This English translation is for reference only. The Chinese version shall prevail in case of any inconsistencies.
Notice on Issuing the Measures for the State-Owned Land Supply Administration in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin
All relevant departments,
The Measures for the State-Owned Land Supply Administration in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin has been approved by the Executive Committee of the Cooperation Zone, and are hereby issued to you for careful implementation. Should any issues arise during implementation of these measures, please directly report the issues 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
Novemebr 3, 2023
Normative Document No. 6/2023 of the Urban Planning and Construction Bureau
Measures for the State-Owned Land Supply Administration in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin
Contents
Chapter I General Provinsions
Chapter II Allocation of State-Owned Land Use Rights
Chapter III Grant of State-Owned Land Use Rights
Chapter IV Short-Term Utilization of State-Owned Land Use Rights
Chapter V Leasing of State-Owned Land Use Rights
Chapter VI The “Lease-First-Then-Grant” Principle of State-owned Land Use Rights
Chapter VII Post-Supply Management
Chapter VIII Supplementary Provisions
Chapter I
General Provisions
Article 1.
Purpose and Basis
With the purposes to further regulate and enhance land supply administation in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Cooperation Zone”) and maximize the supportive and safeguarding role of land resource factors, effectively implement the strategic deployment and requirements of the Master Plan for the Construction of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Master Plan”) and the Regulations on Promoting Development in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin, contribute to the moderate diversification of Macao’s economy, and facilitate the living and employment of Macao residents, these measures have been formulated in accordance with the Civil Code of the People’s Republic of China, the Land Administration Law of the People’s Republic of China, the Urban Real Estate 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 Provisions on the Grant of the State-Owned Construction Land Use Rights through Bidding, Auction, and Listing, as well as other relevant laws, regulations, and rules, and taking into account the actual circumstances of the Cooperation Zone.
Article 2.
Scope of Application
These measures apply to the administration of the supply of state-owned land use rights within the scope of the Cooperation Zone.
Article 3.
Guiding Principles
The supply of state-owned land use rights in the Cooperation Zone shall adhere to the following principles:
1. Deep Integration: Promote the moderate diversification of Macao’s economy, facilitate the livelihood and employment of Macao residents, and support Macao’s better integration into the national development framework.
2. Precise Supply: Explore the potential for supply and demand of land resources, accurately assess the quantity, pace, timing, and structure of land supply, and enhance the efficiency of land resource allocation.
3. Economical and Intensive Use of Land: Support the revitalization and effective utilization of low-efficiency existing construction land, thereby increasing the intensity and effectiveness of land development and utilization.
4. Lifecycle Administration: Implement comprehensive administration throughout the entire lifecycle of land supply, supervision, breach of contract disposal, expiration management, and exit processes.
Article 4.
Method of Supply
The state-owned land use rights in the Cooperation Zone may be supplied through allocation, grant, short-term use, leasing, lease-first-then-grant, and temporary land use.
The administration of temporary land use shall be conducted in accordance with the implementation regulations for temporary land use in the Cooperation Zone.
Article 5.
Supply Plan
The Urban Planning and Construction Bureau of the Cooperation Zone, in collaboration with the Economic Development Bureau, Financial Development Bureau, Commercial Services Bureau, and Civil Affairs Bureau, shall jointly formulate and implement the annual land supply plan in accordance with the master development plan , urban planning, and industrial planning of the Cooperation Zone, as well as relevant policies.
The land supply plan shall prioritize land for industrial projects, strictly control the supply of commercial residential, commercial, and office land, and significantly increase the supply of land for affordable housing, including talent housing, shared ownership housing, public rental housing, and guaranteed rental housing.
Lands supplied through allocation, grant, leasing, and the lease-first-grant-later methods must be included in the annual supply plan, while lands supplied for short-term use and temporary land use will not be included in the annual supply plan.
Chapter II
Allocation of State-Owned Land Use Rights
Article 6.
The Scope of the Allocation of State-Owned Land Use Rights
The state-owned land use rights may be allocated when in accordance with the “Catalog of Allocated Land” and under the following circumstances:
1. Land for projects fully financed by the government in the Cooperation Zone, including talent housing, public rental housing, affordable rental housing, and non-profit elderly care service institutions;
2. Land for non-profit innovation and entrepreneurship platform projects for Macao youth that are fully financed by the government in the Cooperation Zone;
3. Land for standard factory buildings that are leased but not sold, and are fully financed by the government in the Cooperation Zone;
4. Other circumstances as specified by laws and regulations.
Article 7.
