Thoughts on promoting the transformation of "three old"

Implementation Opinions on Promoting Economical and Intensive Land Use

County, District People's governments, municipal government departments and institutions directly under the:

In order to effectively promote the transformation of old towns, factories and villages in our city (hereinafter referred to as the "three old"), promote the economical and intensive use of land, and ensure scientific development, according to the opinions of the provincial government on promoting the "three old" transformation and promoting the economical and intensive use of land (Yue Fu [2009] No.78) and the implementation opinions of the Provincial Department of Land and Resources on the "three old" transformation (for Trial Implementation)

I. General Requirements and Principles

(1) General requirements.

Under the guidance of Scientific Outlook on Development, we will implement the Outline of the Reform and Development Plan for the Pearl River Delta Region (2008-2020), focus on the construction of five bases in our city, effectively change the concept of development and land use, improve the efficiency of land use, comprehensively promote the adjustment and transformation and upgrading of our city's industrial structure, promote the image and function of our city, optimize urban investment and ecological environment, coordinate the balanced development of urban and rural areas, and comprehensively enhance our comprehensive competitive strength. Strive to basically complete the transformation of the old urban areas in key urban functional areas, the comprehensive transformation of "villages in cities" and the relocation and transformation of old factories that do not conform to urban and rural planning in about five years, accelerate the construction of modern, cultural and landscape cities, and make every effort to promote the construction of a livable and business-friendly state and make new breakthroughs.

(2) Basic principles.

Follow the principles of "comprehensive exploration, local pilot, closed operation and controllable results" and "government-led, market operation, clear property rights, safeguarding rights and interests, overall planning, orderly promotion, economy and intensification, improving efficiency, respecting history and being objective and fair", and actively and steadily promote the "three old" transformation without breaking through the total scale of cultivated land, basic farmland and construction land determined in the overall land use planning. In the process of implementing the "three old" transformation, we should pay attention to safeguarding the interests of the people and relevant parties and maintaining social stability and harmony.

Two, the establishment of organizational structure, clear departmental responsibilities.

(1) Mechanism setting.

A leading group for Huizhou's "three old" transformation was established, with the mayor as the leader and the executive deputy mayor and deputy mayor in charge as the deputy heads. The members of the leading group are the Deputy Secretary-General of the municipal government, the Municipal Procuratorate, the Bureau of Land and Resources, the Housing and Urban-Rural Planning and Construction Bureau, the Supervision Bureau, the Development and Reform Bureau, the Economic and Information Bureau, the Public Security Bureau, the Finance Bureau, the Human Resources and Social Security Bureau, the Agricultural Bureau, the Foreign Trade and Economic Cooperation Bureau, the Audit Bureau and the State-owned Assets Supervision and Administration Commission. The responsibilities of the leading group are: to coordinate the transformation of the "three old" in the city; To study and decide on policies and measures for the transformation of the "three old" and solve major problems in the transformation of the "three old"; To study and approve the annual plan and transformation plan of the municipal "three old" transformation; Supervise and inspect the work of counties, districts and member units.

The office of the Municipal Leading Group is located in the Municipal Bureau of Land and Resources, with the Deputy Secretary-General in charge of the municipal government as the director of the office, and the director of the Municipal Bureau of Land and Resources, the Housing and Urban-Rural Planning and Construction Bureau as the deputy director, and all departments send business backbones to work in a centralized manner. The office of the leading group is responsible for the organization, coordination, assessment, inspection and supervision of the "three old" transformation work. Specific responsibilities are: take the lead in organizing and formulating policies and measures for the transformation of the "three old"; Review and initially determine the "three old" transformation projects; Supervise and coordinate the "three old" transformation work of relevant municipal functional departments, and implement the matters agreed by the leading group; To guide and supervise the transformation of the "three old" in counties and districts; Publicize the reviewed "Three Old" transformation projects to the public, and issue the approval documents for the "Three Old" transformation projects; Complete other tasks assigned by the leading group.

(2) Department responsibilities.

Municipal Development and Reform Bureau: responsible for the establishment of investment projects and the formulation of industrial policies in the "three old" transformation, and jointly with the Municipal Housing and Urban-Rural Planning and Construction Bureau and the Bureau of Land and Resources, formulate the "three old" transformation plan and annual implementation plan.

Municipal Bureau of Land and Resources: responsible for handling agricultural land conversion and land expropriation procedures involved in the "three old" transformation, organizing the implementation of land ownership registration, organizing the implementation of bidding, auction, listing and agreement transfer of state-owned construction land use rights.

