Opinions on the Administration of Construction Land in China (Fujian) Pilot Free Trade Zone

 2018-06-16  30



  • Document NumberNo. 37 [2015] of the Department of Land and Resources of Fujian Province
  • Area of Law China (Fujian) Pilot Free Trade Zone
  • Level of Authority Local Regulatory Documents
  • Date issued02-04-2015
  • Effective Date02-04-2015
  • Status Effective
  • Issuing Authority Other Institutions of Fujian Province



Notice of the Department of Land and Resources of Fujian Province, the Department of Housing and Urban-Rural Development of Fujian Province, and the Department of Commerce of Fujian Province on Issuing the Opinions on the Administration of Construction Land in China (Fujian) Pilot Free Trade Zone
(No. 37 [2015] of the Department of Land and Resources of Fujian Province)
All relevant entities in China (Fujian) Pilot Free Trade Zone:
To implement the decision-making and deployment of the provincial party committee and the provincial government on deepening reform and expanding opening-up, and promoting the integrated developmentacrosstheStrait, promote China (Fujian) Pilot Free Trade Zone's improvement of its regional functions and supporting facilities, adjust and optimize industrial structure, and improve the efficiency of land utilization, Department of Land and Resources of Fujian Province, Department of Housing and Urban-Rural Development of Fujian Province, and Department of Commerce of Fujian Province have jointly developed the Opinions on the Administration of Construction Land in China (Fujian) Pilot Free Trade Zone, which are hereby issued to you for your compliance and implementation.
Department of Land and Resources of Fujian Province
Department of Housing and Urban-Rural Development of Fujian Province
Department of Commerce of Fujian Province
February 4, 2015
Opinions on the Administration of Construction Land in China (Fujian) Pilot Free Trade Zone
To accelerate the construction of China (Fujian) Pilot Free Trade Zone (hereinafter referred to as “FJFTZ”), foster and develop new industries, new technologies and new models, and improve the levels ofeconomical and intensive utilization of land and planning and construction, in accordance with the provisions of laws, regulations and policies of the state on land administration, and the Opinions of the Fujian Provincial Party Committee and the People's Government of Fujian Province on Further Promoting the Economical and Intensive Utilization of Land and Resources (Order No. 24 [2014], Fujian Provincial Party Committee), the following opinions on the administration of construction land in FJFTZ are hereby offered:
I. Basic Principles
In accordance with the deployment of the provincial party committee and the provincial government, closely centering on the strategic requirements of basing on Taiwan and mainland, facing the world, and serving the whole country, and adhering to the core of innovation in systems and mechanisms, the new models and new experience for the administration of construction land in FJFTZ shall be actively explored, and focus shall be put on improving the efficiency of land utilization in FJFTZ. The land utilization in FJFTZ shall adhere to the following principles:
(1) Principle of industry leading. According to the industry types and characteristics in FJFTZ, a comprehensive consideration of regional land use environment, industry development, infrastructures and other factors shall be taken; layout of land use shall be planned in a reasonable manner; functional zones shall be divided in a scientific manner; and the proportions and structures of land used in construction projects with different functions shall be determined in a reasonable manner, so as to promote the adjustment and upgrading of the industrial structure.
(2) Principle of planning and guidance. Under the premise of complying with planning, safety, environmental protection, health and other requirements, the opinions of the adjacent land use entities shall be taken into account; and, under the premise of meeting the requirements of the Table of Appropriate Construction Ranges of Various Construction Landin the Guidelines for Preparation of the Detailed UrbanControl Plans in Fujian Province (for Trial Implementation), the mixed utilization of land for different purposes and compound usage of different architectural functions as planned shall be encouraged.
(3) Principle of intensive utilization. The overall plans for the scale, structure, layout and development intensity of regional comprehensive land shall be made in an scientific manner; industrial and urban integration, optimized layout and transformation and development shall be promoted; regional quality shall be improved; and the level of economical and intensive utilization of regional land shall be improved.