Conditions for the Allocation of State-owned Land Use
The allocation of state-owned land use rights must meet the following conditions:
1. The pre-approval for the construction project site and site selection opinion must be obtained.
2. The project approval documents, which define the construction content, investment amount, funding sources, land area, and location, must be acquired.
3. The overall land use planning and urban planning must be adhered to. If agricultural land or unused land is occupied, the necessary approval procedures for converting agricultural land or unused land to construction land must be carried out in accordance with the law.
4. The project construction unit must complete the investigation and remediation of soil contamination as required.
5. If forest land is occupied, the necessary approval procedures for forest land use must be conducted in accordance with the law.
6. If it involves water source protection areas, ecological protection red lines, etc., an evaluation must be conducted to determine whether occupation is permitted in accordance with regulations.
7. The land rights must be clearly defined, free from any legal or economic disputes, and the supply must be based on the current land status.
Chapter III
Grant of State-Owned Land Use Rights
Article 8.
Methods of the Grant of State-Owned Land Use Rights
The grant of state-owned land use rights refers to the act of the state, as the landowner, granting the rights to use state-owned land to a user for a specified period of time, during which the land user is required to pay the state the land granting fee. Within the scope of the Cooperation Zone, the grant of state-owned land use rights may be conducted through methods such as bidding, auction, listing, or agreement.
Article 9.
The Application Scope of the Grant of the Allocation of State-Owned Land Use Rights
Commercial land for industrial, business, tourism, entertainment, and residential purposes, as well as any parcel of land with two or more interested parties, shall be supplied through competitive bidding, listing, or auction methods.
Article 10.
Conditions of the Grant of State-Owned Land Use Rights
The grant of state-owned land use rights must meet the following conditions:
1. The overall land use planning and urban planning must be adhered to. If agricultural land or unused land is occupied, the necessary approval procedures for converting agricultural land or unused land to construction land must be carried out in accordance with the law.
2. Before granting, the investigation and remediation of soil contamination shall be completed as required.
3. If forest land is occupied, the necessary approval procedures for forest land use must be conducted in accordance with the law.
4. If it involves water source protection areas, ecological protection red lines, etc., an evaluation must be conducted to determine whether occupation is permitted in accordance with regulations.
5. Land rights must be clearly defined, and compensation for relocation shall be effectively implemented, with no legal or economic disputes;
6. Planning conditions are clearly specified, including the location, area, usage type, permitted construction scope, plot ratio, green space ratio, and building height;
7. The land price assessment shall be completed in accordance with regulations, and the assessment results shall serve as a reference for the starting price of grant of land;
8. The site shall be fundamentally leveled and equipped with access roads for construction equipment and personnel, as well as necessary utilities such as water and electricity required for commencement (excluding soft foundation engineering and other non-standard project needs);
9. Conditions for the grant of industrial project land must be clearly defined to ensure fair and equitable competition, including but not limited to project type, site selection, land scale, grant duration, investment intensity, property disposal, tax contributions, and breach handling. Relevant details shall be included in the project supervision agreement, which shall be publicly disclosed along with the grant announcement. The project supervision agreement must clearly define quantifiable and operable breach handling measures;
10. Industrial project land must establish clear qualifications for bidders to ensure compliance with the “Master Plan”. Newly granted industrial land in the Cooperation Zone shall directly support the moderate diversification of Macao’s economy. In principle, priority for bidder qualifications (grant subjects) can be given to enterprises registered in Macao.
Article 11.
Term of State-Owned Land Use Right Grant
The term for the grant of state-owned land use rights shall not exceed the statutory maximum terms for various purposes: residential land for seventy years, industrial land for fifty years, land for education, science, culture, health, and sports for fifty years, and commercial, tourism, and entertainment land for forty years.
For mixed-use land involving multiple purposes, the grant term shall be determined according to the specific land uses included, with the terms for each use not exceeding the respective maximum terms specified above. Flexible grant terms for industrial land are encouraged, provided that they do not exceed the maximum grant term.
Article 12.
Starting Price for the Grant of State-Owned Land Use Rights
The starting price for the grant of state-owned land use rights shall adhere to the following principles:
1. The starting price shall be comprehensively determined based on the market assessment price and must not be less than 70% of the benchmark land price for the corresponding land use category in the respective area.
2. For the bidding and auction process, a bidding deposit must be established. The amount of the bidding deposit, along with the starting price, shall be determined through collective decision-making. The bidding deposit amount must not be less than 20% and not exceed 50% of the starting price.
