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Regulations of the Shenzhen Special Economic Zone
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1988.01.03
GUANGDONG PROVINCE
REGULATIONS OF THE SHENZHEN SPECIAL ECONOMIC ZONE ON LAND MANAGEMENT
 (Adopted  December 29, 1987 at the 30th Session of the Standing
Committee of the  6th  Guangdong  Provincial People's Congress and
promulgated January 3, 1988 by the Guangdong Provincial People's
Congress)
CONTENTS
CHAPTER I GENERAL PRINCIPLES
CHAPTER II COMPENSATORY USE OF LAND
CHAPTER III COMPENSATORY ASSIGNMENT OF LAND RIGHTS
CHAPTER IV LAND ADMINISTRATION
CHAPTER V LEGAL LIABILITY
CHAPTER VI SUPPLEMENTARY PRINCIPLES
CHAPTER I GENERAL PRINCIPLES
 @@  Article  1. These Regulations are formulated in accordance with
the Law of  the People's Republic of China on Land Management and
other relevant laws in order to improve the management of land in
the Shenzhen Special Economic  Zone (hereinafter referred to as the
Special Zone), to exploit the resources of the land and to implement
rational utilisation of the land.
 @@  Article  2.  The  Special  Zone  shall practice a system of
compensatory usage and compensatory assignment of State owned land.
 The  State  shall  safeguard the rights of a land user unit or
individual to use  a piece of land and shall safeguard its rights
to earnings from the land. A land user unit or individual shall
be  responsible  for  the protection, management and rational use of
land allocated for its usage.
 @@  Article  3.  The  Shenzhen  Municipal  People's  Government
(hereinafter referred  to  as the Municipal Government) shall be
responsible for the uniform  management  of  all areas of land,
mineral  reserves, waterways, mountain  forest  and other natural
resources in the Special Zone which have been developed or are awaiting
development.
 Any  unit or individual which wishes to use land shall apply
to the Municipal Government and, for a fee, shall receive land use
rights for a stipulated duration and shall be issued with a Land
Use Certificate for State Owned Land.
 @@  Article  4.  A land user unit or individual shall only have the
right of use of its allotted piece of State owned land and shall not
be authorised to alter the purpose of usage of the land without
approval.
 @@  Article  5.  The Municipal Government may, in line with public
interest requirements,  expropriate land in accordance with legal
provisions. If collectively  owned land is expropriated, the various
items of compensation and  resettlement subsidies shall be handled
in  accordance with the provisions  of  Implementing  Measures of
Guangdong Province on Land Management.
 @@  Article  6.  The Shenzhen Municipal Bureau for State Owned Land
shall be the  functionary  organ of the Municipal Government in
charge  of  the administration  of urban and rural land within the
administrative boundaries of  the  Municipality,  and shall be
responsible  for  organising  the implementation and supervision of
State and provincial land management laws and statutory regulations.
 @@  Article  7. Income from the charged transfer of land use
rights (hereinafter referred to as land use charges), land use fees
and for the assignment  of  land  use  rights  shall be used to
establish  a  Special  Zone  land  development fund. This fund,
administered by the Municipal Government, shall be used to develop
and safeguard land and shall not be diverted to any other purpose.
Measures to administer the usage of the land development fund shall be
formulated by the Municipal Government.
CHAPTER II COMPENSATORY USE OF LAND
 @@  Article  8.  Land  use  rights  for State owned land in the
Special Zone shall  be handled under a Municipal Government monopoly
and a uniform system of charged transfers of land use rights shall be
implemented.
 @@  Article  9.  The Municipal Government may organise the charged
transfer of land use rights for State owned land in the following ways:
(1) Through an agreement;
(2) Tender; or
(3) Public auction.
 The  Municipal  Government shall formulate procedures and measures
for the transfer of land use rights.
 @@  Article  10.  A transferee shall sign a land use contract
with the Municipal  Bureau for State Owned Land in which the rights
and obligations of both parties are clearly defined.
 After  the  transferee  has  paid the land use charge in full, the
Municipal Bureau  for State Owned Land shall immediately issue a Land
Use Certificate for State Owned Land and confirm the rights of usage.
 @@  Article  11.  If land use rights are transferred through an
agreement or by  tender,  the  transferee  shall pay the land use
charge to the Municipal Bureau for State Owned Land in accordance with
provisions on the time limit and method stipulated in the land
use contract.

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