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Hainan Land Managment Measures (2)
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:13705

 

 @@ Article 26. To transfer or assign land use rights, the transferee
shall register  or register the changes with the local State Land
Bureau and shall obtain  a  Land  Use Certificate. If land use
rights are mortgaged, the mortgagee  bank of financial institution
shall register with the State Land bureau.  An  act of transfer,
assignment or mortgage which is not registered shall be deemed to be
illegal and shall not be entitled to legal protection.
 @@  Article  27.  A  transferee  shall pay contract tax after
acquiring land use rights.
 It  the  value  of  land  which undergoes compensatory transfer
assignment increases  during  usage  or assignment, the user unit or
assignor shall pay value-added tax on the land.
Tax collection measures shall be prescribed in separate legislation.
  @@  Article  28.  The  people's governments of Hainan, the
municipalities and counties shall establish separate land development
construction funds.
 A  land  development  construction  fund shall include government
collected  land  payments  on  the  compensatory  transfer  and
assignment of land use rights, value-added tax on land and land use
fees.
CHAPTER V ADMINISTRATION OF LAND FOR CONSTRUCTION USE
 @@  Article 29. Land for construction use shall include land for
use in State  construction,  land for use in urban and township
collective  enterprise   construction,   land   for  use  by
enterprises  with foreign investment, land for use in township and
village collective construction and  land  for use by individual
urban and township residents for housing construction.
 @@  Article  30. With the exception of land for use in township and
village collective  construction and by rural individuals for housing
construction, all  other land for construction use shall be subject
to the compensatory transfer or assignment of land use rights. If
collectively owned land is required  to  be  occupied under the
compensatory  transfer  system,  the government  shall  undertake
uniform  expropriation  in accordance with the land use plans and land
development plans.
 Land  which is approved by the government for expropriation shall
become  State  owned  land after the completion of expropriation
procedures.
 @@  Article  31. The scope of authority for examination and approval
of land for expropriation shall be as follows:
  People's  governments  at  county  level  (including tongshen
municipality) may approve  cultivated  land  (including  paddy
fields,  vegetable plots, non-irrigated farmland, garden plots and
fish ponds-similarly throughout these Measures) of three mu* or less
in area and other land 10 mu or less in area.
 The  people's  governments of Haikou and Sanya Municipalities may
approve cultivated  land of 15 mu or less in area and other land of 30
mu to less in area.
 Areas  of land in excess of the above quotas shall be reported to the
Hainan People's  Government  in  accordance  with  the  prescibed
examination and approval procedures.
 @@  Article  32.  If collectively owned land is expropriated, the
State Land Bureau  shall  represent  the  State in signing an
agreement  for the expropriation of land with the unit from which the
land is expropriated and compensation for the land, compensation for
immature  crop,  compensation  for  fixtures  on the land and a
resettlement subsidy shall be paid in accordance with regulations.
1. Compensation for land:
 (1) If paddy fields are expropriated, compensation shall equal six
times the  value  of the annual average output of the land over the
previous three years. If vegetable plots, non-irrigated farmland,
garden plots or fish ponds  are expropriated, compensation shall
equal five times the value of the annual average output of the land
over the previous three years.
 (2)  If  a garden plot which has already been planted but has yet to
provide any  income  is  expropriated, compensation shall be paid on
the basis of an amount between three and four times the value of the
annual average output over the previous three years of adjacent
garden plots growing similar crops.
 (3)  If timber forests and commercial forests are expropriated,
compensation shall be paid on the basis of an amount between five
and ten times the value of the annual average output of the forest land.
 (4)  If  other  land is expropriated, compensation of no more than
half the annual average output of local non-irrigated land over the
previous three years shall be paid.
2. Compensation for Immature Crops:
 Compensation  for  a short-term crop shall be made on the basis of
its one time output value. Appropriate compensation for a perennial
crop shall be m

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