Article 13.
Payment of the Granting Fee for State-owned Land Use Rights
The Urban Planning and Construction Bureau of the Cooperation Zone shall sign the land granting contract with the assignee within ten working days after the conclusion of the state-owned land use rights transaction. The land granting contract must clearly specify the total amount of the grant price, the payment schedule, and the payment method. If installment payments are agreed upon, the deadline for the payment of the entire grant price shall not exceed one year. The down payment shall not be less than fifty percent of the total grant price and must be paid in full within one month after the signing of the land granting contract. When the assignee pays the second installment and any subsequent installments, interest shall be paid as stipulated in the contract.
Article 14.
Construction and Property Rights Requirements for Granted Land
The assignee who construct permanent above-ground buildings (structures) and their ancillary facilities within the boundaries of the land plot must obtain the necessary land use planning and engineering planning permits in accordance with regulations.
Unless otherwise stipulated in the land granting contract, the state-owned land use rights and above-ground buildings (structures) along with their ancillary facilities may be legally transferred, leased, contributed, gifted, exchanged, or mortgaged. The disposal of property related to industrial projects shall be carried out in accordance with the project supervision agreement.
If the land granting contract stipulates that the assignee shall construct and gratuitously transfer public service facilities to the relevant functional departments of the Cooperation Zone, such facilities must be handed over promptly after completion, accompanied by a transfer agreement. The relevant functional departments of the Cooperation Zone shall promptly carry out property registration and related procedures.
The assignee is required to implement measures for geological disaster protection, soil pollution prevention, and ecological environment protection.
Article 15.
Disposition of Expired Land Use Rights
Upon the expiration of the term specified in the land granting contract, other than for residential construction land use rights, if the assignee has not applied for an extension or if the application has not been approved, the state-owned land use rights shall be reclaimed by the Urban Planning and Construction Bureau of the Cooperation Zone at no cost. The above-ground buildings (structures) shall be disposed of in accordance with the methods stipulated in the contract. In the absence of such stipulations or if the stipulations are unclear, the matter shall be handled in accordance with relevant laws and administrative regulations. If the assignee fails to complete the land granting procedures within the stipulated time-frame, legal action may be taken.
Chapter IV
Short-Term Utilization of State-Owned Land Use Rights
Article 16.
The Application Scope of the Short-term Utilization of State-Owned Land Use Rights
The short-term utilization of state-owned land use rights refers to the act of providing such rights to users for a limited duration. In principle, this is restricted to urgent public service facility projects organized and implemented by relevant functional departments of the Cooperative Zone, ensuring closed operation and controllable results. The following categories are included:
1. Land for public service facilities that are necessary and intended for emergency short-term use, such as public parking lots, public rest stations, bus terminals, electric vehicle charging stations, garbage collection stations, and public health safety facilities.
2. Other urgently needed land for public service facilities.
Article 17.
Conditions of Short-Term Utilization of State-Owned Land Use Rights
The Short-Term Land Use shall meet the following conditions:
1. The land use must have a clearly defined scope, construction details, building area, and duration of use.
2. Approval from the relevant industry supervisory authorities must be obtained.
3. The overall land use planning must be adhered to. If agricultural land or unused land is occupied, the necessary approval procedures for converting agricultural land or unused land to construction land must be carried out in accordance with the law.
4. If forest land is occupied, the necessary approval procedures for forest land use must be conducted in accordance with the law.
5. The department responsible for short-term land use must carry out investigations and remediation of soil contamination.
6. If it involves water source protection areas, ecological protection red lines, etc., an evaluation must be conducted to determine whether the occupation is permitted in accordance with regulations.
7. The land rights must be clearly defined, free from any legal or economic disputes, and the supply must be based on the current land status.
8. Land shall be allocated according to actual use, provided it is not included in the city’s immediate construction plan and does not affect the implementation of urban planning or the land supply plan.
Article 18.
The Term for the Short-Term Use of State-Owned Land Use Rights
The term for the short-term use of state-owned land use rights shall generally not exceed five years.
Article 19.
The Short-Term Use Fee of State-Owned Land Use Rights
The short-term use fee for state-owned land use rights is applicable only to public service facility projects constructed with full fiscal investment from relevant functional departments in the Cooperative Zone, and no land price payment will be charged.
Article 20.
