agricultural land and the expropriation of collective land were announced by the municipal government.
(6) Field investigation and calculation. Established by the municipal department of land and resources, it is composed of the municipal land reserve center, financial evaluation center, city investment company, land acquisition workstation, district governments (Development Zone Management Committee), shed reform office and other units, and the investigation and calculation group composed of the demolition investigation undertaker and intermediary agencies entrusted by the municipal land reserve center enters the closed site for investigation, evaluation and calculation. The municipal finance, auditing and supervision departments shall conduct examination and approval simultaneously.
(seven) the development of purchasing and storage compensation and resettlement programs and the implementation of funds. Involving the demolition and resettlement of state-owned construction land purchasing and storage (the same below), by the city investment company in accordance with the municipal government commissioned (the same below) according to the investigation and evaluation results, formulate the state-owned land use rights and land housing expropriation compensation and resettlement program; The compensation for state-owned agricultural land recovery and collective land expropriation is proposed by the municipal land and resources department, and the compensation and resettlement plan for state-owned agricultural land recovery and collective land expropriation is formulated according to the investigation and evaluation results; The land acquisition compensation work of enterprises and institutions shall be formulated by the Municipal Land Reserve Center according to the results of investigation and evaluation. The above scheme is approved by the municipal leading group for land purchasing and storage and submitted to the municipal government for approval. The financial department shall implement the reserve fund, and allocate it to the special land reserve account of the municipal land reserve center according to 5%- 10% of the compensation amount in the compensation and resettlement scheme, and the municipal land reserve center shall allocate it to the municipal investment company and the land acquisition workstation respectively.
(8) sign a contract. After the purchasing and storage of state-owned construction land, the city investment company and the demolisher signed the Contract for Compensation and Resettlement for Recovery, Acquisition and House Demolition of State-owned Land Use Rights (hereinafter referred to as the Contract for Compensation and Resettlement for Recovery, Acquisition and Demolition). The expropriation of state-owned agricultural land and collective land shall be implemented by the municipal land acquisition workstation after fulfilling the statutory land acquisition procedures. After the enterprises and institutions purchase and store the land, the municipal land reserve center and the enterprises and institutions that purchase the land use right shall sign the contract for the recovery and purchase of the state-owned land use right and its attachments.
(9) Recovery, purchase and recovery. The city investment company shall pay the cost of recovery and acquisition to the demolished person in accordance with the compensation and resettlement contract for recovery, acquisition and demolition. The recovery of state-owned agricultural land and the compensation for collective land expropriation shall be implemented by the municipal land acquisition workstation. City Land Reserve Center shall pay the compensation fee for the recovery and acquisition of the acquired land use right according to the "Contract for the Recovery and Acquisition of State-owned Land Use Right and Attached Objects on the Ground" signed with the acquired enterprises and institutions.
(10) Demolition and resettlement. State-owned construction land purchasing and storage involves demolition and resettlement, which shall be organized and implemented by the municipal demolition management department in accordance with the relevant provisions of national, provincial and municipal housing demolition, and the compensation and resettlement for demolition shall be implemented by the city investment company, and the district governments (Development Zone Management Committee) shall be responsible for coordination and cooperation; Involving sheds to lots, the city shed to do is responsible for the whole process of supervision. The recovery of state-owned agricultural land and the expropriation of collective land involve the demolition and resettlement of houses and ground attachments, which shall be implemented in accordance with the relevant provisions of the municipal government.