What is Land Banking?

Land reserve refers to the people's governments at all levels in accordance with legal procedures within the scope of approval, to store or pre-development land for land acquired through land acquisition, acquisition, requisition or other means, and provide various types of construction land to the community the behavior of.

Land bank

The concept of land reserve comes from Land Banking abroad. Similar expressions include Land Bank, Land Storage, and Land Reserve. In 1896, the land reserve system was implemented in the Netherlands for the first time, and the land reserve was then extended to European countries such as Sweden, Norway, Denmark, the United Kingdom, and France, and Australia, Canada, New York and Hawaii, Malaysia, South Korea, Taiwan, Hong Kong and other countries. And regions have also carried out land reserves. After a century of development, the land reserves of some countries have formed a more mature operating mechanism. Foreign and Hong Kong and Taiwan scholars have conducted in-depth research on land reserves, and their understanding of the concept of land reserves is basically the same: that is, the government or public institutions obtain land in advance to reserve for timely supply of the market, thereby achieving public policy goals and curbing speculation. The purpose of stable land prices. China's land bank appeared in the mid-to-late 1990s and has only a history of more than ten years. Its development time is short and its operating mechanism is still immature. However, with the widespread promotion of land reserve work in mainland China, public awareness of the concept of land reserve has also deepened.

Prior to the establishment of a standardized and unified land reserve mechanism in mainland China, there was no relatively consistent concept of land reserve. Many cities have issued relevant documents and local regulations to define land reserve behavior and standardize land reserve processes. Although the definition of land reserve is generally the same everywhere, there are still differences in many aspects, mainly reflected in the land reserve subject and land reserve. The definition of work links is different. For example, the "Trial Measures for the Acquisition, Reserve and Transfer of State-owned Land Use Rights in Shanghai" issued by Shanghai in 1997 states: "The so-called acquisition refers to the expropriation by the Shanghai Housing and Land Administration (hereinafter referred to as the Municipal Housing and Land Administration). Land, replacement of land, and recovery of state-owned land use rights; the so-called reserve refers to the municipal government's pre-development and storage of acquired and recovered land. "The main body of the acquisition is the Municipal Real Estate Bureau, and the main body of the reserve is Shanghai. Governments are implemented by land reserve agencies. The main links of land reserve are land acquisition, improvement and storage. According to the relevant provisions of the Hangzhou Land Reserve Implementation Measures promulgated in 1999, the main body of Hangzhou land reserve is the land reserve institution, and the main links of land reserve are land acquisition, remediation, storage and advance transfer. The Beijing Municipal People's Government issued the "Notice on Strengthening the Management of State-owned Land Assets and Establishing a Land Reserve System" issued by the Beijing Municipal People's Government in 2002. It states that the main body of the land reserve is the Beijing Municipal Government. Remediation, storage and transfer.

(I) The contradiction between the scarcity of land resources and the growing economic needs of mankind is the fertile ground for the legal regulation of land reserves

Land is the material carrier for human beings to survive and develop, and is "the source of all production and all existence." However, as a natural resource, land is scarce. The so-called scarcity refers to a natural property that land cannot be regenerated due to its fixed location and limited area, and cannot be used by humans indefinitely. The scarcity of land is relative to the infinite needs of mankind. According to Western economics, the scarcity of a resource is due to its non-renewability.

Principles of legal operation

The principle of legal operation means that the operation of the land reserve system must comply with the laws and regulations in substance and form, and must not operate outside the laws and regulations. At present, due to the absence of uniform national laws and regulations, each local government that implements the land reserve system operates in accordance with local local regulations or local rules; many specific systems and operations are still out of order. , States that cannot be relied upon, such as the legal status and authority of the reserve center, the range of land included in the reserve, and the way of transferring the reserve land. Therefore, it is undoubtedly of great significance to speed up the legislation of the land reserve-related system to make it operate in an orderly manner within the scope of laws and regulations.

Resource optimization allocation principle

The construction of the legal system of land reserve must conform to the principle of optimal allocation of resources. The principle of optimal allocation of land resources refers to the rational and effective flow and allocation of land resources in all aspects of the production and reproduction process. China's socialist market economy is to make the market play a fundamental role in resource allocation under the state's macro-control. Since China implements the public ownership system of land ownership, what can be freely allocated in reality is land other property rights, that is, land use rights and property rights.

