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深圳市征用土地实施办法 Implementation Measures of Shenzhen Municipality on Requisition of Land

2006-05-13 11:15   我要纠错 | 打印 | 收藏 | | |

深圳市人民政府令第121号

(Promulgated according to Decree No. 121 on August 21, 2002 and put into force on October 1, 2002.)

颁布日期:20020821  实施日期:20021001  颁布单位:深圳市人民政府

  Chapter I General Provisions

  Article 1 In order to ensure the reasonable utilization of land resource and well-off implementation of city planning, protect legal rights and interests of the party requisitioned of land, taking into account the specific conditions of this municipality, these measures are hereby formulated in accordance with laws and regulations.

  Article 2 These measures shall be applicable to those acts involving in the requisition of land within the jurisdiction areas of this municipality after having been approved in advance.

  These measures shall not be applicable to those acts involving in the requisition of lands for reconstruction of old villages and small towns.

  Article 3 The Municipal Land Administrative Authority (hereinafter referred to as the “Administrative Authority”) shall take charge in the work organizing and implementing requisition of land, while its detached office (hereinafter referred to as the “Detached Office”) shall take charge in the land requisition work within its jurisdiction area.

  All districts and town governments shall assist and cooperate with the Administrative Authority and its Detached Office to requisition land within their respective jurisdiction areas.

  Chapter II Compensation for Requisition of Land

  Article 4 The sum of compensation shall include compensation for lands, settlement, seedlings, buildings and other things adhering to the buildings.

  The standard for compensation fees as described in the preceding paragraph shall be determined according to the annex of these measures, i.e. the Standard for Compensation of Requisition of Land of Shenzhen Municipality. The Municipal Government may adjust the standard according to the development of the social economy.

  Article 5 The compensation for legal buildings and other things adhering to the buildings and reasonable consistency seedlings in the requisition shall base on the original use of the land requisitioned.

  In case the party requisitioned of land violates Item (1) and (2) of Article 11 of these measures, such land requisition shall not be sorted and counted, examined and measured, and compensated as well.

  Article 6 The compensation for requisition of land shall be made in currency.

  Article 7 The parties to the agreement of compensation and settlement shall pay the compensation fees and deliver the land, seedlings, building and other things adhering to the building according to the agreement.

  Article 8 In the case that there is contractual relation between the unit requisitioned of land and a third party therein involving compensations, such matters shall be negotiated and settled by the aforesaid parties.

  In the case that the seedlings, buildings and their adhering things, which are to be compensated, belong to a third party, the unit requisitioned of land shall deliver such money for compensations to the third party.

  Chapter III Procedure for Requisition of Land

  Article 9 After being approved of land requisition, the Administrative Authority or its Detached Office shall make announcement to the public in accordance with relevant documents of approval. The period for the announcement is 15 days.

  The contents of the announcement shall include such matters as location, scope and acreage of the land requisitioned, time, reason, gist of requisition, compensation for the requisition, contact information for negotiation of settlement and requirements for the unit requisitioned of the land, etc……

  Article 10 After the promulgation of Announcement of Land Requisition, the original use of the requisitioned land shall be affirmed by the administrative department in charge of agriculture, forestry and fishery.

  Article 11 After the promulgation of Announcement of Land Requisition, the following acts shall not be carried out in the requisitioned land:

  (1) Disposing of land or building, rebuilding, extending building or doing fitment on the above-ground building and things adhering to the building;

  (2) Engaging in those planting and breeding acts with a purpose of increasing compensation fees or settlement standard;

  (3) Transferring of or mortgaging with rights and interests relevant to the land or above-ground building and things adhering to the building; and

  (4) Constituting or modifying tenancy relation.

  Article 12 After issuing the announcement, the Administrative Authority or its Detached Office shall consign a mapping institution to carry out survey and demarcation on the scope of the land to be requisitioned.

