Article 2 These Measures shall apply to the land preparation interest overall planning project (hereinafter referred to as the interest overall planning project) with the land actually controlled by the former rural collective economic organizations and their members as the main implementation object. The interest planning project is bounded by the street (Dapeng New District is bounded by the new district), and there is at least one planned construction land with an area of over 3,000 square meters. Interest planning projects should be included in the annual plan of land consolidation in the city, and reported to the municipal government for approval.
The requisition and transfer procedures that have been included in the special action of illegal building space control are not perfect, and the open space that has not been built is implemented through land consolidation, which can be implemented with reference to these measures.
Article 3 Based on the principle of government-led, community-oriented and social participation, the overall interest planning project comprehensively considers the land that has not been fully compensated for land acquisition (transfer) within the project scope and the legal land of the successor unit of the original rural collective economic organization, and completes the land confirmation within the combat readiness scope by means of planning, land, capital and property rights, and solves the problems left over from history in a package, realizing a win-win situation among the government, the successor unit of the original rural collective economic organization and relevant stakeholders, thus promoting the development of the community.
Article 4 Within the scope of interest coordination projects, the government and the former rural collective economic organizations "make big accounts" to the receiving units, and intensively arrange the land by means of capital arrangement, land confirmation, land use planning, etc., so as to ensure the space demand for urban construction and community development.
The original rural collective economic organizations followed the "detailed accounts" between the receiving units and the relevant stakeholders, and protected the relevant rights and interests of the stakeholders by means of money, equity and physical resettlement, thus realizing the comprehensive requisition, transfer and demolition within the scope of preparedness.
Except for the reserved land, all the remaining land is handed over to the government for management.
Chapter II Rules for Coordination of Interests
Article 5 The fund arrangement of overall planning projects shall be accounted for in the following ways: the buildings (structures) within the project scope shall be accounted for according to the replacement price; The land that has not gone through the procedures of expropriation (transfer) compensation shall be accounted for at 50% of the industrial benchmark land price in the region; Young crops and attachments are accounted for according to relevant standards; The technical support fee, unforeseen fee and business fee involved in the project shall be implemented with reference to relevant regulations.
Article 6 The land reserved for benefit planning projects refers to the land that has been accounted for and confirmed to the original rural collective economic organization according to these measures, including the legal land approved within the project scope, the legal indicators transferred out of the project scope and the land that enjoys the benefits of project approval. The specific proportion is calculated as follows:
(1) The approved legal land within the project scope refers to the legal land that has been confirmed by the former rural collective economic organization and its members (including the obtained real estate license, the land use right transfer contract, the approval of non-agricultural construction land, the approval of land requisition return, the certificate of illegal buildings left over from the history of rural urbanization, and the approval of old houses and villages, etc. ), the scale of reserved land is calculated according to the equally divided land area;
(two) the legal indicators of the project scope, including the indicators of non-agricultural construction land, land acquisition and land reserve indicators of other land consolidation projects. Such land use indicators can be arranged and implemented within the scope of the project after being approved according to relevant regulations;
(3) The land enjoying the benefits of the project approval refers to the planned construction land with imperfect compensation procedures for land acquisition (transfer) outside the scope of the above-mentioned item (1). After deducting the non-agricultural construction land index and the land acquisition and return index of the above-mentioned item (2), the scale of reserved land is calculated according to table 1. Among them, the current floor area ratio refers to the ratio of the current construction area to the planned construction land area within the scope of project implementation.
Table 1 Benefit ratio * * *
Proportion of current floor area ratio
0 ≤20%
0 1.5 ≤ 50%
Article 7 The land reserved for benefit planning projects shall first be arranged within the scope of this project, and implemented in the order of land enjoyed by benefits, legal land approved within the scope of the project, and legal indicators of project scope. The reserved land is located in the industrial block line within the scope of the beneficiary planning project. If it is planned as industrial land, the part of the land that benefits can rise by 50%.
In principle, the scale of reserved land arranged within the scope of interest planning projects shall not exceed 55% of the planned construction land area of the project.
