tel

Home > Land Planning

Notice of the China (Shanghai) Pilot Free Trade Zone on the Examination and Approval of the State-Owned Land Allocation

en.china-shftz.gov.cn Updated: 2018-07-10

The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.

I. Operation Basis

Laws: Article 53 of the Land Administration Law of the People’s Republic of China provides for: Whereas a construction project approved needs land owned by the State for construction purposes, the construction unit should file an application with the land administrative department of the people's government at and above the county level with the power of approval on the strength of related documents required by law and administrative decrees. The land administrative department shall examine the application and submit it to the people's government at the same level for approval. Article 54 stipulates: A paid lease should be adopted in use of land owned by the State by a construction unit. But the following land may be obtained through government allocation with the approval of the people's governments at and above the county level according to law:1. Land for use by government organs and for military use;2. Land for building urban infrastructure and for public welfare undertakings;3. Land for building energy, communications and water conservancy and other infrastructure projects supported by the State.4. Other land as provided for by the law and administrative decrees.

Administrative Regulations: Article 22 of the Regulations on the Implementation of the Land Administration Law of the People’s Republic of China provides: The construction unit shall file the construction land application with the land administration department of the people’s government at the city and county level that is responsible for review and drafting of plans on supply of land and submitting it to the people’s government at the city and county level for approval; if the people’s government at a higher level is required, it is required to submit it to the people’s government at a higher level for approval.

Local Regulations: Article 26 of the Measures of Shanghai for Implementation of the Land Administration Law of the People’s Republic of China sets forth: As for use of existing construction land or use of new construction land as approved by the State Council, in addition to review by the municipal land administration authority and drafting of the land supply plan and submission to the municipal people’s government for review and approval, the land administration authority at the district or county level shall conduct its review and draft a land supply plan and submit it to the people’s government at the district or county level, and put it on record at the municipal land administration authority.

Departmental Regulations: full text of the Catalogue of Allocated Land as issued by the Ministry of Land and Resources

II. Scope of Application

Applicable for application and acceptance of approval of allocation of the State-owned land in this city, and its review and licensing decision, submission and disclosure

 

III. Required Materials

No.

Description of materials to be submitted

Original/photocopy

Qty.

Paper/electronic copy

Requirements

1

Application for approval of administrative affairs

Original

1

Database

 

2

Application for matters relating to approval of the land

Original

1

in JPG format

 

3

Business License or legal person code certificate of the construction unit

Copy

1

in JPG format

 

4

Approval, verification or filing opinions of the investment department

Original

1

in JPG format

 

5

Notice on the License for Planning of Construction Land and attached drawing (notify the office, after receiving it, to forward it to the license office)

Original

1

in JPG format

 

6

Report on investigation of house ownership certificate (surveying boundary map attached)

Original

1

in JPG format

 

7

Cadastral map

Original

4

 

 

8

Reply to the solicitation opinions of the people’s government at the county level where the land is located (municipal approved projects)

Original

1

in JPG format

 

9

Opinions on pre-approval of construction land in Shanghai

Original

1

In JPG format or related

 

10

Original land approval (contract for right to use the state-owned construction land)

Copy

1

in JPG format

 

11

Instructions on original ownership or copy of the ownership certificate

Original

1

in JPG format

 

12

Agreement for or opinions on arrangement of compensation for demolition between the construction unit and the previous land use unit

Copy

1

in JPG format

 

13

“Vacant” assignment contract and attached drawings (“vacant” land)

Copy

1

in JPG format

 

14

Approval of disposal of land assets by the authority at a higher level (“vacant” land)

Original

1

in JPG format

 

 

IV. Application Process

(i) New Handling

1. Acceptance Procedures:

Accepted by the window to verify whether the submitted materials are complete

2. Acceptance Procedures:

The application for approval of land is handled according to the applicable regulations.

If relevant provisions are complied with, the licensing department may handle it directly and complete it within 20 working days.

 

V. Application Location and Contact Information

Room 1713, No. 9 Jilong Road, Pudong New Area, Shanghai

Post Code: 200131

Contact: Song Yuele

Contact Tel.: +86-21-58697735

Fax: +86-21-58697739

 

VI. Complaint Mode

Mode of Complaint to the Management Committee of the China (Shanghai) Pilot Free Trade Zone

Tel.: +86-21-58697800

Fax: +86-21-58698705

E-mail: ftzts@pudong.gov.cn

Provided by Lawyers Working Committee of Pudong New Area