Ministry of Land and Resources, Ministry of Finance and People's Bank of China, Measures for the Administration of Land Reserves
国土资源部、财政部、中国人民银行土地储备管理办法
November 30, 2007 | BY
clpstaff &clp articles &China establishes land reserve management.
Promulgated: November 19 2007
Effective: As of date of promulgation
Interpreting Authorities: Ministry of Land and Resources, Ministry of Finance and People's Bank of China
Applicability: The term "land reserve" refers to land acquisition in accordance with the law for preliminary development and reserve for land supply by the land and resources administrative department of people's governments at the municipal and county levels to realize the objectives of adjustment and control of the land market and promotion of reasonable utilization of land resources (Article 2).
Main Contents: Article 6 states that all localities shall determine the scale of land reserve in a reasonable manner according to the needs for adjustment and control of the land market. Land reserve must be in line with planning. State-owned land for construction use in the inventory that is idle or with low utilization efficiency shall be reserved on priority. In respect of implementation of land reserve plans, the land and resources administrative department of the people's government at the municipal and county levels shall formulate project implementation plans, which shall be the basis for examination and approval procedures upon approval by the people's government at the same level (Article 9).
The scope of land reserve covers state-owned land recovered according to law; purchased land; land obtained by exercising preemptive rights; and land of which the approval procedures for conversion from agricultural land or land requisition have been handled (Article 10).
Articles 16 and 18 set out respectively that land reserve institutions shall have the right to finance land reserve and preliminary development upon approval, and shall carry out necessary preliminary development on reserve land, especially land reserved after lawful requisition.
The loan applications submitted by land reserve institutions to banks and other financial institutions shall be secured loans that may not exceed the plan or project budget (Article 25). No fiscal funds may be used as security for land reserve loans in accordance with the law (Article 27).
Related Legislation: Circular on Strengthening the Administration of State-owned Land Assets, May 30 2001; and Circular on Regulating the Administration of Balance of the Grant of State-owned Leaseholds, Dec 17 2006
clp reference:4100/07.11.19promulgated:2007-11-19effective:2007-11-19This premium content is reserved for
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