This English translation is for reference only. The Chinese version shall prevail in case of any inconsistencies.

Notice on Issuing the Implementing Rules for the Administration of Temporary Land Use in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

All relevant departments:

The Implementing Rules for the Administration of Temporary Land Use in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin has been approved upon deliberation at the session of the Executive Committee of the Cooperation Zone, and is hereby issued to you for your careful implementation. Should any issues arise during implementation, please promptly report them to the Urban Planning and Construction Bureau of the Cooperation Zone.

Urban Planning and Construction Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

November 19, 2024

Normative Document No. 10/2024 of the Urban Planning and Construction Bureau

Implementing Rules for the Administration of Temporary Land Use in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

Article 1.

Purpose of the Implementing Rules

In order to strengthen the administration of temporary land use in the Guangdong-Macao In-Depth Cooperation Zone, standardize and regulate the management of temporary land use, protect cultivated land, and promote economical and intensive land utilization, these Implementing Rules are hereby formulated in accordance with the Land Administration Law of the People’s Republic of China, the Regulation on the Implementation of the Land Administration Law of the People’s Republic of China, the Regulation on Land Reclamation, the Measures for the Implementation of the Regulation on Land Reclamation, the Notice by the Ministry of Natural Resources on Regulating the Management of Temporary Land Use, the Notice by the Department of Natural Resources of Guangdong Province on Further Standardizing the Management of Temporary Land Use, and other relevant laws, regulations, and normative documents, and in light of actual working needs.

Article 2.

Scope of Application

These Implementing Rules shall apply to the use and administration of temporary land use within the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as “the Cooperation Zone” ).

Article 3.

Applicants of Temporary Land Use

Entities eligible to apply for temporary land use in the Cooperation Zone include project land use entities, primary land developers, entities responsible for public service facilities or municipal infrastructure construction, relevant government departments, the Executive Committee of the Cooperation Zone and its working bodies, as well as entities authorized to act as project proxy construction units.

Article 4.

Layout Plan for Temporary Land Use

The Urban Planning and Construction Bureau will update the layout plan for temporary land use on a regular basis and publish it on the official government website of the Cooperation Zone. In principle, temporary land use shall be limited to site selection within the scope of the published layout plan.

Article 5.

Categories of Temporary Land Use

Temporary land use may be applied for under the following circumstances:

1. Temporary office and living facilities constructed during the construction period of a project to directly serve construction personnel, including temporary office buildings, living quarters, and work sheds, and auxiliary facilities directly serving the construction process, including topsoil stripping and storage sites for agricultural land, material storage yards, beam fabrication yards, concrete mixing stations, steel processing plants, construction roads, transport roads, above-ground line installations, underground pipeline laying operations, and borrow pits and spoil (slag) grounds for infrastructure projects such as energy, transportation, and water conservancy;

2. Temporary living quarters, work sheds, exploration operations, and auxiliary facilities, construction roads, and transport roads constructed during exploration activities, including mineral resource exploration, engineering geological exploration, and hydrogeological exploration, including, in oil and gas exploration, drilling sites, supporting pipelines, power facilities, access roads, and other drilling-related supporting facilities; or

3. Other circumstances requiring temporary land use as permitted by laws and regulations.

Temporary land use shall not be applied for under the following circumstances:

1. Land use unrelated to construction projects or geological exploration, where the land cannot be restored to its original category or reclaimed to a usable condition after use;

2. Land use involving unauthorized construction or other illegal land use activities, except as otherwise provided in Article 7 in these Implementing Rules;

3. Land use where the construction project has already completed the overall verification of planning conditions; or

4. Other circumstances as specified by laws and regulations.

Article 6.

Duration of Temporary Land Use

The period of temporary land use shall generally not exceed two years.

For temporary land use involving infrastructure projects with long construction periods, such as those in energy, transportation, or water conservancy, or for public service facilities with complex construction conditions, the period shall not exceed four years.

The period of temporary land use shall be calculated from the date of approval.

Upon the expiration of the approved period, the temporary land use approval shall automatically become invalid.

Article 7.