Municipal Bureau of Housing and Urban-Rural Planning and Construction: In conjunction with the Municipal Bureau of Land and Resources, organize the preparation of the "three old" renovation plan for Huicheng District and Zhong Kai High-tech Zone to provide planning and design conditions for construction projects.

City Housing Authority: responsible for the confirmation and registration of housing ownership, demolition permit management and other work involved in the "three old" transformation.

The Municipal Procuratorate, Supervision Bureau and Audit Bureau are responsible for supervising the implementation of the "three old" transformation, supervising and inspecting the performance of duties by various departments and the implementation of the "three old" transformation in counties and districts, promptly correcting the deviation in the implementation, and resolutely investigating and dealing with violations of law and discipline in the work.

Municipal finance, information, environmental protection, agriculture, forestry, state-owned assets management, public utilities management, public security and fire protection, social security, taxation and other relevant administrative departments shall perform their respective duties, do a good job in coordinating services, and promote the "three old" transformation.

Counties and districts should also set up corresponding leading bodies and their offices to conduct unified deployment, guidance, service and supervision of the "three old" transformation work within their respective jurisdictions, and be responsible for the authenticity and legality of the "three old" transformation projects and related materials submitted for approval.

Three, reasonably determine the scope of the "three old" transformation

The term "three old buildings" as mentioned in this implementation opinion refers to the construction land shown as the existing superstructure on the current land use status map or satellite image map (or aerial photograph and orthophoto map) before the end of 2007, including old towns, old villages and old factories. The following land in our city can be included in the scope of "three old" transformation:

(a) according to the needs of urban planning, construction and development, land used for the transformation of urban villages;

(two) land used for the transformation of old towns because of the need of urban infrastructure and public facilities construction or the implementation of urban planning requirements;

(3) Villages with scattered layout, no reserved value and imperfect public service facilities;

(four) the rural construction land reclamation area in the pilot project of urban and rural construction land increase and decrease;

(five) collective construction land that must be transformed according to the requirements of industrial adjustment, urban planning, fire protection and environmental protection;

(six) industrial land with scattered layout, low land use efficiency and non-compliance with the requirements of safe production and environmental protection;

(seven) due to the adjustment of urban and rural planning, the industrial land of enterprises that "retreat into three";

(eight) the prohibited, eliminated and restricted industries specified in the national industrial catalogue are transformed into encouraged industries or the original land for modern industries with modern service industry and advanced manufacturing industry as the core;

(nine) the other by the city's "three old" transformation work leading group to determine the scope of the "three old" transformation of land.

One of the following circumstances, not included in the "three old" transformation category:

(a) does not conform to the overall land use planning, urban ecological control line planning, urban overall planning;

(two) does not conform to the industrial development policy and industry development plan;

(3) The ownership is disputed;

(four) by the judicial organs and administrative organs according to law decided to seal up or restrict land rights in other forms;

(5) Open space except marginal land, mezzanine land and flower planting land;

(six) other circumstances that are not included in the scope of the "three old" transformation.

Four, scientifically formulate the transformation plan and the annual implementation plan.

(1) planning requirements.

The "three old" transformation plan should focus on improving urban functions, increasing public facilities, improving urban traffic, improving environmental quality and spatial quality, and realizing the unity of economic, social and environmental benefits. It is advisable to reserve land for urban infrastructure and public facilities such as urban greening, municipal administration, education, medical care, and affordable housing in accordance with the requirements of "demolishing five and leaving one" (that is, 20%). Specific urban infrastructure and public facilities and other projects shall be subject to the notice of planning and design conditions approved by the municipal government. The land is demolished by the transformation unit, and the government gives reasonable compensation according to the cost. Should follow the principle of "government-led, piece-by-piece transformation", combined with property rights boundaries, administrative divisions, regulatory detailed plans, municipal roads or rivers, mountains and other natural boundaries, the scope of a single transformation land should not be less than 3 hectares in principle.

(2) Thorough investigation.

Seriously organize and carry out the "three old" land survey, mark each "three old" land on the land use status map, land use master plan map and aerial (satellite) orthophoto map, make a list and establish a database. In the investigation stage, land users take the initiative to declare and the city, county (district) "three old" transformation work leading group office survey in two forms. Where the land users voluntarily declare, the office of the leading group for the transformation of the "three old" of the city and county (district) will publish an announcement in the local major media, and eligible land users or market entities will register at the designated place within the prescribed time limit.

(3) Planning.

