Yuefuban [2018] No.36
General Office of Guangdong Provincial People’s Government issued a document on supporting railway construction.
Notice of some policies and measures to promote comprehensive land development
People’s governments at the local level and listed, people’s governments of counties (cities, districts), departments and institutions directly under the provincial government:
"Several policies and measures on supporting railway construction and promoting comprehensive land development" have been agreed by the provincial people’s government and are hereby issued to you, please implement them conscientiously. Problems encountered in the implementation process, please report to the Provincial Department of Land and Resources and the Development and Reform Commission.
General Office of Guangdong Provincial People’s Government
August 17, 2018
On supporting railway construction and promoting comprehensive land development
Some policy measures of
In order to thoroughly study and implement Socialism with Chinese characteristics Thought of the Supreme Leader in the new era and the spirit of the 19th National Congress of the Communist Party of China, conscientiously implement the spirit of the important speech of the General Secretary of the Supreme Leader, unswervingly practice the new development concept, promote green development, advocate green lifestyles such as green travel, and accelerate the formation of the system of ecological civilization system, According to the deployment arrangement of Opinions of General Office of the State Council on Supporting Railway Construction and Implementing Comprehensive Land Development (No.37 [2014] of Guo Ban Fa) and Notice of Guangdong Provincial People’s Government on Printing and Distributing the Implementation Plan for Promoting the Supply-side Structural Reform of Infrastructure in Guangdong Province (No.70 [2017] of Guangdong Province), combined with the actual situation of our province, the railway (including national railway trunk lines, intercity, municipal, suburban and sparse) is now promoted.
First, to ensure the comprehensive development of land
(a) the people’s governments of cities and counties along the newly-built railway projects should actively support and guarantee the scale of land for comprehensive development of the project, and adjust the overall land use planning according to the implementation schedule of comprehensive development. Railway projects supporting the comprehensive development of land required for new construction land indicators, by the Provincial Department of Land and Resources to the Ministry of Natural Resources to apply for separate planning or the use of provincial reserved indicators.
(II) In the planning and site selection stage of railway projects, the people’s governments of cities and counties along the line should implement planning control on the land within a radius of 800 meters centered on the station in a timely manner, and determine the land within a radius of about 800 meters from the center of the station as an alternative land for development in combination with the actual situation of cities, towns and urban road networks.
(3) After the approval of the feasibility study report of the railway project and before the approval of the comprehensive development plan of the station land, suspend the acceptance and issuance of the planning permission for construction land or issue the conditions for land planning and design, and suspend the transfer and allocation of land; If it is really necessary to carry out national and provincial key projects or major livelihood projects, environmental protection projects and the construction of "three old" reconstruction projects before the railway project planning and site selection is determined, the people’s government at the prefecture level or above shall apply to the Provincial Department of Land and Resources for a special topic, and the Provincial Department of Land and Resources shall take the lead in making a decision jointly with relevant provincial departments.
(four) after deducting the station land, the total amount of land for comprehensive development of the same railway project is controlled according to the average size of a single station not exceeding 50 hectares, and the scale of land for comprehensive development of a few stations is not exceeding 100 hectares.
Second, strengthen planning and convergence
(5) For newly-built railway projects, the people’s governments at the prefecture level or above the city level where the project is located shall co-ordinate the organization of the project construction investors or project companies at the feasibility study stage of the project, and simultaneously prepare the comprehensive development plan for the station land. For stations (large-scale comprehensive transportation hubs) involving multiple railway projects, the Provincial Development and Reform Commission should strengthen guidance and coordination to take into account the comprehensive development needs of various railway projects. For existing railway projects, the people’s governments at the prefecture level and listed along the line should take the initiative to negotiate with the legal entity of the railway project and make overall plans for the comprehensive development of the station land. The comprehensive development planning of the station land should be coordinated with the overall land use planning and the overall urban planning, and the adjustment of the overall land use planning and the overall urban planning should be handled in accordance with the regulations.
(VI) The comprehensive development plan of station and yard land should be compiled according to the principle of "integrated design, unified joint construction, three-dimensional development and functional integration", and the location, scope, scale and development conditions of land for comprehensive development of land should be defined, so as to promote the coordination of the layout of station and yard and related facilities, seamless connection of transportation facilities, full utilization of above-ground and underground space, greatly improve the transportation function and comprehensive service function of cities, form a benign interaction mechanism between railway construction and the development of towns and related industries, and promote railway traffic.