Land Use for Emergency Rescue and Disaster Relief

For land used in emergencies such as disaster relief or public health incidents, prior approval shall not be required before use. Where the use constitutes temporary land use, the land shall be restored to its original condition after use and returned to the original land use entity, without the need to undergo land use approval procedures. Where the use constitutes permanent construction, the construction entity shall apply for land use approval and land supply procedures within six months following the conclusion of the emergency response.

Article 8.

Temporary Land Use Area

In compliance with work safety requirements, temporary land use for construction projects shall, in principle, be arranged within the red-line boundary of the project land.

Where it is necessary to apply for temporary land use separately, the principle of “apply for as much as needed, occupy as much as approved, and restore as much as occupied” shall be followed, and efforts shall be made to avoid or minimize the occupation of cultivated land.

Construction projects shall be organized in a well-planned manner to ensure economical and intensive use of temporary land.

Article 9.

Fees Related to Temporary Land Use

Following approval of the application for temporary land use, the temporary land use entity shall pay the temporary land use compensation fee in accordance with the temporary land use contract and pre-deposit the land reclamation fee in accordance with the land reclamation fee supervision agreement. The specific fee standards shall be as follows:

1. Temporary Land Use Compensation Fee. The compensation fee shall be calculated based on the land price management regulations in force in the Cooperation Zone at the time of acceptance, taking into account factors such as the number of applications, land area, and project type. Where the land use exceeds the approved period, a compensation fee shall be charged from the expiration date of the temporary land use until the date of land return acceptance (calculated on a monthly basis; periods of less than one month shall be charged as one full month). The temporary land use compensation fee shall be exempted under the following circumstances:

(1) Projects for non-operational purposes, such as municipal facilities or public service facilities, involving temporary material storage yards, construction access roads, soil and stone storage sites, and other temporary structures established during construction; or

(2) Temporary land use for emergency purposes, such as disaster relief or public health emergencies.

2. Land Reclamation and Greening Deposit A land reclamation and greening deposit shall be collected at a rate of RMB 120 per square meter.

3. Cultivated Land Occupation Tax Where temporary land use involves the occupation of agricultural land or certain unused land, the land use entity shall, within 30 days of receiving the written notification from the land approval authority regarding farmland occupation procedures, apply to the Cooperation Zone’s tax authority to pay the cultivated land occupation tax.

4. Urban Land Use Tax Where temporary land use involves the occupation of unused land or construction land, or where agricultural land is occupied for more than one year, the land use entity shall pay the urban land use tax in accordance with the law and shall apply for payment to the tax authority of the Cooperation Zone.

Article 10.

Temporary Land Use Approval

The application and approval procedures for temporary land use shall be as follows:

1. Land Use Application. The entity applying for temporary land use (project owner) shall submit an application to the Urban Planning and Construction Bureau (Annex 1). The application documents shall include the following materials:

(1) A temporary land use application report, specifying the reasons for application, the requested land area and building area, intended period of use, purpose, and preferred site location;

(2) A location map of the proposed temporary land use area (including coordinates);

(3) A site layout plan (indicating functional zoning, the number of planned floors, and the proposed area);

(4) For construction projects requiring temporary land use, project approval documents (approval, verification, or filing) shall be provided;

(5) For geological exploration projects requiring temporary land use, a mineral resource exploration permit or relevant documentation issued by the competent authority confirming the necessity of geological exploration shall be provided;

(6) Where the proposed temporary land use involves permanent basic farmland, forestry land, urban parks, suburban parks, reservoirs, water source protection areas, river channels, or coastal embankments, the applicant shall obtain the necessary administrative permits or written consent from the relevant authorities in accordance with applicable laws and regulations;

(7) For projects likely to have significant impacts on the surrounding environment, environmental impact assessment (EIA) approval or written consent from the relevant authorities shall be obtained in accordance with regulations;

(8) In principle, cultivated land shall not be occupied. Where occupation of cultivated land is unavoidable, the applicant shall provide expert-reviewed documentation justifying the necessity of occupation and, in accordance with the Regulation on Land Reclamation and other relevant regulations, prepare a land reclamation plan (or table) specifying the technical approaches, reclamation measures, timeline for reclamation, and estimated reclamation costs;

(9) For government-invested projects where applications are submitted by entrusted construction agencies, a written authorization from the project owner shall be provided; and

(10) Other documents as required by applicable laws and regulations.