Due to the need of overall planning, unsold corner land, sandwich land and flower planting land around the benefit planning project can be included in the site selection scope of reserved land, but the area of unsold state-owned land included in the site selection scope does not exceed 3,000 square meters, or does not exceed 10% of the planned construction land area within the project scope.
Article 8 If the reserved land cannot be arranged within the scope of this project, the rights and interests in the reserved land index * * * can be coordinated with the urban renewal project of this street, or directly fall into the built-up area where the economic relationship of this street is not straightened out, and the original rural collective economic organizations will demolish and rebuild it. According to the reserved land indicators arranged in the above two ways, the legal part of the land is calculated according to the equally divided land area, and the part of the land that benefits from * * * rises by 50%.
The reserved land index can also be handled as a whole with other interest planning projects in this street, and the legal land use part and the interest * * * enjoyment part are accounted for according to the same land area.
The reserved land index shall be implemented with reference to the above two paragraphs. In case of cross-street arrangement, the reserved land index shall be converted according to the proportion of the current benchmark land price of industrial land in the two places, and shall not be greater than the reserved land index calculated by the original street.
The index of reserved land should be managed by ledger, and it should be implemented as soon as possible.
Article 9 The use of land reserved for benefit planning projects shall be based on the approved statutory plans, conform to the regional functional orientation and meet the planning implementation requirements.
The planned construction area of reserved land consists of three parts: basic construction area, supporting construction area and * * * enjoyment construction area. The specific value is determined in combination with the Accounting Rules for the Planning and Construction Area of Reserved Land (see Annex for details).
The basic construction area belongs to the successor unit of the original rural collective economic organization and is used for community development and relocation.
According to Shenzhen Urban Planning Standards and Guidelines, statutory plans and related planning requirements, the supporting construction area is community-level public facilities in the reserved land. After the completion of community-level public facilities, they will be handed over to the government free of charge, and the property rights will be owned by the government. The specific transfer agreement is clearly defined in the land transfer contract, unless otherwise stipulated by laws and regulations.
* * * 60% of the construction area is used for talent housing, public * * * rental housing or innovative industrial housing, which is repurchased by the government or government-designated institutions, and the remaining 40% of the construction area is owned by the original rural collective economic organization through * * *. The type and scale of repurchased real estate shall be stipulated in the planning conditions of reserved land. The repurchase procedures and prices are implemented with reference to the relevant policies of the municipal government, and the property rights of the repurchased property are owned by the government or government-designated institutions.
Article 10 The land use period of reserved land shall be determined according to the maximum land use period stipulated by law. The former rural collective economic organizations are exempt from land price for their own use, and the land used is a non-market commodity; The reserved land shall pay the land price according to these measures, and the nature of the land is a market commodity.
In accordance with the provisions of the eighth arrangements for the implementation of land retention indicators, and urban renewal projects as a whole. The use, examination and approval, property right attribute and land price calculation of reserved land are carried out according to the relevant policies of urban renewal, and the land price that enjoys the benefits is charged according to the land price standard of urban renewal historical land disposal; If it is arranged in the built-up area and demolished and rebuilt by the former rural collective economic organizations, the land will be reserved within the project scope for handling relevant planning and land use procedures; With other interests as a whole, the reserved land index is transferred from the project according to the legal index type.
Article 11 If the reserved land is planned as industrial land, the land price shall be paid at 10% of the benchmark land price currently announced.
If the reserved land is planned as residential land and commercial service land, the land price shall be collected by segments according to the basic construction area and the * * * enjoyment construction area, in which the basic construction area is paid at 10% of the benchmark land price announced in the current year, and the * * enjoyment construction area belongs to the successor unit of the original rural collective economic organization at 65,438+000% of the benchmark land price announced this time.
Talent housing, public rental housing, innovative industrial housing, and community-level public facilities are bought back by the government or the government, and the land price is exempted.
