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Promoting the reform of planned land use based on "multi-regulation integration"
On September 20th, the Ministry of Natural Resources of People's Republic of China (PRC) and People's Republic of China (PRC) issued the Notice of the Ministry of Natural Resources on Promoting the Reform of "Integration of Multiple Examinations and Multiple Certificates" on the basis of "Integration of Multiple Regulations" (hereinafter referred to as the Notice), which will be implemented as of the date of promulgation and will be valid for 5 years.

The "Notice" said that the first is the merger of planning site selection and land use pre-examination. The site selection opinions of construction projects and the pre-trial opinions of construction projects will be merged, and the pre-trial and site selection opinions of construction projects will be uniformly issued by the competent department of natural resources, and the site selection opinions and pre-trial opinions of construction projects will no longer be issued separately.

The second is to merge the planning permission of construction land with the approval of land use. The planning permit for construction land and the approval letter for construction land are merged, and a new planning permit for construction land will be issued by the competent department of natural resources in a unified way, and the approval letter for construction land will no longer be issued separately.

Third, we should promote the integration of multiple exams and multiple exams. Focusing on standardizing standards and strengthening the sharing of results, we will integrate many surveying and mapping businesses such as construction land approval, urban and rural planning permission, planning verification, completion acceptance, real estate registration, etc., focusing on results management, and promote "multi-survey merger, joint surveying and mapping, and results sharing".

Fourth, simplify the report approval materials. All localities should issue new certificates in accordance with the reform requirements of "multi-trial integration and multi-certificate integration".

At the press conference held by the State Council Press Office on the morning of September 20th, Zhao Long, Vice Minister of Natural Resources, made three explanations on this policy:

First, reform planning permission and land use approval, promote "multiple trials and multiple certificates", effectively optimize the business environment, and enhance the people's sense of acquisition. Planning permission and land use approval are directly related to the interests of enterprises and the masses. Before the institutional reform, because the planning responsibilities belonged to different departments, the administrative counterpart had to apply to the two departments for urban and rural planning permission and construction land approval, many of which were highly similar. Objectively, there are many problems such as multi-head approval, repeated approval, cross-approval, and complicated processes, which increase the burden on enterprises and the masses and affect the efficiency of investment. This reform of the party and state institutions has integrated the main functional area planning, land use planning, urban and rural planning and other spatial planning into a unified national spatial planning, realizing the "integration of multiple regulations" and creating conditions for the reform of planning permission and land use approval. On the basis of extensive consultation and repeated research and demonstration, the party group of the Ministry of Natural Resources focused on realizing functional optimization, coordination and high efficiency, facilitating the people and benefiting enterprises, and solving the "blocking points" and "pain points" in planning permission and land use approval, and issued the Notice on Promoting the reform of "multi-examination and multi-certification integration" of planning land based on "multi-regulation integration", which passed the "three mergers" and "65433" after the reform. The examination and approval time will be greatly shortened, and the waste of administrative resources will also be reduced, which is conducive to further improving the efficiency of government services, optimizing the business environment, reducing the institutional transaction costs of administrative counterparts and facilitating investment. When the "Notice" was publicly solicited for opinions, the public gave positive comments and full of expectations, which further strengthened our determination and confidence in promoting this reform.

Second, reform the national spatial planning examination and approval system, improve efficiency, and promote the modernization of the national spatial governance system and governance capacity. Before the institutional reform, more than 65,438+000 cities reported to the State Council for approval of overall land use planning and urban planning. At the same time, there are some problems in the review, such as unclear power, too extensive content and many technical disputes, which lead to too long review time, and some plans have expired even when they are approved, which seriously affects the authority and seriousness of the plans. In order to solve the above problems, the Ministry of Natural Resources reformed the planning examination and approval system and issued the "Notice on Carrying out Land Spatial Planning in an All-round Way". According to the principle that whoever approves is in charge, first, with the approval of the State Council, reduce the number of cities reported to the State Council for approval. In addition to the planning of municipalities directly under the central government, cities under separate state planning, provincial capital cities and cities designated by the State Council, other cities are approved by the provincial government. The second is to reduce the examination and approval content. According to the principle of consistency of power and responsibility, the national level is mainly responsible for reviewing the contents that the country needs to control: including the goal orientation of planning; Including the delineation and implementation of ecological protection red line, permanent basic farmland, urban development boundary and other control lines, as well as the natural historical and cultural protection system reflecting regional characteristics; Including the scale of construction land, development intensity, total water consumption and intensity, infrastructure, public service facilities and public space; Including the spatial pattern and adjacent relationship between cities and regions; Others are reviewed by local authorities. The third is to significantly shorten the approval time, and compress the approval time of the past three years or even longer to about half a year. In order to effectively improve the scientific, operational and authoritative planning, and promote the modernization of the national space governance system and governance capacity.