Requirements for Construction and Property Rights Regarding Short-Term Land Use
Short-term land use is limited to the construction of removable or recyclable above-ground buildings (structures) for temporary use. Prior to commencement of construction, the development plan must be filed with the Urban Planning and Construction Bureau of the Cooperation Zone for record-keeping.
No real estate registration will be granted for the land and above-ground buildings (structures), and they must not be transferred, leased, or mortgaged.
The land user must ensure compliance with requirements related to geological disaster prevention, soil pollution control, and ecological environment protection.
Article 21.
Disposal of Expired Short-term Use Rights of State-Owned Land
Upon the expiration of the short-term use rights of state-owned land, if the land user fails to reapply for short-term use or if the reapplication is not approved, the land user shall remove the structures and restore the land to its original condition at their own expense. No compensation will be provided for the demolished above-ground buildings (structures).
Chapter V
Leasing of State-Owned Land Use Rights
Article 22.
The Application Scope of the Leasing of the Allocation of State-Owned Land Use Rights
The leasing of state-owned land use rights refers to the act of renting state-owned land use rights to tenants. This act serves as a transitional arrangement for the compensated use of land and as a supplementary measure to grant of land .
The Cooperation Zone strictly controls the scale of land leasing, prioritizing grant of land while cautiously and prudently implementing the leasing of state-owned land use rights.
Residential land and land types that are not subject to leasing as stipulated by laws and regulations shall not be leased.
Article 23.
Conditions for the Leasing of State-Owned Land Use Rights
The leasing of state-owned land use rights serves as a supplement to the grant method, and the conditions for leasing must be consistent with those for the grant method, as stipulated in Article 10.
Article 24.
The Leasing Term of State-Owned Land Use Rights
The lease term for state-owned land use rights shall not exceed twenty years in principle. Upon expiration, a new lease application may be submitted.
Article 25.
Starting Price for the Leasing of State-Owned Land Use Rights
The starting price for the leasing of state-owned land use rights shall be implemented in accordance with the provisions of Article 12.
Article 26.
Rental Payment for State-Owned Land Use Rights
The rent for leasing state-owned land use rights may be paid in a lump sum or in annual fixed installments.
Article 27.
Construction and Property Rights Requirements for Leased Land
The leased land may be used for the construction of long-term above-ground buildings (structures) and their ancillary facilities, provided that the relevant procedures for land use planning permits and engineering planning permits are duly completed.
The leased land and the buildings (structures) thereon are eligible for real estate registration. The real estate certificate shall indicate information such as “Lease of State-owned Land Use Rights”, total rent, payment schedule, and any rights restrictions.
Unless otherwise specified in the contract, the tenant, upon paying all land rent as stipulated in the contract and completing the development and construction, may transfer, sublease, or mortgage the legally registered state-owned land use rights along with the buildings (structures) and their ancillary facilities, all of which shall be disposed of together. Any transfer or mortgage of leased land must be registered in accordance with the law. The disposal of property related to industrial projects shall be carried out in accordance with the project supervision agreement.
The tenant must ensure compliance with requirements for geological disaster protection, soil pollution prevention, and ecological environmental protection.
Article 28.
Disposition of Leased Land Upon Expiration
Upon the expiration of the lease term for state-owned land use rights, if the tenant does not apply for an extension or if the application for extension is not approved, the state-owned land use rights shall be recovered free of charge by the Urban Planning and Construction Bureau of the Cooperation Zone. The tenant shall dismantle any above-ground buildings (structures) and restore the land to its original condition. Compensation for the above-ground buildings (structures) shall be handled in accordance with the provisions of the contract.
Chapter VI
The “Lease-First-Then-Grant” Principle of State-Owned Land Use Rights
Article 29.
The Application Scope of the “Lease-First-Then-Grant” Principle of the State-Owned Land Use Rights
The principle of “Lease-First-Then-Grant” of state-owned land use rights refers to a leasing period established at the time of land supply, where the land use rights holder is determined through a public process. The state-owned land use rights are initially provided through leasing, and upon the tenant meeting the agreed conditions for the industrial land project, the supply method will then be converted to grant. This only applies to industrial land.
Article 30.
Conditions for the “Lease-First-Then-Grant” of State-Owned Land Use Rights
“Lease-First-Then-Grant” of state-owned land use rights must meet the following conditions:
1. Basic Conditions. Implement in accordance with Article 10.
2. Other Conditions. The land supplied following the “Lease-First-Then-Grant” principle must clearly define the leasing period, conditions for conversion to grant, and compensation standards for the above-ground buildings (structures) and other attachments in case the contract is terminated during the leasing phase.