Chapter III Project Management
Twelfth overall planning projects shall formulate implementation plans. The implementation plan shall be examined and approved by the district government (including the new district administrative committee, the same below). The implementation plan includes capital plan and land reservation plan. If the reserved land is arranged within the scope of the project, the location, scale, use and planning control index of the reserved land shall be clearly defined in the reserved land plan. If land is reserved outside the scope of the project, the index category, scale and arrangement scheme of land should be clearly defined in the land reservation scheme.
If the arrangement of reserved land involves areas not covered by statutory plans or areas where statutory plans have not been formulated, and it is necessary to adjust the mandatory contents of statutory plans, research on land preparation planning shall be carried out and incorporated into the implementation plan. Land consolidation planning shall be examined and approved by the statutory planning committee of the Municipal Planning Commission. As the basis of planning and management, the approved land preparation plan is incorporated into the "one map" of urban planning after its publication.
Article 13 According to the approved implementation plan and land consolidation plan, the dispatched offices of the district land consolidation office, sub-district offices and planning land management departments and the heirs of the former rural collective economic organizations shall sign an implementation agreement for the land consolidation project, specifying the implementation progress of the project, land consolidation funds, the scope of land granted by the government, the arrangement of reserved land and the scale of reserved land indicators.
After the approval of the reserved land examination and approval body and the issuance of the approval letter of reserved land, the successor unit of the original rural collective economic organization may introduce the reserved land development body through cooperative development or pricing shares in accordance with the relevant provisions on the disposal of collective assets.
Article 14 The successor unit of the former rural collective economic organization shall, in accordance with the relevant requirements of the implementation agreement of the land consolidation project, straighten out the economic interests within the scope of the interest planning project, and be specifically responsible for the compensation, demolition, cleaning and handover of buildings (structures), young crops and attachments.
The successor unit of the original rural collective economic organization shall organize the relevant obligee to sign the demolition compensation and resettlement agreement. The demolition compensation and resettlement agreement shall stipulate the compensation method, the amount of compensation, the payment period, the area of the house to be demolished and other related matters. If the cancellation of the real estate ownership certificate is involved, the relevant obligations and responsibilities shall be clarified. The demolition compensation and resettlement agreement shall be reported to the relevant functional departments of the district government for the record.
The main body of reserved land development selected and determined according to legal procedures can participate in house demolition and land clearing.
Fifteenth reserved land is transferred to the original rural collective economic organization by agreement.
The development and construction of land reserved for interest planning projects shall conform to the time sequence determined by the rights and obligations of all parties and the project implementation agreement, and go through the relevant land compensation procedures on time, and the former rural collective economic organization and the planning and land administrative department shall sign a contract for the assignment of the right to use the land reserved.
If the reserved land is developed in cooperation, the former rural collective economic organization may apply to the agency of the competent department of planning and land to change the contract for the assignment of land use rights, and sign a supplementary agreement with the development subject for the assignment of land use rights; If the reserved land is invested at a fixed price, the former rural collective economic organization may apply to the agency of the competent department of land planning for the change of the land use right transfer contract, and sign a supplementary agreement on the land use right transfer contract.
Sixteenth district government shall, in accordance with the relevant provisions of the land consolidation and acceptance, organize relevant functional departments to do a good job in the land acceptance, classified transfer and storage management of interest coordination projects.
The agency of the competent department of planning and land use shall handle the relevant procedures such as planning permission and land transfer of reserved land according to its functions, and establish a ledger of reserved land according to the project situation.
The relevant functional departments of the government shall provide technical guidance and services to the successor units of the original rural collective economic organizations, and strengthen the supervision and management of project implementation.
Seventeenth staff of state organs and the relevant personnel of the former rural collective economic organizations shall carry out the coordination of land consolidation interests in accordance with the provisions of laws and regulations.
Any unit or individual who violates the relevant provisions of laws and regulations and causes serious consequences shall be investigated for relevant responsibilities according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter IV Supplementary Provisions
Article 18 These Measures shall come into force as of the date of promulgation and shall be valid for 5 years.
Nineteenth before the implementation of these measures, the project implementation plan has been approved by the district government, and shall be implemented in accordance with the approved implementation plan; If the implementation plan is not approved by the district government, it shall be implemented with reference to these measures.