Theory of administrative action (compulsory theory)

The theory of administrative behavior holds that in the process of land reserve and acquisition, the government's behavior belongs to

(1) Failure of state-owned land users

Notice of the Ministry of Land and Resources, Ministry of Finance, People's Bank of China, China Banking Regulatory Commission on Printing and Distributing the Measures for the Administration of Land Reserves ^[1]

Provinces, autonomous regions, municipalities directly under the Central Government, sub-provincial cities in charge of land and resources, the Ministry of Finance (Bureau), Xinjiang Production and Construction Corps Land and Resources Bureau, Finance Bureau, People's Bank of China Shanghai headquarters, branches, business management departments, provincial capitals (capitals) Central Sub-branch, Sub-provincial City Central Sub-branch, Banking Regulatory Bureau of each province, autonomous region and municipality:

In order to strengthen and standardize the management of land reserves, the Ministry of Land and Resources, the Ministry of Finance, the People's Bank of China, and the China Banking Regulatory Commission jointly revised the Measures for the Management of Land Reserves in accordance with relevant laws and regulations and relevant documents of the State Council. Is now issued, please follow the implementation.

Ministry of Land and Resources Ministry of Finance People's Bank of China

China Banking Regulatory Commission

January 3, 2018

I. General requirements

(I) In order to implement the spirit of the 19th National Congress of the Communist Party of China, implement the requirements for strengthening the management of natural resource assets and prevent risks, further standardize land reserve management, strengthen the government's ability to regulate and secure the urban and rural construction land market, and promote the efficient use of land resources Allocation and reasonable utilization are based on the "Notice of the State Council on Strengthening the Management of State-owned Land Assets" (Guo Fa [2001] No. 15), the Notice of the State Council on Promoting Economical and Intensive Land Use (Guo Fa [2008] No. 3), Opinions on Strengthening the Management of Local Government Debts (Guo Fa [2014] No. 43) and the Notice of the General Office of the State Council on Regulating the Management of the Revenue and Expenditure of the Transfer of State-owned Land Use Rights (Guo Ban Fa [2006] No. 100), formulated these measures .

(2) Land reserve refers to the behavior of land and resources authorities at or above the county level to regulate land markets and promote the rational use of land resources, acquire land in accordance with law, and organize preliminary development and storage for supply. The land reserve work is under the unified management of the competent land and resources department, and the land reserve agency undertakes the specific implementation of the land reserve. The finance department is responsible for the supervision of land reserve funds and the formation of assets.

(3) The land reserve agency shall be an institution approved by the people's government at or above the county level, with independent legal personality, and in charge of the land and resources department under the administrative division where it is located, and undertaking land reserve work within its own jurisdiction. The competent department of land and resources shall implement the management of recording of names of land reserve agencies. The municipal and county-level land and resources department shall report the organization information that meets the requirements to the provincial land and resources department step by step. After reviewing the provincial land and resources department, they shall report to the Ministry of Land and Resources and be included in the list of national land reserve agencies. Update.

Reserve Plan

(4) Localities should prepare a three-year rolling plan for land reserves based on national economic and social development planning, land planning, overall land use planning, urban-rural planning, etc., and reasonably determine the scale of land reserves in the next three years. Resources, make overall arrangements in terms of total volume, structure, layout, timing, etc., and give priority to reserve construction land such as idle and inefficient use.

(5) All localities should reasonably formulate annual land reserve plans in accordance with the needs of urban construction and development and the regulation of the land market, combined with local social development planning, a three-year rolling plan for land reserves, annual land supply plans, and local government debt limits. The content of the annual land reserve plan should include:

1. Carry-over of reserve land at the end of the previous year (including the list of plots of land to be collected and stored at the end of the previous year and the land in the reserve);

2. Annual new reserve land plan (including the newly added land to be stored in the current year and the newly-stored reserve land size and parcel list);

3. The preliminary development plan of the annual reserve land (including the list of development sites in the previous period);

4. Annual reserve land supply plan (including list of plots to be supplied in the current year);

5. Annual reserve land temporary management plan;

6. Total annual land reserve funding requirements.

Among them, the land to be collected and stored refers to the land that has been included in the land reserve plan or approved by the people's government at or above the county level, and has started recovery, acquisition, and acquisition, but has not obtained complete property rights; Refers to the land that the land reserve agency has obtained complete property rights and included in the management of the reserve land bank.

