measures of guangzhou municipality for implementation of the renovation of old villages, old factories and old towns  广州市司法局网站-凯发k8官方

　　(issued on april 8, 2024 in accordance with decree no. 208 of the people's government of guangzhou municipality）

　　chapter i    general provisions

　　article 1     these measures are formulated in accordance with the provisions of land administration law of the people's republic of china, law of the people's republic of china on urban and rural planning, measures of guangdong province for management of the renovation of old towns, old factories and old villages and other relevant provisions, on the basis of the actual conditions of this municipality and with a view to strengthening the management of the renovation of old villages, old factories and old towns (hereinafter referred to as the “three olds”), improving the level of land conservation and land use intensification, optimizing spatial structure, improving urban functions, inheriting historical and cultural heritage, optimizing industrial structure, improving living environment and promoting high-quality economic and social development.

　　article 2     these measures shall apply to the “three olds” renovation projects and related supervision and management activities within the administrative areas of this municipality.

　　the “three olds” renovation projects referred to in the preceding paragraph include only those that have been approved or introduced into cooperative enterprises before the implementation of these measures, as well as other “three olds” renovation projects recognized by the municipal people's government.

　　article 3     the “three olds” renovation shall follow the principles of government guidance, market operation, overall planning, categorized implementation of policies, reasonable compensation, respect for history and collaboration for shared benefits.

　　article 4     the municipal people's government shall be responsible for coordinating the “three olds” renovation work within the administrative areas of this municipality. the municipal authority leading the work on urban renewal shall be responsible for the research and deliberation on major matters related to the “three olds” renovation.

　　the municipal administrative authority in charge of housing and urban-rural construction shall be responsible for organizing, coordinating and managing the “three olds” renovation work, and organizing the implementation of these measures.

　　the municipal authority in charge of planning and natural resources shall be responsible for the planning and land management of the “three olds” renovation.

　　the municipal authorities in charge of development and reform, industry and information technology, finance, ecological environment, transportation, water affairs, agriculture and rural affairs, culture, radio, television and tourism, local financial regulation, urban management and comprehensive law enforcement, forestry and landscaping, taxation, and the like shall make due efforts for the “three olds” renovation ex, officio.

　　article 5     each district people's government shall be the first entity responsible entity for the “three olds” renovation work within its jurisdiction and shall be responsible for coordinating and promoting the “three olds” renovation work within its jurisdiction, organizing basic data surveys, preparing and reviewing renovation plans and related plans, and organizing relocation and resettlement, construction management and other related work to maintain social stability.

　　the authority designated by each district people's government shall be responsible for organizing the specific implementation of the “three olds” renovation work within its jurisdiction.

　　article 6     the “three olds” renovation may fall into the following categories:

　　(1)comprehensive renovation, which refers to the redevelopment of “three olds” lands through demolition and construction, or the ecological restoration and land reclamation of “three olds” lands;

　　(2)minor renovation, which refers to the renovation and upgrading of “three olds” lands by such methods as partial demolition, functional changes, decoration and repair, improvement of public facilities and fire-fighting facilities, while maintaining the basic construction pattern unchanged;

　　(3)mixed renovation, which refers to a renovation type that combines comprehensive renovation and minor renovation.

　　article 7     the people's government, the original obligee and other market entities may act as renovation entities to implement the “three olds” renovation.

　　when choosing entities for cooperative renovation, state-owned enterprises, collective economic organizations or other obligees playing a dominant role in public sector of the economy shall take open approaches such as bidding and public offering. where there exist other provisions in laws, rules or national/provincial regulations, such provisions shall prevail.

　　where the lands or above-ground buildings or structures within the scope of a “three olds” renovation project involve different obligees, a single entity shall be formed for renovation through such methods as expropriation and parcel land integration, valuation and conversion into shares and equity transfer.

　　article 8     in the “three olds” renovation, investigation and evaluation of historical and cultural heritage shall be carried out as required, and a special chapter on the investigation and evaluation results of historical and cultural heritage shall be included in the renovation plan to strengthen the protection and rational utilization of historical and cultural heritage, maintain the urban context and texture, inherit and promote excellent historical and cultural heritage, and promote coordinated development of urban and rural construction and historical and cultural heritage.

　　article 9     in the “three olds” renovation, efforts shall be made to strengthen urban greening and tree protection, and a special chapter on tree protection shall be included in the renovation plan to minimize the occupation of green spaces, relocation, and logging of trees; if unavoidable, a protection and utilization plan shall be proposed in the special chapter on tree protection.

　　article 10   the “three olds” renovation shall follow the principles of land conservation and land use intensification, energy and water conservation, and low carbon and environmental protection, implement the requirements of sponge city construction, promote the use of new technologies, new processes, new materials and new equipment, and carry out construction of green buildings and green renovation of existing buildings in accordance with the requirements of green development to create a livable environment.

　　article 11    this municipality shall establish a mature public participation mechanism for the “three olds” renovation, and safeguard the rights of obligee, stakeholders and the public to be informed, to participate, to be heard and to oversee in the “three olds” renovation process in accordance with the law.

