Implementation
Measures of Shenzhen
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Municipality
on Requisition of Land
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(Promulgated
according to Decree No. 121 on August 21, 2002 and put into
force on October 1, 2002.)
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Chapter
I General Provisions
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Article 1 In
order to ensure the reasonable utilization of land resource and
well-off implementation of city
planning, protect legal rights
and interests of the party requisitioned of land, taking into
account
the specific conditions of this municipality, these
measures are hereby formulated in accordance with laws and
regulations.
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Article 2
These measures shall be applicable to those acts involving in
the requisition of land within the
jurisdiction areas of this
municipality after having been approved in advance.
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These
measures shall not be applicable to those acts involving in the
requisition of lands for reconstruction
of old villages and
small towns.
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Article 3
The Municipal Land Administrative Authority (hereinafter
referred to as the "Administrative Authority"
) shall take
charge in the work organizing and implementing requisition of
land, while its detached
office (hereinafter referred to as the
"Detached Office" ) shall take charge in the land requisition
work within its jurisdiction area.
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All
districts and town governments shall assist and cooperate with
the Administrative Authority
and its Detached Office to
requisition land within their respective jurisdiction areas.
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Chapter
II Compensation for Requisition of Land
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Article 4
The sum of compensation shall include compensation for lands,
settlement, seedlings, buildings
and other things adhering to
the buildings.
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The
standard for compensation fees as described in the preceding
paragraph shall be determined according
to the annex of these
measures, i.e. the Standard for Compensation of Requisition of
Land of Shenzhen
Municipality. The Municipal Government may
adjust the standard according to the development of the social
economy.
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Article 5 The
compensation for legal buildings and other things adhering to
the buildings and reasonable consistency
seedlings in the
requisition shall base on the original use of the land
requisitioned.
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In
case the party requisitioned of land violates Item (1) and (2)
of Article 11 of these measures,
such land requisition shall not
be sorted and counted, examined and measured, and compensated as
well.
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Article 6
The compensation for requisition of land shall be made in
currency.
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Article 7
The parties to the agreement of compensation and settlement
shall pay the compensation fees and
deliver the land, seedlings,
building and other things adhering to the building according to
the
agreement.
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Article 8
In the case that there is contractual relation between the unit
requisitioned of land and a third
party therein involving
compensations, such matters shall be negotiated and settled by
the aforesaid
parties.
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In
the case that the seedlings, buildings and their adhering
things, which are to be compensated,
belong to a third party,
the unit requisitioned of land shall deliver such money for
compensations
to the third party.
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Chapter
III Procedure for Requisition of Land
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Article 9
After being approved of land requisition, the Administrative
Authority or its Detached Office shall
make announcement to the
public in accordance with relevant documents of approval. The
period for
the announcement is 15 days.
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The
contents of the announcement shall include such matters as
location, scope and acreage of the
land requisitioned, time,
reason, gist of requisition, compensation for the requisition,
contact
information for negotiation of settlement and
requirements for the unit requisitioned of the land, etc..
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Article 10
After the promulgation of Announcement of Land Requisition, the
original use of the requisitioned
land shall be affirmed by the
administrative department in charge of agriculture, forestry and
fishery.
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Article 11 After
the promulgation of Announcement of Land Requisition, the
following acts shall not be carried
out in the requisitioned
land:
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(1)
Disposing of land or building, rebuilding, extending building or
doing fitment on the above-ground
building and things adhering
to the building;
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(2)
Engaging in those planting and breeding acts with a purpose of
increasing compensation fees
or settlement standard;
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(3)
Transferring of or mortgaging with rights and interests relevant
to the land or above-ground
building and things adhering to the
building; and
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(4)
Constituting or modifying tenancy relation.
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Article 12
After issuing the announcement, the Administrative Authority or
its Detached Office shall consign
a mapping institution to carry
out survey and demarcation on the scope of the land to be
requisitioned.
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Article 13
The Administrative Authority or its Detached Office may consign
a development and construction
unit to handle such specific
matters as compensation and settlement in the case of organizing
and
implementing the requisition of land.