(6) In the third quarter of each year, the competent department of land and resources shall, together with the financial department, organize the preparation of the land reserve plan for the next year, submit it to the provincial competent department of land and resources for the record, and report it to the people's government at the same level for approval. If it is really necessary to adjust the annual land reserve plan due to changes in land market control policies or inefficient land redevelopment, it may be adjusted once a year in the middle of the year, and filed and submitted for approval in accordance with the original approval procedures.

Third, the storage reserve standard

(7) Reserve land must conform to the overall land use planning and urban and rural planning. Land with pollution, heritage relics, mineral overburden, hidden dangers of floods, geological disasters, etc. shall not be put into the storage reserve until the relevant units have completed the verification, assessment and treatment in accordance with relevant regulations.

(8) The following land can be included in the reserve scope:

1. State-owned land recovered in accordance with law;

2. The acquired land;

3. Land acquired by exercising the right of first refusal;

4. The agricultural land conversion and acquisition approval procedures have been completed and land acquisition has been completed;

5. Other land acquired according to law.

The land reserved for storage must be land with clear property rights. The land reserve agency shall review the compliance of land acquisition methods and procedures, economic compensation, land rights (including usufructuary rights and security rights), etc., and shall not forcibly requisition land for storage and storage. Land that is not in compliance with the acquisition methods and procedures, inadequate compensation, unclear land ownership, and should go through the relevant real estate registration formalities but has not yet been processed.

(9) The compensation standard for land acquisition shall be negotiated by the land reserve agency and the land-use right holder based on the results of the land evaluation, and confirmed by the competent land and resources department and the financial department at the same level, or confirmed by other institutions required by local regulations.

(10) Before the reserve land is put into storage, the land reserve agency shall apply to the real estate registration agency for registration procedures. The type of use right for the reserve land registration is uniformly determined as "other (government reserve)", and the registered use should comply with the relevant laws and regulations.

Fourth, early development, management and supply

(11) The land reserve agency is responsible for clarifying the property rights of the land in the reserve and assessing the asset value of the land in the reserve.

(12) The land reserve agency shall organize the necessary preliminary development of the reserve land and provide the necessary guarantee for the government to supply the land.

The preliminary development of the reserved land should complete the road, water supply, power supply, gas supply, drainage, communication, fencing and other infrastructure construction in the land in accordance with the plan of the land, and carry out land leveling to meet the necessary "passing" Claim. Specific projects should be selected in accordance with relevant regulations, such as engineering survey, design, construction and supervision.

During the construction period of the preliminary development project, the land reserve agency shall supervise and manage the project. After the completion of the project, the land reserve agency shall organize the acceptance inspection or entrust a professional institution to conduct acceptance inspection in accordance with regulations, and report to the competent land and resources department of the country for the record in accordance with relevant regulations.

(13) The land reserve agency shall adopt the methods of self-management, entrustment, and temporary utilization of the land included in the reserve for management and protection; establish an inspection system to detect, stop, and prevent acts that infringe on the rights of the reserve land. deal with. The management and protection of the reserve land may be the responsibility of the internal organization of the land reserve agency, or the land reserve agency may select the management and protection unit in accordance with relevant regulations.

(14) Before the reserve land is not supplied, the land reserve agency may use the reserve land or the ground (structure) on the ground by means of lease or temporary use. Temporary use of reserved land generally does not exceed two years and cannot affect land supply. The temporary use of the reserved land shall be reported to the competent land and resources department at the same level for approval. Among them, if the temporary use of the reserved land in the urban planning area requires the construction (structure) of a building, the approval of the urban planning administrative department must be approved before construction of permanent buildings.

(15) After the preliminary development of the reserved land is completed and the supply conditions are met, it shall be included in the local city and county land supply plan, and the city and county land and resources department shall organize the land supply uniformly. Before supplying the issued reserve land, the real estate certificate and the real estate registration certificate shall be recovered and cancelled, and shall be cancelled in the real estate register.

