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Notice of the China (Shanghai) Pilot Free Trade Zone on the Examination and Approval of the Issuance and Re-Issuance of Allocation Decision

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 54 of the Land Administration Law of the People’s Republic of China provides for: 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 (iii) and Article 23 (iii) of the Regulations on the Implementation of the Land Administration Law of the People’s Republic of China provide for: In case of allocation of State-owned land, the administrative department of the people’s government at the municipal and county level shall verify and issue the Decision of Allocation of State-owned Land to land users.

Local Regulations: Article 33 of the Measures of Shanghai for Implementation of the Land Administration Law of the People’s Republic of China provides for: In case of use of the State-owned land by means of allocation, the administrative department of the people’s government at the municipal, district and county level shall verify and issue the Decision of Allocation of State-owned Land to land users.

Departmental Regulations: Article 2 of the Catalogue of Allocated Land as promulgated by the Ministry of Land and Resources provides for: As for construction land projects complying with this catalogue, the construction unit shall make an application, and after approval by the competent people’s government, the right to use the land can be provided by means of allocation.

Normative Documents: Article 1 of the Notice on Use of “Decision of Allocation of State-owned Land” of New Format and “Shanghai Contract for Assignment of Right to Use the State-owned Land” of New Format (HFDZY [2005] No. 589) provides for: As for project land for which the right to use the State-owned land is provided by means of allocation, after the land administration department in the city, district or county where the construction land is approved verifies and distributes the land use approval documents, the real estate bureau at the municipal, district and county level shall verify and issue the Decision of Allocation of State-owned Land to the construction land units according to the approved land supply authorities.

II. Scope of Application

Applicable for the application and acceptance of verified and supplemented issuance of the Decision of Allocation of State-owned Construction 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

Number of copies

Paper/electronic copy

Requirements

1

Application for approval of administrative affairs

Original

1

Database

 

2

Land use approval

Copy

1

in JPG format

 

3

Review by the municipal construction land affairs center of the signed opinions, and certificate of the social insurance department (expropriated land)

Copy

1

in JPG format

 

4

If there are structures on the land, the demolition license or the house moving certificate as issued by the real estate department (house reserved) shall be provided; or the agreement for compensation for demolition

Copy

1

in JPG format

 

5

Cadastral map

Original

2

 

 

6

Report on investigation of attribution of right to use the land of house (surveying and boundary) (to be provided for construction projects that cannot connect to land supply approval documents in the examination and approval system)

Copy

1

in JPG format

 

7

*Construction Project Planning License (to be submitted upon verification and issuance of decision on allocation of the right to use the underground land)

Copy

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. Handling 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.

(II) Change as per application

Change may be applied for in case of any of the following circumstances:

1. Change of materials submitted

2. Adjustment of land

3. Amendment of laws and regulations

(III) Extension

Relevant approvals shall continue to be effective

(IV) Making-up of certificates

None

(V) Cancellation as per application

In case of any of the following circumstances, the administrative authority making administrative license decisions or its administrative authority at a higher level may withdraw the administrative license according to the request of the interested persons or at its own discretion:

1. Employees of the administrative authority make their administrative license decision by misusing their powers and neglecting their duties

2. Making the administrative license decision by exceeding legal powers

3. Making the administrative license decision by violating legal procedures

4. Granting the administrative license to an applicant having no application qualification or not complying with legal conditions

5. If the licensee obtains the administrative license by improper means like cheating or bribery, the license shall be cancelled

(VI) Cancellation of Application

Cancellation may be applied for in case of any of the following circumstances:  

1. The legal person or other organization is terminated according to law

2. The administrative license can be cancelled or withdrawn according to law, or the administrative license may be revoked according to law

3. The administrative license granted cannot be implemented due to force majeure

(VII) Transfer

This administrative approval issue shall not be transferred

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