2. Review. The Urban Planning and Construction Bureau will convene a review meeting with relevant departments within the Cooperation Zone to assess the proposed site location, area, intended use, period of use, and any potential violations of land use regulations. If the application meets the required conditions upon review, the temporary land use procedures shall be processed in accordance with regulations. If the application does not meet the required conditions, the Urban Planning and Construction Bureau will issue a written decision of rejection, stating the reasons therefor.

3. Processing of Temporary Land Use Procedures.

(1) Preparation of Materials. Where the application is confirmed to meet the conditions for temporary land use through the review meeting, the Urban Planning and Construction Bureau will determine the planning site and, in accordance with national and Guangdong provincial requirements, notify the land use applicant to prepare the required materials (Annex 3)

(2) Submission for Approval. Upon submission of the complete set of materials by the applicant in accordance with the Guidelines for Submitting Temporary Land Use Application Materials (Annex 3), the Urban Planning and Construction Bureau will proceed with the approval process. Following approval, the land rights holder and the applicant shall sign a Temporary Land Use Contract and a Land Reclamation Fee Supervision Agreement. The applicant shall pay all required fees (including but not limited to the temporary land use compensation fee, land reclamation and greening deposit, and cultivated land occupation tax) before commencing land use.

(3) Public Disclosure. Within 20 working days after the approval of temporary land use involving farmland or unused land, the Urban Planning and Construction Bureau will upload the approval documents, contract, site boundary information, and current land use imagery to the Ministry of Natural Resources’ Temporary Land Use Information System for registration. The approval information will also be published on the official website of the Cooperation Zone. The land use entity shall prominently disclose on-site the approved information, including the applicant’s name, land scope, area, intended use, and duration of use, and shall install clear boundary markers in accordance with regulatory requirements.

Article 11.

Supervision of Temporary Land Use

The post-approval supervision measures for temporary land use shall be as follows:

1. The land inspection unit will conduct regular inspections to determine whether the temporary land use exceeds the approved scope. Where unauthorized expansion of construction or use is discovered, the temporary land use entity shall dismantle any unauthorized structures and attachments, clear and level the site, and complete land reclamation and greening in accordance with requirements. Where the entity refuses to rectify, the land inspection unit will report the case to the Commercial Services Bureau for investigation and enforcement in accordance with the law;

2. Permanent structures shall not be built on temporary land. The land and any structures thereon shall not be transferred, leased, mortgaged, or used for commercial purposes. Where violations occur, the temporary land use entity shall immediately cease the prohibited activities, dismantle unauthorized structures, clear and level the site, and complete land reclamation and greening in accordance with requirements. Where the entity refuses to rectify, the land inspection unit will transfer the case to the Commercial Services Bureau for legal handling;

3. During the period of temporary land use, the land inspection unit will strengthen supervision and inspection of compliance. Where damage to boundary markers or failure to post required public information is discovered, the land inspection unit will urge the land use entity to rectify the situation. Where the temporary land is not used in accordance with the Temporary Land Use Contract, or where the land is not returned after the expiration of the approved period, the land inspection unit will notify the entity to rectify within 30 days. Failure to rectify within the prescribed period shall result in the case being transferred to the Commercial Services Bureau for legal enforcement. The Commercial Services Bureau will publicly disclose administrative penalty information in accordance with regulations. Where illegal land occupation is involved, the Commercial Services Bureau will forward the penalty documents to the Cooperation Zone Tax Bureau, which will collect the cultivated land occupation tax and urban land use tax from the violating entity; and

4. After addressing violations in accordance with the above provisions, if the temporary land use entity still requires temporary land use, the temporary land use entity may reapply in accordance with the procedures set forth in these Implementing Rules.

Article 12.