The Huizhou Huicheng District-Zhong Kai High-tech Zone "Three Old" Transformation Special Plan "and the annual implementation plan are compiled by the relevant departments directly under the municipal government, and other counties and districts" Three Old "transformation plans and annual implementation plans are compiled by counties and districts. The "Three Old" transformation plan is implemented after being approved by the Municipal People's Government, and the annual implementation plan is approved by the counties and district governments (Huicheng District and Zhong Kai High-tech Zone are approved by the municipal government), and reported to the office of the leading group for the "Three Old" transformation work for the record. According to the actual situation, it is really necessary to adjust or modify the special plan for the transformation of the "three old", which should be reported to the municipal government for approval.

(4) Preparation of implementation plan.

After the implementation plan of the "three old" transformation is determined, the preparation and approval of the implementation plan shall be carried out in accordance with the existing provisions on the examination and approval of urban planning.

Five, according to local conditions, using a variety of ways to implement the "three old" transformation.

(1) The government implements transformation. Due to the construction of urban infrastructure and public facilities or the implementation of urban planning for the transformation of the old city, it is necessary to adjust the land use, and the city and county (district) governments shall recover and purchase the land use rights according to law and incorporate them into the government land reserve. The specific procedures and prices included in the land reserve are determined according to the relevant provisions of the state, province, city, county and district.

(two) the original property owner to transform. Within the scope of the transformation of old cities and towns, under the premise of conforming to the overall land use planning, urban and rural planning and the "three old" transformation planning, the original land use right holders are encouraged to carry out transformation on their own. However, the original land use right holder must have all or most of the land ownership within the scope of transformation before applying. The allocation of land use rights, the change of land use and the extension of land use years involved may be transferred by agreement.

(3) Market players have been transformed. Within the scope of the transformation of the old city, under the premise of conforming to the overall land use planning, urban and rural planning and the "three old" transformation planning, the right holders of each block can jointly transform themselves with the established project company; Or the market main body negotiates with other land rights holders to sign a land transfer (acquisition) contract, and under the premise of implementing relevant compensation and resettlement measures, after purchasing some plots and buildings on the ground within the scope of transformation, after obtaining the demolition permit of the acquired plots, applies for centralized and sporadic demolition and transformation. The allocation of land use rights, the change of land use and the extension of land use years involved may be transferred by agreement.

(4) Rural collective land reform. Within the scope of the transformation of old villages, rural collective economic organizations voluntarily apply to convert collective construction land into state-owned land and approve it according to law. Rural collective economic organizations that transform themselves or cooperate with cooperative units according to the plan shall go through the formalities for land use in accordance with the following provisions.

1. If it is handed over to the rural collective economic organizations for self-transformation, the land will be provided by means of allocation, but it shall not be used for commercial housing development; Rural collective economic organizations cooperate with relevant units in reconstruction and construction, provide land by agreement, and transfer the land use right to the cooperative development unit of the village collective or the unit after the establishment of cooperation.

2. The transformation of old villages should be coordinated with the use of rural residential and industrial and commercial land, and overall planning and construction should be made, and the "double replacement" of farmers' homesteads for urban housing and rural construction land for social security and living security should be actively promoted.

(5) Government-led, introducing social funds, and carrying out the demolition and transformation of the "three old" films. For a piece of demolition and renovation project, the government can invite enterprises to undertake the demolition work through bidding at the demolition stage, or determine the land use right and the land to be renovated through public transactions on the premise of determining the development and construction conditions, and the winning bidder or bidder will be responsible for the demolition, cleaning and resettlement compensation of buildings, structures and other attachments.

(six) the land held by state-owned enterprises, city or county/district asset management companies and collective enterprises included in the "three old" transformation scope can be transformed by themselves as the original land use right holders; In cooperation with other parties, the city and county (District) governments will take it back and determine the main body of the transformation by way of public transfer. Due to the delisting and restructuring of enterprises, assets such as land and above-ground buildings have been publicly traded in the government property rights trading department, and there is no need for the government to recover them. Land asset holders can directly participate in the transformation according to the transformation plan.

(seven) the specific "three old" transformation methods and the determination of the transformation subject must be collectively studied by the leading group of the "three old" transformation work of the city and county (district). The approved "three old" renovation project shall not be transferred.

Six, on the classification and improvement of all kinds of historical land use procedures involved in the "three old" transformation.

(a) the construction land that has been used without legal use.

1. The land use behavior occurred before 1987 1, and it was confirmed according to the Provisions on Determining Land Ownership and Use Right issued by the former State Bureau of Land Management1March 1995/1.After the announcement, the registration of construction land ownership right was directly handled.