II. Planning Administration
The arrangements for the construction land in FJFTZ shall take a comprehensive consideration of the spatial layout, industrial integration, architectural compatibility, traffic environment and other factors, and the planning control requirements before the supply of construction land shall be clarified from such perspectives asfunction zoning, use compatibility, public supporting facilities and overall quality.
1. Where the detailed control plans for FJFTZ involve comprehensive land, the planning control requirements thereof shall be as follows:
(1) Functional zones shall be divided in a reasonable manner by consideration of the status quo development conditions and the overall vision of regional development. The dominant functions and the overall control quotas of different functional zones shall be specified.
(2) The compatibility of the multiple uses of a land lot shall be encouraged. Where the land is used for two or more purposes, such factors as spatial layout, industrial integration, architectural compatibility and traffic environment shall be taken into a comprehensive consideration, the function guide requirements for comprehensive land in FJFTZ shall be put forward, and the planed use types and proportions, among others, of the land allowed to be mixed to comprehensive land shall be specified.
(3) The research on regional supporting infrastructures, public service, open space, and underground space development and utilization, among others, shall be strengthened; and the supporting requirements for all kinds of public management and public service facilities, road and traffic facilities, public facilities, public open space, and underground space development and utilization, among others, shall be specified.
(4) The research on urban design shall be strengthened; the overall quality of FJFTZ shall be improved; and resource conservation and environmental friendliness shall be promoted.
2. Before the supply of the land for a construction project, the administrative authority in FJFTZ shall consult with the competent planning department about the planning conditions. The competent department of urban and rural planning shall, on the basis of detailed control plans and in consideration of investment attraction situation, functional layout requirements and the opinions of the relevant entities, determine in a reasonable manner the nature, plot ratio and other planning conditions of the construction land under the premise of meeting the relevant control requirements for work safety, environmental protection, and land for facilities with public-welfare nature, among others. Where comprehensive uses are involved, the specific proportions of the construction areas of dominant land, compatible land and land for other purposes shall be clearly planned, and land classification shall be specified to medium and small-type codes of land classification.
III. Land Use Guarantee
Priority shall be given to guaranteeing the land used for public administration, infrastructures and various industries within the scope of FJFTZ.
1. Priority shall be given to resolution of land use quota, supplementary cultivated land quota and quota linked to the increase or decrease of construction land.
(1) The construction projects in FJFTZ may use the quotas of the state land for construction as required. In addition, the province shall make overall arrangements for guaranteeing the quotas of land for provincial key projects, and the governments of all districted cities or the management committee of Pingtan Comprehensive Experimental Zone shall give priority to arranging quotas of land for other projects out of the annual land use quotas disintegrated and assigned by the province. If land use quotas are insufficient, an application may be filed, and the province shall make an overall arrangement. For land for an important cooperation project between Fujian Province and Taiwan, an applicant shall strive to apply for adding special planned quotas. Where marine land reclamation is involved in FJFTZ, quotas for marine land reclamation shall be used under the premise of complying with the overall plans for marine function zoning and land utilization.
(2) Where a large infrastructure project in FJFTZ occupies a large area of arable land, and it is temporarily difficult for the locality to make arrangements for replenishing arable land to achieve the balance between the occupation and the replenishment of arable land, upon application of the local government and verification of the Department of Land and Resources of Fujian Province, the arrangements for the turnover of supplementary arable land quotas from the provincial arable land quota repository shall be made first, and occupation-replenishment linkup shall be implemented by all localities themselves, and the quotas turned over shall be returned within one year.
(3) Where no quota linked to the increase or decrease of construction land can be purchased through allocation temporarily for any construction project that shall use the quotas linked to the increase or decrease of construction land as required within FJFTZ, the project shall undergo the approval formalities for land use first after the government of a city or county (district) or the management committee in charge of reporting the transformation of agricultural land into the construction landand land acquisition for approval provides a commitment, and replenishment shall be made after the quotas are purchased.