Article 31.
Land Use Period for the “Lease-First-Then-Grant” of State-Owned Land Use Rights
The land use period for under the “Lease-First-Then-Grant” principle consists of the leasing period and the grant period. The leasing period generally does not exceed five years, and the total duration of the leasing and grant periods shall not exceed the statutory maximum grant period of fifty years for industrial land. Flexible supply during the grant phase is encouraged.
Article 32.
Starting Price for the “Lease-First-Then-Grant” of State-Owned Land Use Rights
The starting price for the land under the “Lease-First-Then-Grant” principle shall follow the provisions of Article 12.
Article 33.
Payment of Fees for the “Lease-First-Then-Grant” of State-Owned Land Use Rights
Payment during the leasing period: The rent for the land during the leasing period shall be calculated based on the final transaction price of the land, according to the ratio of the leasing period to the actual supply period (i.e., the sum of the leasing period and the grant period). The formula for calculating rent is as follows: Rent=(Leasing Period÷Total Actual Supply Period)×Final Transaction Price of Land. Rent during the leasing period may be paid in a lump sum or in annual fixed installments .
Payment during the grant period: The grant price shall be the final transaction price of the land minus the rent paid during the leasing period. The grant price during the grant period may be paid in a lump sum or in installments, following the provisions of Article 13.
Article 34.
Construction and Ownership Requirements for Land under the “Lease-First-Then-Grant” Principle
State-owned land use rights supplied under the “Lease-First-Then-Grant” principle may be used to construct long-term above-ground buildings (structures) and their ancillary facilities. The land planning permit and construction planning permit must be obtained as required.
After the development and construction on the state-owned land supplied under the “Lease-First-Then-Grant” principle are completed during the leasing period, the leased land and above-ground buildings (structures) may be registered as real estate. The real estate certificate must indicate “Leasing of State-owned Land Use Rights”, and note the total rent amount, payment timelines, and rights restrictions.
During the leasing period, the leased state-owned land use rights shall not be transferred, subleased, or mortgaged; the tenant must retain full ownership for the duration of the lease, which shall align with the leasing period.
For industrial land that is converted to grant nature as required by these regulations, the land use rights will be granted with the rights associated with land grant. Unless otherwise stipulated in the land granting contract, the land use rights holder shall pay all land value in accordance with the contract, complete investment and construction as per the land granting contract and project supervision agreement, and after obtaining approval from the Economic Development Bureau of the Cooperation Zone, may transfer, sublease, or mortgage the legally registered state-owned land use rights. The buildings (or structures) and ancillary facilities on the land may be transferred along with the land. Transfers or mortgages of land must be registered in accordance with the law. The disposal of property related to industrial projects shall be carried out in accordance with the project supervision agreement.
The land use rights holder must meet the requirements for geological disaster protection, soil pollution prevention, and ecological environment protection during both the leasing and grant periods.
Article 35.
Transition to Grant of State-Owned Land Use Rights Upon Expiration of Lease
Upon expiration of the leasing period for state-owned land use rights, an application for transition to grant may be submitted following the procedures:
1. Application: The land use rights holder shall submit a performance evaluation application to the Economic Development Bureau of the Cooperative Zone at least six months before the expiration of the leasing period.
2. Review: According to the principle of “who proposes, who supervises”, the Economic Development Bureau of the Cooperative Zone will review whether the land use rights holder has met the requirements of the project supervision agreement, while the Urban Planning and Construction Bureau will verify whether the land use rights holder has met the requirements of the land leasing contract, issuing respective review opinions.
3. Approval:If the review is approved, the Urban Planning and Construction Bureau of the Cooperation Zone will sign a land granting contract with the land use rights holder, converting the nature of the land use rights from leasing to grant. If the review is not approved, the transition to grant shall not be processed, and the Urban Planning and Construction Bureau of the Cooperation Zone may recover the state-owned land use rights in accordance with the land leasing contract, dispose of the above-ground buildings (structures) and other ancillary facilities, and pursue breach of contract responsibilities.
Article 36.
Disposition of Expired Land Under the “Lease-First-Then-Grant” Principle
If the land use rights holder fails to apply for grant procedures before the expiration of the leasing period, it will be deemed a waiver of grant, and the Urban Planning and Construction Bureau of the Cooperation Zone may recover the state-owned land use rights in accordance with the land leasing contract, dispose of the above-ground buildings (structures) and other ancillary facilities, and pursue breach of contract responsibilities. Upon expiration, actions will be carried out in accordance with the provisions of Article 15.