2. The land use behavior occurred between 0987+65438+65438 in1October and 65438+65438 in 0998+3 1 October. When using the land, a land acquisition agreement was signed with rural collective economic organizations or farmers, and there was no dispute caused by compensation and resettlement for land acquisition. So far, the landless farmers have no different opinions, according to 65438.

3. The land use behavior occurred from 1999 65438+ 10/to June 30, 2007. According to the relevant provisions of the Land and Land Management Law of People's Republic of China (PRC) revised by 1998 and 2004, the land requisition procedure was improved according to the land conditions after the punishment was implemented.

4. The occurrence time of land use behavior specified in the above points 1, 2 and 3 shall be preliminarily identified by the town government (sub-district office) and provided with relevant certificates, which shall be reviewed and reported step by step.

5. If the government purchases the reserve and supplies the land again, it must sell it by bidding, auction and hanging, and others can be sold by agreement.

(two) rural collective construction land into state-owned construction land.

If the original rural collective applies to convert the construction land owned by the rural collective with legal land use procedures into state-owned construction land, the expropriation procedures shall be handled on the premise that the rural collective applies for voluntary conversion into state-owned land and is voted by the villagers' congress.

(3) The procedures for improving all kinds of historical land for the transformation of "three old" should be completed before 20 12. The above measures do not apply to illegal land use that has been completed after June 30, 2007.

Seven, about the corner, mezzanine, flower planting and other issues involved in the "three old" transformation.

The marginal land, sandwich land and flower planting land (hereinafter referred to as the "three lands") involved in the transformation of "Three Old Buildings" conform to the overall land use planning and urban and rural planning, and the accumulated area does not exceed 10% of the land area of the transformation project (each land area is less than 3 mu, that is, 2,000 square meters). After the application of the transformation subject, it is classified as follows:

(a) "three places" are all state-owned construction land, which can be transferred in accordance with the agreement.

(II) The "three places" are collective agricultural land and need to go through the procedures of agricultural land conversion or land expropriation. After being audited by the Municipal People's Government, the county and district shall report them to the provincial people's government for approval in batches.

(3) If the "three places" belong to collective construction land, the counties and districts will incorporate the "three places" into the "three old" transformation plan that needs to improve the collection procedures and submit them together.

If the treatment of "three places" involves land expropriation, there is no need to hold a hearing, handle social security audit and arrange land retention on the premise of providing relevant certification materials.

Indeed, due to the planning and construction needs of the "Three Old" renovation project, if the "Three Old" area accounts for more than 10% of the total land area of the "Three Old" renovation project, it will no longer enjoy the "Three Old" renovation preferential policy, and must go through the procedures of land acquisition conversion and land supply according to the existing laws, regulations and policies.

Eight, on the "three old" transformation involved in the payment of land transfer fees and financial support policies.

(a) within the scope of the transformation of old towns, involving the allocation of land use rights and the change of land use, with the consent of the city and county (District) leading group for the transformation of the "three old", the land price shall be paid in accordance with the existing regulations:

1. If the land use conditions of the allocated land do not change its use, it is agreed to transfer it again:

Payable land use right transfer amount = the market price of the land use right to be transferred minus the equity price of the allocated land use right or the market price of the leased land use right to be transferred.

2. The agreement on changing the land use conditions such as the allocated land use shall be re-submitted for approval:

The amount of land use right to be transferred = the market price of land use right under the new land use conditions at the time of transfer minus the equity price of allocated land use right or the market price of leased land use right under the original land use conditions at the time of transfer.

3. Transfer of land due to change of use and other conditions:

The amount of land transfer fee that should be paid back = the market price of land use right under the new land use conditions when the change is approved MINUS the market price of land use right under the remaining years under the original land use conditions when the change is approved.

(II) Within the scope of old village reconstruction, if the rural collective economic organizations cooperate with relevant units in reconstruction and construction, and the costs and expenses such as compensation for land acquisition, demolition and resettlement are paid by the cooperative units, the compensation fees for land acquisition, demolition and resettlement invested by the transformation units in the early stage shall be paid from the land transfer fee when transferring the land. According to the planning indicators such as the total floor area ratio and building density determined by the demolition and reconstruction project plan, the total land price receivable shall be accounted and turned over to the financial special account in full; The part used to offset the compensation fee for land acquisition and demolition shall be paid from the land transfer fee after being calculated in sections according to the total plot ratio: the part with the plot ratio below 2.0 (inclusive) shall be deducted in full; The part with a plot ratio exceeding 2.0 will be discounted to 60%.