(7) The comprehensive development plan of station land shall be compiled according to the line (project) substation, and the opinions of the people’s governments of counties (cities, districts) along the line shall be fully solicited, and shall be submitted to the Provincial Department of Housing and Urban-Rural Development, the Development and Reform Commission and the Department of Land and Resources for joint approval and implementation according to procedures. The people’s governments of counties (cities, districts) along the line shall prepare or adjust the regulatory detailed planning of relevant land use in a timely manner, and the relevant adjustments shall be made after soliciting the written opinions of the project construction investment subject (or project company) in advance, and then perform the relevant examination and approval procedures. In principle, the planning adjustment shall be completed within 6 months and reported to the Provincial Department of Housing and Urban-Rural Development step by step for the record.
Third, promote the comprehensive development and utilization of land
(eight) the use of land within the red line of railway projects for the development of above-ground and underground space, under the premise of meeting the planning and safety requirements of railway projects, can be compatible with a certain proportion of other functions, and can set up the right to use construction land in layers. The right to use the construction land established by layers conforms to the Catalogue of Allocated Land, and the procedures for land use can be handled according to the allocation method; Do not meet the "allocation of land directory", according to the agreement for paid land use procedures. If the allocated land obtained by the legal entity of railway project according to law is no longer in conformity with the Catalogue of Allocated Land due to transfer or change of use, the land use formalities can be handled by agreement according to the provisions of Document No.37 [2014] of the State Council Office; If the development is recovered by the government, it can be implemented with reference to the redevelopment of inefficient land and the relevant policies of "three old" transformation.
(9) Support legal entities of railway projects to make use of their own land, acquire adjacent land through equal consultation, obtain land supplied by the government according to law or cooperate with other market entities to comprehensively develop the existing railway project station area. After the approval of the planning department, the land and resources departments of cities and counties along the line shall provide services for the railway project legal entity to use its own land for land property rights integration and parcel merger and split.
Fourth, clear the way of land supply
(ten) the comprehensive development of new railway stations and yards shall be supplied in a market-oriented way, and the announcement time for land supply shall not be less than 60 working days. If the investment subject of the newly-built railway project is not determined, the comprehensive land development right can be tendered together when the project is tendered, and the winning bidder of the newly-built railway project can obtain the comprehensive land development right at the same time, and the corresponding land can be provided once or in stages according to the development stages, and the land supply price is determined according to the market price at the time of transfer. The new railway project has determined the investment subject but not the comprehensive land development right. If the land conforms to the Catalogue of Allocated Land, it can be supplied by allocation; If it does not conform to the Catalogue of Allocated Land, it will be supplied by bidding, auction and listing, and the unified railway station, line engineering, related planning conditions and railway construction requirements will be taken as the preconditions for obtaining land. To supply land within the scope of comprehensive development of existing railway stations and yards, the planning requirements of comprehensive development and the requirements of railway construction should be included in the premise of land supply.
(11) All localities can explore the way of "providing land in pieces and supplying it by stages" for comprehensive land development, that is, referring to the current bidding, auction and listing mode, the right to use the land for comprehensive land development and the transfer price are determined first, and the procedures of signing the transfer contract and paying the transfer fee in the bidding, auction and listing procedures are temporarily not fulfilled. After determining the owner of the right to use, the remaining land supply process will be handled by stages according to the urban planning and actual situation, and the price of land supply by stages will be implemented according to the price determined at the time of bidding, auction and listing. The time limit for land supply by stages shall not exceed 5 years at the longest. If the land supply by stages cannot be completed within 5 years due to the reason of the land use right holder, the land supply procedures for the remaining land shall not be handled for the land use right holder.
Five, reasonably determine the cost of land use
(12) For industrial projects that are in line with the province’s priority to develop industries and are intensive in land use (the floor area ratio and building coefficient exceed the national standard by 40% and the investment intensity increases by more than 10%), the transfer reserve price can be determined by not less than 70% of the lowest price standard of industrial land corresponding to the local land. Land comprehensive development and construction of real estate (including commercial buildings, office buildings, etc.) needs to be sold by means of bidding, auction and listing, and the selling reserve price shall be determined by collective decision based on the land appraisal results, land supply policies and land market conditions. The lowest price of land transfer shall not be less than 70% of the benchmark land price at the location of the land transfer, and the bid bond shall not be less than 20% of the lowest price of land transfer. Encourage the intensive use of space, and the reserve price of the right to use underground space can be calculated and determined by multiplying the benchmark price of the local level by the corresponding correction coefficient. The specific correction coefficient is determined by the people’s governments of cities and counties according to local actual conditions.
