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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 Construction Land Approval

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.

Administrative Regulations: Article 22 (iii) of the Regulations on the Implementation of the Land Administration Law of the People’s Republic of China provides for: After the land supply plan is approved, the people’s government at the municipal and county level shall issue the Approval of Construction Land to the construction unit

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: If construction projects are approved to use State-owned land, the people’s government at the municipal, district or county level shall issue the Approval of Construction Land to the construction unit

Departmental Regulations: Notice of the State Land Administration Bureau on Formal Use of Approval of Construction Land

II. Scope of Application

Applicable for the application and acceptance of verified and supplemented issuance of the Approval of 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 and allocation decision (for allocated land)

Copy

1

in JPG format

or related

 

3

Assignment contract and vouchers of payment of revenues from land (assigned land)

Copy

1

in JPG format

 

4

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

Copy

1

in JPG format

 

5

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

Copy

1

in JPG format

 

6

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

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. 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.

(II) Change as per application

Changes 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