Third, we must cooperate pragmatically to promote the reform to achieve results. These two reforms are important achievements of the reform of the party and state institutions in the field of natural resources. At present, the tasks, requirements and implementation paths of the reform have been clearly defined, and the key is to do a good job of implementation. Strengthen guidance, do a good job in training, urge the competent departments of natural resources at all levels to refine their responsibilities, ensure the effectiveness of various reform measures, and achieve the effectiveness of benefiting the people, enterprises and people. At the same time, local governments are encouraged to further explore and practice, find and study and solve problems that affect the efficiency of examination and approval and bring inconvenience to the masses, and constantly improve and perfect them. While reforming the examination and approval system, we should adhere to the combination of management and management, implement regulatory responsibilities, improve regulatory rules, innovate regulatory methods, and use advanced technical means such as big data, remote sensing images and spatial planning "one map" to strengthen and standardize post-event supervision, and seriously investigate and deal with violations of laws and regulations in planning implementation. It is hoped that the reform of the regulatory system will be implemented through these spatial plans, so that the people can get more benefits.

Yan Yuejin, research director of the think tank center of Yiju Research Institute, believes that the Ministry of Natural Resources issued a new policy of planning permission and land use approval, and used the word "heavy" on the official micro, which fully reflected the importance of such policy reforms. From the perspective of real estate development process, land use approval and related planning are the first problems to be faced. Following the policy orientation of multi-examination, multi-government and multi-regulation, the land acquisition and project development of relevant housing enterprises will form new adjustments.

Yan Yuejin pointed out that there are three aspects worthy of recognition in this reform:

First, it reduces the administrative links of real estate development.

Yan Yuejin believes that this policy will combine the opinions on site selection of construction projects with the opinions on pre-examination of land for construction projects, which will help speed up the development and approval of related projects. At the same time, the policy also stipulates the merger of the standard permit for construction land and the approval letter for construction land, which actually involves the streamlining of the "five certificates" for real estate development, which is conducive to reducing the examination and approval links for housing enterprises after taking land, which is conducive to high turnover and reducing costs.

Second, the integration of urban and rural planning and land use system.

"In the past, real estate development should refer to both urban and rural planning and land supply system. If the planning department and the land department do not work in the same system, it is equivalent to two approvals. There is still a problem in reality, that is, there may be contradictions and conflicts between the planning content and the land content, which makes the developer's project development very passive, "Yan Yuejin said. "This policy is clear, integrating many surveying and mapping businesses such as construction land approval, urban and rural planning permission, planning verification, completion inspection and acceptance, real estate registration, etc., which actually enables real estate enterprises to achieve the effect of' one department seals', which can reduce errands and make project development ideas clearer."

The third is to simplify the declaration procedures.

Yan Yuejin said that in real estate development, there was a saying that "real estate development needs to cover hundreds of chapters", which is actually a reflection of the inefficiency of real estate. The current policy stipulates that the application materials will be further simplified and standardized, and innovation in Internet business will be encouraged. This regulation makes the subsequent application process of real estate project construction compressed. For real estate enterprises, if they can master the latest construction application and approval process, they can achieve high turnover effect.