(13) The land authorized by the state to operate can be invested (invested) or leased at a fixed price according to law within the service life, or privately transferred between state-controlled and state-controlled enterprises within the group company after being examined and approved by the state-funded enterprises.
Six, the establishment of a comprehensive security mechanism
(fourteen) to promote the establishment of "railway projects+land development" comprehensive return model. After the income from comprehensive land development is included, the financial internal rate of return of railway projects should not be lower than the industry benchmark value of 3% in principle, and it should be comprehensively determined in combination with the recruitment of social capital. The number of comprehensive development land provided by listing at all levels along the railway project should match the sustainable management responsibility of the project shared by the road sections in each city; The income from comprehensive land development is accounted for by cities, which is used for the sustainable management of projects in the city’s sections.
(15) The municipal government at or above the prefecture level along the railway project shall, in accordance with the principles of integrated planning, linked supply, three-dimensional development and overall construction, negotiate and determine the comprehensive land development matters that need to be arranged for the construction of railway stations and yards, and clarify the related matters such as the comprehensive land development projects and the unified joint construction of corresponding railway stations and yards and line projects. Before the feasibility study of a new railway project is approved, the investment subject of railway project construction and the prefecture-level listing along the line should sign a comprehensive land development agreement, and clarify the scale, location, supply and payment method of the feasibility gap subsidy for the comprehensive development land. Increase credit support for eligible government and social capital cooperation (PPP) projects, and provide long-term, stable and low-cost financial support for the projects.
(sixteen) to support the comprehensive development of land for the construction and operation of railway projects. After deducting the necessary costs such as land purchasing and storage and the rigid provision stipulated by the state and province, the rest of the land transfer income can be used for railway project construction and operation. For the railway project built in the mode of "railway project+land development", the people’s governments at the prefecture level and listed cities along the line where the land is sold can arrange special subsidy funds from the comprehensive land development income to the project company according to the requirements of the two lines of revenue and expenditure and the comprehensive development agreement signed with the project construction investors, so as to improve the fund-raising ability and income level of the railway project. The Pearl River Delta intercity railway project, which is built in a mode other than "railway project+land development", will continue to do a good job in collecting the income from comprehensive land development of the Pearl River Delta intercity railway project, and the relevant municipal governments and provincial departments in the Pearl River Delta should implement the development income management in accordance with the specific requirements of the Measures for the Administration of Operation Guarantee Fund for the Pearl River Delta Intercity Rail Transit Project. After the main body of railway project construction completes the construction of the upper cover plate of the station yard, rolling stock depot and parking lot, if it is really necessary to be purchased and stored at the prefecture level along the line, the land reserve department at the prefecture level along the line will sign a compensation agreement with the main body of railway construction, and the compensation standard for purchasing and storing can be implemented with reference to the relevant provisions of the "three old" transformation.
Seven, the establishment of provincial and municipal supervision and coordination mechanism.
(seventeen) strict management of land development and utilization. The relevant departments of land and resources of cities and counties should clearly agree with the subjects who have obtained the right to use the comprehensive development land that the railway station and line project should be built before the comprehensive land development project. If the main body that has obtained the comprehensive development land fails to give priority to the construction of railway stations and line projects as agreed, it shall not handle the land and real estate procedures for it.
(eighteen) to establish a coordination mechanism for comprehensive development of railway land in provinces and cities. The Provincial Department of Land and Resources coordinates and urges all localities to conscientiously implement the land use policies related to the comprehensive development of railway projects. The Provincial Development and Reform Commission should coordinate and promote the construction of railway projects in the mode of "railway projects+land development". Relevant provincial departments should strengthen the coordination and guidance on the construction and operation of related projects and comprehensive land development according to their respective responsibilities. Governments at all levels along the railway projects should attach great importance to and conscientiously implement the relevant national and provincial policy requirements, and jointly form a long-term mechanism for the comprehensive development of land along the railway.
This policy and measures shall come into force as of the date of issuance and shall be valid for 5 years.