  Article 13 The Administrative Authority or its Detached Office may consign a development and construction unit to handle such specific matters as compensation and settlement in the case of organizing and implementing the requisition of land.

  Article 14 The Administrative Authority or its Detached Office shall, after issuing the announcement, check and ratify the rights to the land, seedlings, buildings and their adhering things on the land to be requisitioned therein affirming the owner and attribution of the rights.

  Article 15 The personnel to sort and count of seedlings on the land requisitioned shall include representatives of rural collectivity, the Administrative Authority or its Detached Office and personnel consigned by the authority and its Detached Office.

  The buildings and their adhering things to be compensated shall be examined and measured by a mapping institution according to relevant state regulations and operation rules, the result of the examination and measurement shall be publicized after being affirmed by the owner of the right.

  In case the owner of the right refuses to affirm the result without warrant, the Administrative Authority or its Detached Office shall take measures to preserve evidence and handle notarization, and publicize result of the notarization.

  Article 16 In case there is not any objection to the results of sort and count, examination and measurement, and price evaluation of the buildings by an evaluation institution after such results having been publicized for 15 days, the Detached Office shall study out the plan for compensation according to the aforesaid result and the compensation standard stipulated in the annex of these measures, and make an announcement to the public after getting the approval of the Administrative Authority. The period of the announcement shall be 15 days.

  Article 17 After the expiration of the period of the announcement of compensation plan, the Administrative Authority or its Detached Office shall conclude an agreement of compensation and settlement with the party requisitioned of land.

  Article 18 In case there is any objection to the compensation plan and therein an agreement of compensation and settlement cannot be concluded on schedule after the issuance of an announcement of requisition of land, the Administrative Authority or its Detached Office shall make a written decision on compensation and settlement, and apply for notarization on submission of the compensation fees to a notarization institution.

  Article 19 In case the unit requisitioned of land objects to the compensation and settlement, he may apply for administrative reconsideration within 60 days upon receiving the written decision or within 15 days in the case of filing a lawsuit to a people‘s court.

  Article 20 Such matters as objecting to compensation plan and no agreement of compensation and settlement concluded shall not tamper with the requisition of land.

  Chapter IV Legal Liabilities

  Article 21 Anyone, who misappropriating or embezzling money or other relevant money for compensation of land requisition of any unit requisitioned of land, shall be prosecuted for administrative sanction, or prosecuted for criminal liability in the case of committing a crime.

  Article 22 Anyone, who threatening, intimidating, abusing or assaulting personnel of the Administrative Authority or its Detached Office or the personnel consigned by them, obstructing the requisition of land, shall be given administrative sanction by the police or prosecuted for criminal liability in case of committing a crime.

  Article 23 Any mapping and evaluation institution and their personnel, who commits falsifications and irregularities for favoritism, shall bear civil liability or be prosecuted for criminal liability according to law in case it commits a crime.

  Article 24 Any personnel of the Administrative Authority or its detached office or the personnel consigned by them, who abuses of duty, misuses of authority or practices irregular favoritism during the work on requisition of land, shall be given administrative discipline by the Supervision Authority of the Municipal Government or their work unit; in case it constitutes a crime, he shall be prosecuted for criminal liability according to law.

  Chapter V Supplementary Provisions

  Article 25 In case there had been an agreement of compensation before the implementation of these measures, the original agreement shall be applicable to such compensation.

  Article 26 In the case of requisition of collective land, the original agricultural tax payable shall be reduced or exempted according to relevant rules.

  Article 27 The Transit Card for Cultivation and Card for Going to Sea acquired by the party requisitioned of land shall be reserved.

  Article 28 These measures shall take effect as of October 1, 2002.

  Article 29 The Interim Rules of Shenzhen Municipal People‘s Government on Compensation Standard for Requisition of Oyster Field which promulgated in 1987, Some Rules on Requisition of Land of Shenzhen Special Economic Zone and its annex which promulgated in 1989 by the Municipal Government shall be abolished as of the date these measures come into effect.

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