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Article 14
The Administrative Authority or its Detached Office shall, after
issuing the announcement, check
and ratify the rights to the
land, seedlings, buildings and their adhering things on the land
to
be requisitioned therein affirming the owner and attribution
of the rights.
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Article 15
The personnel to sort and count of seedlings on the land
requisitioned shall include representatives
of rural
collectivity, the Administrative Authority or its Detached
Office and personnel consigned
by the authority and its Detached
Office.
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The
buildings and their adhering things to be compensated shall be
examined and measured by a mapping
institution according to
relevant state regulations and operation rules, the result of
the examination
and measurement shall be publicized after being
affirmed by the owner of the right.
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In
case the owner of the right refuses to affirm the result without
warrant, the Administrative
Authority or its Detached Office
shall take measures to preserve evidence and handle
notarization,
and publicize result of the notarization.
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Article 16 In
case there is not any objection to the results of sort and
count, examination and measurement,
and price evaluation of the
buildings by an evaluation institution after such results having
been
publicized for 15 days, the Detached Office shall study out
the plan for compensation according to the aforesaid
result and
the compensation standard stipulated in the annex of these
measures, and make an announcement
to the public after getting
the approval of the Administrative Authority. The period of the
announcement
shall be 15 days.
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Article 17
After the expiration of the period of the announcement of
compensation plan, the Administrative
Authority or its Detached
Office shall conclude an agreement of compensation and
settlement with
the party requisitioned of land.
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Article 18
In case there is any objection to the compensation plan and
therein an agreement of compensation
and settlement cannot be
concluded on schedule after the issuance of an announcement of
requisition
of land, the Administrative Authority or its
Detached Office shall make a written decision on compensation
and settlement, and apply for notarization on submission of the
compensation fees to a notarization
institution.
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Article 19 In
case the unit requisitioned of land objects to the compensation
and settlement, he may apply
for administrative reconsideration
within 60 days upon receiving the written decision or within 15
days in the case of filing a lawsuit to a people' s court.
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Article 20
Such matters as objecting to compensation plan and no agreement
of compensation and settlement
concluded shall not tamper with
the requisition of land.
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Chapter
IV Legal Liabilities
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Article 21
Anyone, who misappropriating or embezzling money or other
relevant money for compensation of land
requisition of any unit
requisitioned of land, shall be prosecuted for administrative
sanction,
or prosecuted for criminal liability in the case of
committing a crime.
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Article 22
Anyone, who threatening, intimidating, abusing or assaulting
personnel of the Administrative Authority
or its Detached Office
or the personnel consigned by them, obstructing the requisition
of land,
shall be given administrative sanction by the police or
prosecuted for criminal liability in case of committing
a crime.
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Article 23 Any
mapping and evaluation institution and their personnel, who
commits falsifications and irregularities
for favoritism, shall
bear civil liability or be prosecuted for criminal liability
according to
law in case it commits a crime.
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Article 24
Any personnel of the Administrative Authority or its detached
office or the personnel consigned
by them, who abuses of duty,
misuses of authority or practices irregular favoritism during
the
work on requisition of land, shall be given administrative
discipline by the Supervision Authority of the Municipal
Government or their work unit; in case it constitutes a crime,
he shall be prosecuted for criminal
liability according to law.
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Chapter
V Supplementary Provisions
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Article 25
In case there had been an agreement of compensation before the
implementation of these measures,
the original agreement shall
be applicable to such compensation.
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Article 26
In the case of requisition of collective land, the original
agricultural tax payable shall be reduced
or exempted according
to relevant rules.
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Article 27
The Transit Card for Cultivation and Card for Going to Sea
acquired by the party requisitioned
of land shall be reserved.
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Article 28
These measures shall take effect as of October 1, 2002.
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Article 29
The Interim Rules of Shenzhen Municipal People' s Government on
Compensation Standard for Requisition
of Oyster Field which
promulgated in 1987, Some Rules on Requisition of Land of
Shenzhen Special
Economic Zone and its annex which promulgated
in 1989 by the Municipal Government shall be abolished as of the
date these measures come into effect.
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