Early Reclamation

During the period of temporary land use, the land may be reclaimed in advance, upon approval through prescribed procedures, under any of the following circumstances:

1. The land use entity violates laws or breaches the terms of the Temporary Land Use Contract;

2. Where necessary for the implementation of urban planning;

3. Where necessary for the implementation of the annual land use plan;

4. Where necessary for public welfare, emergency rescue, disaster relief, or public health safety;

5. Where necessary for the development planning of the Cooperation Zone;

6. Where the project is suspended, modified, or completed earlier than planned, resulting in the cessation of temporary land use; or

7. Other circumstances as specified by laws and regulations.

In the case of early reclamation, the Urban Planning and Construction Bureau will issue a written notice requiring the land use entity to vacate and clear the land in accordance with the prescribed requirements. The land use entity shall complete site clearance and land reclamation and greening within 30 days of receipt of the notice.

Where the land use entity completes site clearance and reclamation within the specified period and passes inspection organized by the Urban Planning and Construction Bureau and relevant departments, the compensation fee for the remaining period (including the compensation fee for the month of acceptance) will be refunded. Compensation for the relocation of structures within the original temporary land area shall also be provided, based on the appraised value at the time of relocation as assessed by a qualified appraisal agency, subject to a maximum amount not exceeding the refunded compensation fee for the remaining period. Where the early reclamation falls under Item 1 of the first paragraph of this Article, the land use entity shall bear responsibility for illegal land use, and only the compensation fee for the remaining period shall be refunded following successful site clearance and acceptance.

After early reclamation, except for cases falling under Item 1 of the first paragraph, the land use entity may reapply for temporary land use if further need arises.

Article 13.

Temporary Land Reclamation and Greening Requirements

The responsibility for restoring temporary land use shall be strictly implemented in accordance with the Regulation on Land Reclamation. The specific land restoration requirements are as follows:

1. For temporary use of state-owned construction land or unused land, the temporary land use entity shall, in accordance with the temporary land use contract, dismantle structures and related facilities, remove construction and domestic waste, level the site, restore the land below the planned site elevation, and carry out greening;

2. For temporary use of agricultural land (excluding cultivated land), the temporary land use entity shall fulfill land reclamation obligations in accordance with the Land Reclamation Plan issued by the Urban Planning and Construction Bureau; and

3. In principle, cultivated land shall not be occupied. Where temporary occupation of cultivated land is necessary for project construction, the temporary land use entity shall fulfill land reclamation obligations in accordance with the land reclamation plan submitted at the time of application.

Where a temporary land use entity fails to fulfill the obligations of land clearance, reclamation, and greening as stipulated in the temporary land use contract, new applications for temporary land use shall not be accepted.

Article 14.

Acceptance of Land Reclamation and Greening

The acceptance of land reclamation and greening shall be handled according to the following procedures:

1. In accordance with Article 33 of the Measures for the Implementation of the Regulation on Land Reclamation, after dismantling structures, clearing the site, and completing land reclamation and greening, the temporary land use entity shall conduct a self-inspection and submit a written application for acceptance to the Urban Planning and Construction Bureau. For temporary land use involving agricultural land or unused land, the following materials shall also be submitted:

(1) Acceptance survey report and related diagrams;

(2) Planning and design implementation report;

(3) Quality assessment report;

(4). Testing and other related reports.

2. Where the acceptance inspection organized by the Urban Planning and Construction Bureau is passed, a Land Reclamation Acceptance Certificate will be issued, and the land reclamation and greening deposit shall be refunded. Where the inspection is not passed, the temporary land use entity will be notified to rectify the deficiencies within 30 days. Upon passing re-inspection after rectification, a Land Reclamation Acceptance Certificate will be issued, and the deposit will be refunded. Where the inspection still fails after rectification, the land reclamation and greening deposit will be confiscated and specifically used for land reclamation. The Urban Planning and Construction Bureau will organize the reclamation work, with the related costs covered by the confiscated deposit. Where the deposit is insufficient to cover the costs, the original temporary land use entity shall bear the shortfall;