2. The formalities for preliminary review of construction land within FJFTZ shall be simplified, and land use approval efficiency shall be further improved, so as to promote project development and construction.
(1) Where the land for profit-oriented projects is assigned by means of bidding, auction, or listing, the examination thereof shall be conducted on the basis of the preliminary review contents before parcel transfer programs are developed, and no separate preliminary review opinions on land use will be issued. Where reconstruction or expansion is conducted within the scope of construction land that has been approved, and no increase of construction land is involved, if all the construction projects concerned, excluding those reported to the Ministry of Land and Resources for approval, use sea areas, it is not required to undergo the formalities for preliminary review of construction projects.
(2) The approval and review process for land use shall be improved and optimized, and paralleled or combined review shall be conducted, so as to accelerate the approval of land use. Where the land for construction projects within FJFTZ involvestransformation of agricultural land into the construction land or land acquisition, the relevant application materials shall be prepared and submitted for approval separately, and the land supply ratios thereof shall not be assessed. Where the application materials are incomplete or fail to meet the relevant requirements, the applicants shall be informed of the materials and contents that need to be supplemented and corrected at one time during the online trial of the land use application cases. Geological hazard risk assessment reports, recordation and approval documents for covered minerals, and the standardsubdivision maps of status quo of use of the land to be occupied in the previous years and other materials will no longer be prepared and submitted to the Department of Land and Resources of Fujian Province, and shall change to be examined and archived by the departments of land and resources of cities and districts.
(3) Where the overall geological hazard risk assessment has been conducted in the area where FJFTZ is located, no repetitive geological hazard risk evaluation will be conducted for the specific projects within the scope of land use.
IV. Land Supply
The supply of construction land in FJFTZ shall follow the principles of fairness, impartiality, and openness. Where a construction project is qualified for being included in the Catalogue of Assigned Land, the land may be supplied by means of administrative allotment; where the land needs to be used by a paid way according to any law or regulation, the land shall be supplied by transfer through lease, bidding, auction, or listingor transfer by agreement.
1. Land supply by means of “combination of lease and transfer, lease before transfer, and long-term lease” shall be encouraged, andelastic transfer of land for industrial projects in FJFTZ within the statutory maximum term oftransfer shall be encouraged by shortening the term oftransfer, among others. Land shall be leased by means of bidding, auction, or listing after the lease term, construction cycle, tax revenue and other relevant conditions are determined. After the term of lease expires, if any project satisfies the conditions as agreed in the lease contract, upon application of the land use entity, the lease may be renewed, or the land may be supplied by means of agreement-based transfer. Where land is supplied by means of combination of lease and transfer, lease before transfer, or long-term lease, the lessee may construct permanent buildings during the lease term as agreed in the contract.
2. Multi-purpose comprehensive land, that is, the single parcel used for two or more purposes, and required to be supplied by allocation, transfer or any other means under the relevant provisions, shall be governed by the following provisions:
(1) The profit-oriented landprimarily for commercial and official uses, among others, shall be supplied by means of public bidding, auction,or listing.
(2) Of the land primarily used for enterprise headquarters, the land for production headquarters projects may be supplied by transfer through listing for belt industry projects, and land used for business management headquarters and research and development headquarters projects shall be supplied by means of public bidding, auction, or listing.
(3) Of the land primarily used as industrial land, the industrial land for industrial projects may be supplied by transfer through listing for belt industry projects, and industrial land for standard workshops shall be supplied by means of public bidding, auction, or listing.
(4) Of the land primarily used forstorage and logistics, the land for industrial storage and logistics projects may be supplied by transfer through listing for belt industry projects, and land for commercial storage and logistics projects shall be supplied by means of public bidding, auction, or listing.
3. The maximum duration of transfer and lease shall be calculated separately by project uses and ways of land supply, among others, as follows:
(1) The maximum duration of transfer of newly-increased industrial landand land used for industrialstorage and logistics projects shall be determined as 20 years, and that of land used for major industrial projects and strategic emerging industrial projects of the state and Fujian province shall be determined as 50 years after such land is affirmed under the relevant provisions and procedures.