Chapter VII
Post-Supply Management
Article 37.
Supervision of Land Use
Relevant functional departments shall implement land use supervision in accordance with their responsibilities and the principle of “who proposes, who supervises”. Supervision shall be based on the land allocation decision, land granting (leasing) contract, temporary land use contract, and project supervision agreement, and shall strictly oversee project construction activities, industrial compliance, and housing sales, among other matters:
1. The land use rights holder shall develop construction projects in accordance with the agreed project commencement and completion timelines in the land allocation decision or land granting (leasing) contract. Timeframes for commencement and completion, as well as any requests for extensions, shall follow the regulations for monitoring the construction deadline of state-owned land in the Cooperation Zone.
2. For industrial projects, the land use rights holder must sign a project supervision agreement and fulfill the relevant stipulations. The Economic Development Bureau of the Cooperation Zone shall verify compliance with the project supervision agreement and oversee the production timeline, investment intensity, output efficiency, exit mechanisms, and changes in equity for industrial projects. If the project fails to meet the agreed requirements, the land use rights holder will be held accountable for breach of contract and required to rectify the situation.
Article 38.
Early Recovery
In cases where land is needed for national interest, public benefit, emergency rescue and disaster relief, or adjustments to the overall land use plan or urban planning, the Urban Planning and Construction Bureau of the Cooperative Zone may legally recover the land earlier than originally scheduled. Appropriate compensation will be provided based on the duration of the land use by the land use rights holder and the actual development status. The land use rights holder must actively cooperate in carrying out the relevant work.
Standards for the refund of land prices and compensation for above-ground buildings (structures) shall be stipulated in the land granting (leasing) contract. If not stipulated, the Urban Planning and Construction Bureau of the Cooperative Zone shall negotiate with the land use rights holder to process in accordance with laws and regulations.
Article 39.
Land Return
Land return refers to the act by which a land use rights holder terminates the project investment, construction, or operation for personal reasons and returns the state-owned land use rights. The land return specified in these provisions applies only to industrial land introduced through investment agreements signed with the Economic Development Bureau of the Cooperation Zone, following the former Bureau of Industrial Development of Hengqin New Area. The Cooperation Zone will enhance oversight of the construction and operation of industrial land projects. For industrial projects seeking land return, the Economic Development Bureau of the Cooperation Zone will conduct a review of the project’s performance and compliance, with the land return proceeding as follows:
1. Application for Project Termination: The land use rights holder shall submit a project termination application to the Economic Development Bureau of the Cooperation Zone, which will assess compliance with the investment agreement and coordinate with relevant departments to draft a project termination plan.
2. Project Termination Plan: The project termination plan shall include, but is not limited to, details such as the project’s production commencement date, investment intensity, compliance with output efficiency standards, tax completion status, reasons for termination, area of land to be returned, refund of land price, disposal of buildings and structures, compliance status of the land use rights holder, and any breaches and their handling.
3. Execution of Agreements: The Economic Development Bureau of the Cooperation Zone shall, in coordination with relevant departments, organize the implementation of the project termination plan. The Economic Development Bureau of the Cooperation Zone and the land use rights holder shall sign a project termination agreement, and the Urban Planning and Construction Bureau of the Cooperation Zone shall sign an agreement with the land use rights holder for the return of state-owned land use rights.
4. Land Price Refund: The Urban Planning and Construction Bureau shall commission an evaluation agency to assess the refund of the land price based on the original point of grant or lease. The assessment results will be included in the project termination plan and serve as a reference for decision-making. Disposal of buildings and structures shall follow the terms in the land granting (or lease) contract, which may include compensation for residual value, reclaiming the land without compensation, or requiring the land use rights holder to restore the land to its original state. In the absence of specific terms, disposal shall comply with relevant laws and regulations. Any interest accrued on the original land price shall not be refunded.
Chapter VIII
Supplementary Provisions
Article 40.
Right of Interpretation
These measures shall be interpreted by the Urban Planning and Construction Bureau of the Cooperation Zone.
Article 41.
Consistency with Previous Measures
Land supplied prior to the issuance of these provisions shall adhere to the previous regulations. In the event of inconsistency with the provisions of this document, these provisions shall prevail.
For matters not specified herein, relevant laws, regulations, and policies shall apply.
Article 42.
Effective Date
These Measures shall come into effect on November 3, 2023, and remain valid for a period of five years.