The following is the full text of the notice:

Notice of the Ministry of Natural Resources on Promoting the Reform of "Multi-examination and Multi-certification Integration" of Planning Land Based on "Multi-regulation Integration"

(Natural Resources Supervision [2019] No.2)

Departments in charge of natural resources in all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning, Xinjiang Production and Construction Corps, Military Facilities Construction Bureau of Logistics Support Department of Military Commission, State Forestry and Grassland Bureau, China Geological Survey and other directly affiliated units, organs, ministries and departments:

In order to implement the requirements of the CPC Central Committee and the State Council to promote the transformation of government functions, deepen the reform of "simplifying administration and decentralizing power, strengthening supervision and improving services" and optimize the business environment, the relevant matters concerning the reform of "multi-regulation" planning land and "multi-examination and multi-certification" are hereby notified as follows:

First, the merger planning and site selection and land pre-examination.

The site selection opinions of construction projects will be merged with the pre-trial opinions of construction projects, and the site selection opinions of construction projects will be uniformly issued by the competent natural resources department (see Annex 1), and the site selection opinions and pre-trial opinions of construction projects will no longer be issued separately.

Involving new construction land, land pre-trial authority in the Ministry of natural resources, the construction unit to the local natural resources department to apply for land pre-trial and site selection, accepted by the local natural resources department; After the provincial department in charge of natural resources has declared to the Ministry of Natural Resources that it has passed the pre-examination of land use, the local department in charge of natural resources will issue a pre-examination and site selection opinion to the construction unit. If the authority of land pre-examination is in the competent department of natural resources below the provincial level, the provincial competent department of natural resources shall determine the level and authority of pre-examination and site selection of construction projects.

The use of legally approved construction land for construction projects, no longer apply for land pre-examination; If it is necessary to handle the planning and site selection, the local natural resources department shall review the planning and site selection, and issue opinions on the pre-trial and site selection of construction projects.

The validity period of the pre-trial site selection opinions of construction projects is three years, counting from the date of approval.

Two, the merger of construction land planning permission and land approval.

The planning permit for construction land and the approval letter for construction land are merged, and a new planning permit for construction land will be issued by the competent department of natural resources (see Annex 2), and the approval letter for construction land will not be issued separately.

To obtain the right to use state-owned land by means of allocation, the construction unit shall apply to the local municipal and county natural resources authorities for planning permission for construction land. After the approval of the people's government with the right to approve the construction land, the municipal and county natural resources departments shall simultaneously issue the construction land planning permit and the decision on the allocation of state-owned land to the construction unit.

Where the right to use state-owned land is obtained by means of transfer, the municipal and county natural resources departments shall prepare a land transfer plan according to the planning conditions, organize land supply after approval according to law, and incorporate the planning conditions into the contract for transferring the right to use state-owned construction land. After the construction unit signs the contract for transferring the right to use state-owned construction land, the municipal and county natural resources departments shall issue the construction land planning permit to the construction unit.

Third, promote the integration of multiple exams.

Focusing on standardizing standards and strengthening the sharing of results, we will integrate many surveying and mapping businesses such as construction land approval, urban and rural planning permission, planning verification, completion acceptance, real estate registration, etc., focusing on results management, and promote "multi-survey merger, joint surveying and mapping, and results sharing". Shall not repeatedly review and require the construction unit or individual to submit the surveying and mapping results of the same subject matter for many times; If necessary, it can be verified, updated and supplemented by surveying and mapping. In the completion and acceptance stage of the construction project, the planning verification, land verification and real estate surveying and mapping that the competent department of natural resources is responsible for will be merged into one acceptance item.

Fourth, simplify the examination and approval materials.

All localities should issue new certificates in accordance with the reform requirements of "multi-trial integration and multi-certificate integration". Clean up the existing guidelines, application forms and list of application materials for approval of construction land and urban and rural planning permits, and further simplify and standardize the application materials. In addition to the statutory approval documents and certificates, all kinds of notices and review opinions of local establishment will be cancelled. To speed up the informatization construction, you can enjoy the relevant documents, certificates and other materials obtained through internal government information, and you may not ask the administrative counterpart to submit them; The materials that have been provided by the administrative counterpart in the early stage and have not changed shall not be required to be submitted repeatedly. Support all localities to explore the provision of online processing, progress inquiry, file download and printing services for administrative counterparts through the Internet and mobile APP.

This notice shall come into force as of the date of promulgation and shall be valid for 5 years. All localities can formulate detailed rules for implementation in light of actual conditions.