　　this municipality shall establish a mature consultation mechanism for the “three olds” renovation. based on the actual needs of the project, relevant experts, npc deputies, cppcc members and public representatives will be invited to participate in the evaluation, demonstration, consultation and other relevant activities of the project.

　　article 12   the “three olds” renovation may raise funds through multiple channels, including:

　　(1)central and provincial subsidy funds;

　　(3)the “three olds” renovation funds invested by market entities participating in the renovation;

　　(4)the “three olds” renovation funds raised by the original obligees on their own;

　　(5)other funds that comply with regulations.

　　the municipal and district people's governments may allocate a certain amount of funds each year for the construction of urban infrastructure and affordable housing projects involved in the “three olds” renovation, and coordinate the economic balance among different “three olds” renovation projects.

　　article 13   the municipal administrative authority in charge of housing and urban-rural development shall establish a regular basic data investigation system and basic databases, and the district people's government shall be responsible for basic data investigation, verification and other related work.

　　in the early stage of the “three olds” renovation, investigations shall be conducted on the current basic data of land, housing, population, economy, industry, cultural relics, ancient and famous trees, public service facilities and municipal infrastructure. specific implementation of basic data investigation, management and utilization shall be carried out in accordance with relevant regulations.

　　the municipal administrative authority in charge of housing and urban-rural development shall establish a basic data sharing and exchange mechanism, and all relevant authorities shall provide and update data in accordance with their respective responsibilities to promote the sharing and utilization of data resources.

　　chapter ii  planning and management

　　article 14   the “three olds” renovation shall be based on china spatial planning and shall not violate the mandatory content of china spatial planning. the “three olds” renovation shall adhere to the overall guidance and rigid control of china spatial planning, accurately allocate spatial resources, provide industrial development space and build public service facilities.

　　the detailed china spatial planning is the legal basis for the planning permission and implementation of the “three olds” renovation projects.

　　article 15   the shall clearly define the overall goals, scale and zoning and classification strategies for the “three olds” renovation.

　　the district-level overall spatial planning shall implement the requirements for the “three olds” renovation specified in the municipal-level overall spatial planning, refine zoning and classification strategies, and propose important requirements for the planning and layout of public service facilities and municipal infrastructure.

　　article 16   the municipal authority in charge of planning and natural resources may, based on actual needs and the overall china spatial planning, organize the preparation of municipal-level special plans for the “three olds” renovation, and submit them to the municipal people's government for approval before incorporating them into the “one map” regulatory system of china spatial planning.

　　the municipal-level special plan for the “three olds” renovation shall clearly specify the implementation goals and scale of the “three olds” renovation in this municipality, the zoning and classification implementation strategy, the list of positive and negative aspects and the schedule for step-by-step promotion, and make a good connection with the detailed china spatial planning.

　　article 17   the municipal authority in charge of planning and natural resources shall be responsible for coordinating and organizing the preparation of a detailed plan for the “three olds” renovation units, and proposing specific requirements for renovation goals, renovation types and regional coordination.

　　the detailed plan for the “three olds” renovation units shall specify the dominant attributes of the renovation units, land use function layout, total construction volume, proportion of industrial development and construction volume, urban design, historical and cultural heritage protection, supporting construction regulations on public service facilities and municipal infrastructure land, as well as the land use nature, plot ratio, green space ratio and other contents of the planned land parcel.

　　the detailed plan for the “three olds” renovation units shall implement hierarchical and classified control of units and land parcels.

　　article 18   after the detailed plan for the “three olds” renovation units is approved by guangzhou land resources and planning commission, the municipal authority in charge of planning and natural resources shall submit it to the municipal people's government for approval.

　　the modification, partial adjustment and technical revision of the approved detailed plan for the “three olds” renovation units shall be handled in accordance with relevant regulations.

　　the municipal authority in charge of planning and natural resources shall regularly organize relevant authorities and experts to evaluate the implementation of the detailed plan for the “three olds” renovation units.

　　article 19   the “three olds” renovation project in any of the following situations may be rewarded with an additional plot ratio in accordance with relevant regulations, provided that it is affordable to the resources and environment and not affects spatial quality:

　　(1)providing an eligible land for free to the government for reserve;

　　(2)providing a land for public service facilities at a level above the prescribed standards;

　　(3)contributing to the protection of historical and cultural heritage.

　　article 20   where there is a surplus in the construction volume of the detailed plan for the “three olds” renovation units compared to the actual construction volume of the renovation project, it shall be coordinated and arranged by the municipal and district people's governments, with the priority given to affordable housing projects, historical and cultural heritage protection and utilization projects, renovation projects of old residential communities, construction of regional public service facilities, and balancing the “three olds” renovation in different locations.

　　chapter iii     plans and schemes

　　article 21   the municipal administrative authority in charge of housing and urban-rural development shall be responsible for organizing the preparation of medium-term and long-term construction plans for the “three olds” renovation projects. the medium-term and long-term construction plan for the “three olds” renovation projects shall delineate the renovation implementation areas based on the china spatial planning, guide project implementation, and specify key projects and project implementation timelines.

