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Measures for the Disposal of Idle Land amended at the First working meeting of the Ministry of Land and Resources
released by£ºadmin Time£º2012-9-6 15:16:48 Read£º3553Time

Measures for the Disposal of Idle Land
 
By Ministry of Land and Resources
Promulgation time 2012-06-01
 
Measures for the Disposal of Idle Land amended at the First working meeting of the Ministry of Land and Resources on 22nd May, 2012
Effect on 1st July, 2012.
 
The purpose of the amendment is to solve the new situation occurring in the process of the implementation of the original measures. For example, the disposal of idle land concerns the property rights of the parties, but the current method of disposal lacks the procedure of negotiation. The identification of idle land lacks corresponding procedural provision and needs further stipulation. A large proportion of idle land is caused by acts of government, which needs to be appropriately disposed.
 
The revised measures clarify the definition of ‘idle land’ as any State-owned land for construction use, of which the holder of the land use right fails to start the construction and development thereof within one year after the commencement date of the construction and development work as agreed upon and prescribed in the contract for fee-based use of State-owned land for construction use, or the decision on allocation of State-owned land for construction use. The measures also enumerate other situations which may be regarded as idle land.
 
Sometimes, it is difficult for the land user to start the construction in the prescribed period due to some external reasons. Therefore, the revised measures explicitly stipulate several exceptional situations of the idle land. The revised measures distinguish the causing of idleness into government’s and enterprise’s land and clarify that idleness caused by governmental act, which includes delivery delay, plan amendment, policy modification, military control, should be disposed in the way of negotiation.
 
The revised measures emphasize the equal status of government and the land user. The amendment acts to: increase the method of identifying the idle land, perfect the procedure of collecting charges and taking back the right of usage, clarify the land users’ right to request for a hearing, apply for administrative review or to institute administrative proceedings. Besides, the amendment increases the liability of the competent department in daily supervising, investigating and disposing of idle land.
 
Furthermore, the amendment adopts some new measures to promote the effective use of the idle land, such clarifying the system of reporting progress on the construction and to tightening the screws on the application of land use and the idle land registration.
 
 
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