V. Fund Management

16. The management of the income and expenditure of land reserve funds shall strictly implement the regulations of the Ministry of Finance and the Ministry of Land and Resources on the financial management of land reserve funds. Land reserve funds are allocated through government budgets.

(17) The land reserve institution shall use the land reserve funds strictly in accordance with the prescribed uses, and shall not misappropriate. The daily funds required by the land reserve institution shall be incorporated into the government budget, and shall be accounted for separately from the land reserve funds, and shall not be mixed with each other.

(18) The land reserve agency compiles the budget for the income and expenditure of the land reserve fund in accordance with the regulations, which is subject to review by the competent department of land and resources at the same level and submitted to the financial department at the same level for review and implementation. At the end of the year, the land reserve agency reports the final accounts of the land reserve funds to the financial department at the same level, which shall be reviewed by the financial department at the same level or carried out by a relevant intermediary agency such as a good credibility and high practice quality designated by the financial department at the same level Review.

(19) The land reserve fund shall establish a performance evaluation system, and the results of the performance evaluation shall be used as the basis for the fiscal department to arrange the annual budget of the land reserve fund income and expenditure.

(20) The land bond special bond fund management shall implement the provisions of the Ministry of Finance and the Ministry of Land and Resources on the local government land reserve special bond management.

Six, supervision responsibility

(21) Information-based supervision. The Ministry of Land and Resources uses the land reserve monitoring and supervision system to monitor and supervise the business development of land reserve agencies.

Institutions listed in the national land reserve agency list shall fill in the relevant information such as reserve land, available reserve land, reserve land asset stocks and increments, reserve fund income and expenditure, and special land reserve bonds in the land reserve monitoring and supervision system as required. Accept The competent authority supervises and manages. The land reserve agency shall carry out its work in accordance with relevant laws and regulations and regulatory documents. Violations of relevant requirements will be given a warning until it exits the list.

(22) Supervision of division of labor. The competent land and resources departments and financial departments at all levels should cooperate with each other in accordance with the division of responsibilities to ensure the smooth development of land reserve work.

Municipal and county-level departments of land and resources shall formulate relevant management measures, supervise land reserve agencies, business operations, asset management, and use of funds, conduct periodic assessments, and strengthen management and guidance of land reserve agencies; timely approval of uploading land reserve agencies to monitoring land reserves Supervise the information in the system, review and adjust the land reserve plan and capital requirements, and cooperate with the financial department to do a good job of the land reserve special bond quota management and issuance.

Provincial departments of land and resources are responsible for formulating the land reserve supervision system in their own jurisdictions, providing policies and business guidance for land reserve operations, supervising the operation of land reserve institutions and local land reserve operations, reviewing the list of land reserve institutions, the size of land reserves, The demand for funds and special bonds will assist the financial department to do a good job of allocating and issuing land reserve special bonds.

The financial department is responsible for reviewing the budget and final accounts of the land reserve funds, supervising and managing the payment and collection of funds, the issuance of special land reserve bonds, and repayment of principal and interest.

(23) The competent land and resources departments at all levels, the financial departments, the branches of the People's Bank of China, and the banking supervision and management department shall establish a joint supervision mechanism that is in line with the actual local conditions. Supervise and guide reserve land, assets, funds, and special bonds in accordance with the division of responsibilities.

7. Other requirements

(24) The competent departments of land and resources of provinces, autonomous regions, municipalities directly under the Central Government, and cities with separate plans may, in accordance with the provisions of these Measures and in accordance with local conditions, formulate specific implementation measures in conjunction with local financial departments at the same level, the People's Bank of China and the banking supervision and management department.

(25) The interpretation of these Measures is the responsibility of the Ministry of Land and Resources in conjunction with the Ministry of Finance, the People's Bank of China and the China Banking Regulatory Commission.

(26) These Measures shall be implemented from the date of promulgation and shall be valid for 5 years. The Circular of the Ministry of Land and Resources and the Ministry of Finance of the People's Bank of China on Printing and Distributing the Measures for the Administration of Land Reserves (Guo Tu Zi Fa [2007] No. 277) was repealed simultaneously.