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Notice of the China (Shanghai) Pilot Free Trade Zone on the Examination and Approval of the Land Reserve Examination and 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.

Operation Basis

Laws: Land Administration Law of the People’s Republic of China.

Administrative Regulations: Regulations on the Implementation of the Land Administration Law of the People’s Republic of China.

Administrative Regulations: Article 6 of Chapter II (Plan and Management) of the Measures for Administration of Land Reserve provides that individual places shall reasonably determine the scale of the reserved land according to the needs of adjusting and controlling the land market, with reserved land in conformity with the planning, i.e. vacant and state-owned reserved construction land with low efficiency shall be first used.

Local Regulations: Measures of Shanghai for Implementation of the Land Administration Law of the People’s Republic of China.

Local Regulations: Article 6 (Reserved Scope) of the Measures of Shanghai for Land Reserve provides that the following land shall be integrated into the land reserve scope:

Land reclaimed from mudflats, upon passing the acceptance test;

Previously State-owned agricultural land that is to be converted into operating construction land;

Previously allotted State-owned land that is to be converted into operating construction land;

Previously rural collective ownership land to be assigned after legal expropriation;

Vacant State-owned land to be recovered by the land administration department according to law;

Other state-owned land to be reserved by the municipal government for execution of urban planning.

Normative Documents: Detailed Rules on Implementation of the Measures of Shanghai for Land Reserve

Scope of Application

Applicable for consulting, application, acceptance, written review, file check, collective review, decision, submission, filing, applied change, making-up of certificate and cancellation according to powers of the examination and approval of land reserve, and its written check, field inspection, good-faith archives and complaint as well as whistle-blowing.

Required Materials

No.

Description of materials to be submitted

Nature

Qty.

Electronic

Telegram

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

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

Original

1

in JPG format

5

Cadastral map

Original

4

6

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

 

7

Certificate of listing into annual reserve plan

Original

1

in JPG format

 

8

Previous License of Ownership of Real Estate (submitted during the purchase and reserve period)

Copy

1

in JPG format

 

9

Purchase and reserve agreement (submitted during the purchase and reserve period)

Copy

1

in JPG format

 

10

Established reply (in lieu of a feasibility research report) (submitted during the previous development)

Original

1

in JPG format

 

11

Notice on License for Planning of Construction Land and attached drawing (submitted during the previous development)

Original

1

in JPG format

 

12

“Vacant” assignment contract and attached drawings (“vacant” land) (submitted during the previous development)

Copy

1

in JPG format

 

13

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

Original

1

in JPG format

 

 

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 10 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

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

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