(III) Within the scope of the transformation of the old city, the land (excluding the old residential land) with the development and operation conditions, such as the original old factory buildings and office buildings, can be purchased by the land reserve institution, or the original owner can relocate and arrange the land by himself, and the government will organize the public transfer. The compensation fee is calculated according to 60% of the land transfer transaction price, including land consolidation and restoration costs. If the land reserve institution is responsible for house demolition, the relevant expenses shall be deducted from the compensation.

For the demolition and renovation of old residential houses, the government will no longer arrange land for the demolition and resettlement of relocated households. On the basis of full consultation with residents, the transformation subject should choose monetary compensation, local resettlement and cross-regional resettlement or other compensation and resettlement methods acceptable to both parties.

(four) the city and county (District) people's government through the expropriation of rural collective construction land, the transformation of old villages and other ways of business development, the maximum net income of land transfer can be returned to the original rural collective economic organizations 60%.

(5) In the transformation of the old city, if the land of state-owned enterprises that need to be relocated is recovered by the government in accordance with the law and sold through bidding, auction and listing, after deducting the compensation fee for land recovery, the net income from land transfer can be used to support the development of enterprises in accordance with the relevant provisions in accordance with the proportion of no more than 60%.

(six) the city (town) public infrastructure construction projects involved in the demolition compensation, according to the existing provisions of our city. City, county (District) government should arrange the corresponding project funds from the land transfer fee to support the transformation.

(seven) industrial land conforms to the urban and rural planning, under the premise of not changing the use, improve the land utilization rate and increase the floor area ratio, and no longer raise the land price.

(eight) the land supply mode, land payment standard, land transfer fee income treatment, etc. involved in the "three old" transformation project shall be reported to the municipal and county (district) leading group for collective research and decision, and shall be handled after publicity.

Nine, establish and improve the working mechanism, and fully promote the "three old" transformation.

(1) Establish contact system. City, county (District) leading group members, under the unified leadership of the leading group, according to their respective responsibilities, closely cooperate with the leading group to hold regular working meetings to solve the difficulties and problems in the "Three Old" transformation work.

(2) Establish a joint trial mechanism. City, county (District) "three old" transformation work leading group office to coordinate and organize all member units to establish a joint trial mechanism. For the comprehensive problems involved in the transformation process, which are difficult to be solved by a single examination and approval department, the office of the "Three Old" transformation leading group coordinates and organizes all member units to "centrally handle" and "specially handle" the examination and approval items to solve the existing problems. Housing and urban and rural planning and construction, land resources, development and reform departments should implement government guidance and support policies, speed up the examination and approval of "planning, land use and construction" according to laws and regulations, and improve work efficiency.

(3) Strengthen supervision and inspection. City Procuratorate and Supervision Bureau should carefully control the opinions on the implementation of the "three old" transformation work in counties and districts, and find that violations of the "three old" transformation provisions should be corrected in time. Where fraud, without authorization will not meet the scope of the "three old" transformation of land into the scope of transformation or not according to the "three old" transformation approval procedures for approval, by the city and county (District) Supervision Bureau in accordance with the relevant provisions severely punished.

(4) Guarantee funds. City, county (District) financial departments should arrange special funds in the annual budget for the daily office and planning of the "three old" transformation work.

X. others

(a) without the approval of the city and county (District) people's government, no unit, enterprise or individual may carry out the work related to the "three old" transformation. Alter without authorization at your own risk.

(two) the approved "three old" transformation project, where the demolition and resettlement has not been completed, shall not apply for the "state-owned land use certificate" for the transformation of the plot under the new applicable conditions, and a transformation project shall not apply for the "state-owned land use certificate" in the plot.

(III) The implementation opinions shall come into force as of the date of promulgation, and matters not covered herein shall be implemented according to the relevant policies of Guangdong Province's "Three Old" transformation.

(four) the documents and policies on the transformation of the old city previously issued by the municipal government and relevant departments, such as inconsistent with the implementation opinions, shall prevail.

(five) this opinion is explained by the "three old" transformation office.

20 10 August 24th

Keywords: economic management, three old △ land opinions

Cc: the relevant ministries and commissions of the Municipal Party Committee, the office of the Standing Committee of the Municipal People's Congress, the office of the CPPCC, the office of the Municipal Commission for Discipline Inspection, the Municipal Intermediate People's Court, the Municipal Procuratorate, the troops stationed in Huizhou, and the Huizhou Military Division.

Huizhou Municipal People's Government Office released on 20 10.