3. Where the temporary land use entity, without approval, exceeds the approved land use scope, changes the land use purpose or construction content, transfers, leases, or mortgages the temporary land or its buildings, structures, or facilities, uses the temporary land for commercial purposes, or engages in other illegal use of the temporary land, the Urban Planning and Construction Bureau will reclaim the land without compensation and confiscate the land reclamation and greening deposit. Where the conduct is suspected of violating laws or regulations, the case shall be referred to the Commercial Services Bureau for investigation and legal action; and

4. Within one year from the expiration date of the temporary land use period, the temporary land use entity shall fulfill the land reclamation obligations in accordance with the law, restore the land to cultivation conditions, and pass the acceptance inspection. Upon meeting these requirements, the entity may apply to the Tax Authority of the Cooperation Zone for a refund of the cultivated land occupation tax previously paid.

Article 15.

Interpretative Authority

These Implementing Rules will be interpreted by the Urban Planning and Construction Bureau.

Article 16.

Implementation Date and Validity Period

These Implementing Rules shall come into effect on December 01, 2024, and shall remain valid for a period of five years. The Implementing Rules for the Administration of Temporary Land Use in Hengqin New Area and the Expanded Integrated Region shall simultaneously cease to apply by reference.

Annex 1:

Letter of Application for Temporary Land Use for the XXX Project

To: Urban Planning and Construction Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

(The body of the letter shall include the following information:)

(1) A brief introduction to the project, including the start and completion dates, land area, floor area, intended use or function, construction progress, and an explanation of why temporary facilities cannot be arranged within the red-line boundary of the project land;

(2) Information on existing temporary land use for the project, including the number of plots, area, duration, and a distribution map of the existing temporary land use;

(3) The intended use, area, and duration of the proposed temporary land use;

(4) Specific requirements for the temporary land use based on the number of construction workers and office staff, accompanied by a layout plan for the temporary facilities;

(5) If the temporary land use involves occupation of forest land, approval documents issued by the competent forestry authority shall be provided;

(6) If the temporary land use involves any illegal land use activities, a penalty decision or a written opinion issued by the Commercial Services Bureau shall be provided; and

(7) Any other relevant circumstances that require explanation.

Attachments: The attachments shall include the layout plan for the temporary land use, a diagram showing the scope of use, aerial photographs, the distribution of existing temporary land use, a Certificate of Land Appropriation (or land transfer contract, land use planning permit), and other relevant ownership certificates or project approval documents.

Power of Attorney (the original Power of Attorney, together with a photocopy of the business license and a photocopy of the authorized representative’s ID card, stamped with the official seal).

XXXXX Co., Ltd. (Project Construction Unit)

Date:                         (MM/DD/YYYY)

Annex 2:

List of Application Materials for Temporary Land Use

Annex 3:

Guidelines for Submitting Temporary Land Use Application Materials

To: XXXXXX Co., Ltd.

We have received your Letter of Application for Temporary Land Use for the XX Project. After a preliminary review, our bureau has initiated the process for handling the temporary land use procedures. The relevant matters are hereby notified as follows:

1. Please submit the signed hard copy of the Temporary Land Use Contract to our bureau within seven working days from the date you receive the electronic version of the contract issued by our bureau (the contract shall be printed double-sided, affixed with the official seal of Party B, and signed or sealed by the legal representative).

2. Please submit the required application materials for temporary land use (as detailed in Attachment 2 of these Guidelines) to Window 133 of the Government Service Center of our bureau by [Date: 202Y-MM-DD]. If the materials are not submitted by the deadline, it will be deemed as a forfeiture of the application, and our bureau will process it as a returned case.

3. According to the land use classification specified in the Land Administration Law of the People’s Republic of China, the current land use status indicates that the agricultural land area is XXXX square meters. This may involve the payment of urban land use tax, cultivated land occupation tax, and other related matters. Please consult the local tax authority for further details.

4. Your company is required to establish boundary markers with tree stumps along the perimeter of the temporary land use area and inform our bureau. Our bureau will conduct an on-site inspection to verify the boundary marking.

These Guidelines are hereby issued for you.

Attachment:

1. Diagram of the Proposed Temporary Land Use Location

2. List of Materials Required for Temporary Land Use

Urban Planning and Construction Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

202Y-MM-DD