(2) The maximum duration of transfer of the land for enterprise production headquarters projects and enterprise research and development headquarters projects shall be determined as 50 years, and that of the land for enterprise commercial storage and business management headquarters projects shall be determined as 40 years.
(3) Where industrial land is supplied by means of combination of lease and transfer, lease before transfer, or long-term lease, the maximum total duration of lease, transfer or transfer shall be 20 years, and that of long-term lease shall be 20 years.
4. The base price (base bid price or base price, here and below) for transfer of land for a construction project in FJFTZ shall be evaluated by the eligible evaluation institution as entrusted by the administrative department of land and resources in the area where FJFTZ is located, and be determined in a comprehensive manner uponcollective decision on the basis of professional evaluation results and in consideration of industrial policies, land market situation and other factors.
(1) Where the local government at the municiple or country level does not refer to the industrial project name (industry type) as listed by FJFTZ when issuing the base land price, the minimum price fortransfer of the land use right or agreement-based transferprice shall be determined by reference to the evaluation results of the industrial project close or similar to the industry project in terms of nature and business format and the land uses. The specific matters may be governed by the Classified Catalogue for the Administration of the Land for Several Industrial Projects (2013 version) issued by the Department of Land and Resources of Fujian Province (No. 378 [2013], Department of Land and Resources of Fujian Province).
(2) The base price for transfer of multi-purpose comprehensive land shall be determined respectively according to the following types:
(a) Where land is supplied by means of agreement-based transfer, the base price for transfer shall be not lower than 70% of the sum of the benchmark land prices corresponding to various uses of the comprehensive land multiplied by their respective proportions.
(b) Where land is supplied by means of bidding, auction, or listing, the base price for transfer shall be not lower than the sum of the benchmark land prices corresponding to various uses of the comprehensive land multiplied by their respective proportions.
(3) Where land is supplied by means of lease, the minimum annual rental standards shall be set by the municipal government or management committee in the area where FJFTZ is located by reference to the standards for land-transferring fees of the same level and used for same purposes and in consideration of duration of lease, market conditions and other factors, and adjusted on a regular basis.
V. Efficiency Improvement by Transformation
The administrative authority in FJFTZ shall clean up idle land, effectively utilize stock construction land, and promote projects' being put into production in FJFTZ as soon as possible and the transformation and upgrading of backward industries by means of secondary investment attraction for projects, land replacement, or transformation of “old towns, old factories, and old villages,” among others. Differentiated administration policies for transfer of land shall be allowed to be implemented in FJFTZ, and enterprises shall be encouraged to achieve transformation and upgrading on the original construction land, and transform to develop emerging industries, creative industries, production service industry, modern logistics industry and other industries.
1. Where the transformation of original stock construction land into any other industry involves the change of land use, plot ratio or any other planning condition, such transformation shall be reported as required to the original approval authority for urban and rural planning and land use, a new land transfer contract shall be concluded, and the unpaid land-transferring fees shall be made up upon evaluation.
2. Where the original industrial land is transformed and used to develop any other industrial project, the following provisions shall be implemented according to different industry types:
(1) Where the land is transformed into that used for any enterprise production headquarters project, and the increase of plot ratio is involved, the land price will not be increased, but the land, houses above the ground and other buildings may only be used by the enterprise but cannot be transferred by the enterprise.
(2) Where the land is transformed into that used for education, medical care or any other public welfare industrial project, the house property thereon may not be partitioned or transferred.
(3) Where stock industrial land is utilized for developing apartment-style office buildings and commercial residential buildings, the land reserve institution under the local government shall store such land away in a uniform manner, and assign it by bidding, auction, or listing under the relevant provisions.
The general provisions of the current land policies and regulations of the state and Fujian province shall apply to the land administration matters not covered in these Opinions.