　　article 22   the municipal administrative authority in charge of housing and urban-rural development shall include the “three olds” renovation projects into the urban renewal project reserve, prepare an annual project plan, and implement dynamic and linked management.

　　after the “three olds” renovation project is included into the project reserve, the preliminary work such as the preparation and review of relevant area planning schemes, basic data investigation and verification, introduction of cooperative enterprises and preparation and review of project implementation plans shall be carried out in accordance with relevant regulations; those that meet the conditions may be included in the annual project plan as per relevant procedures.

　　article 23   for the area designated for the implementation of the “three olds” renovation, the municipal administrative authority in charge of housing and urban-rural development or the district people's government shall, in accordance with relevant technical specifications, prepare a planning scheme for the designated area, specify the scope of the designated area, development strategy, industrial direction, renovation types and modes, balance of interests, implementation timetable and other related contents, and coordinate the renovation of the vast stretches of the designated area.

　　the planning scheme for the designated area shall be subject to expert argumentation, public participation and public comments collecting before being submitted to the authority leading the work on urban renewal for deliberation and approval; if it involves the adjustment of the detailed china spatial planning, the approval of the adjustment of the detailed china spatial planning shall be obtained before the approval of the planning scheme for the designated area.

　　if the approved planning scheme for the designated area needs to be adjusted, it shall be submitted to the original approval authority for deliberation and approval.

　　article 24   the district people's government shall, in accordance with relevant technical specifications, organize the preparation of project implementation plans based on the detailed china spatial planning and the planning scheme for the designated area.

　　the project implementation plan shall be subject to expert argumentation, public participation and public comments collecting before being submitted to the authority leading the work on urban renewal for deliberation; after being approved upon deliberation by the authority leading the work on urban renewal and approved by the competent authorities, the project implementation plan will serve as the basis for project implementation. the approval of the project implementation plan shall be published on the government portal website.

　　if the approved project implementation plan needs to be adjusted, it shall be submitted to the original approval authority for deliberation, provided that it may be approved upon deliberation by the district people's government as per relevant procedures if it meets all the following situations simultaneously:

　　(1)does not involve modifications to the detailed china spatial planning;

　　(2)does not increase the total area of reconstruction and resettlement specified in the planning scheme for the designated area;

　　(3)does not reduce the surplus construction area and land allocated by the municipal people's government.

　　article 25   if the “three olds” renovation project involves land expropriation, the district people's government shall carry out pre-announcement of land expropriation, investigation and confirmation of land status, social stability risk assessment, announcement of land expropriation compensation and resettlement, handling of compensation registration, signing of land expropriation compensation and resettlement agreement and other pre-expropriation work in accordance with relevant regulations.

　　the pre-expropriation work as stipulated in the preceding paragraph may be carried out simultaneously with the preparation, approval and implementation of the project implementation plan.

　　article 26   this municipality shall establish a multi-project linkage mechanism for the “three olds” renovation, through which the renovation projects of old residential communities, historical and cultural heritage protection and utilization projects and renovation projects within special control areas may be combined with other comprehensive renovation projects for unified planning, implementation and operation.

　　article 27   the planning scheme for the designated area and the project implementation plan may be prepared synchronously, reviewed synchronously and submitted simultaneously to the authority leading the work on urban renewal for deliberation and approval.

　　article 28   this municipality shall establish an exit mechanism for the “three olds” renovation projects and strengthen the time limit management of the projects.

　　when the time limit specified in the approval of the project implementation plan expires, if the renovation project of old villages or towns does not meet the requirements for signing the compensation and resettlement agreement or if the renovation project of old factories has not completed the agreement signing or land transfer procedures, the project implementation plan shall be reapproved upon deliberation by the competent authorities.

　　in case of the circumstances specified in the preceding paragraph are caused by objective reasons such as policy adjustments, planning adjustments and major public events, an application may be submitted to the original approval authority for extension before the time limit approved in the project implementation plan expires.

　　chapter iv      land use management

　　the municipal and district people's governments shall, in accordance with the china spatial planning, comprehensively utilize such public policies as “three olds” renovation, land management and planning management, promote land consolidation, achieve spatial restructuring of land resources, property rights reconstruction and benefit sharing, and tap the full potential of the existing inefficient construction land.

　　for the “three olds” renovation project involving land consolidation, the district people's government shall organize the preparation of a special chapter for land consolidation, which shall be included in the detailed planning of the “three olds” renovation units, the planning scheme for the designated area and the project implementation plan as per relevant procedures.

　　article 30   if a “three olds” renovation project involves replacing the “three olds” land within the scope of the provincial “three olds” renovation land parcel database with another construction land, or with a non-constructive land within the scope of this project through reclamation, the replaced land parcel shall be included in the provincial “three olds” renovation land parcel database in accordance with relevant regulations; the original land parcel will be no longer part of the “three olds” land.

　　article 31   the authority designated by the district people's government shall be responsible for organizing approval materials in accordance with the relevant regulations on the approval of “three olds” land use, and submitting the approval materials, once being reviewed and approved by the district people's government, to the competent authority for approval as per relevant procedures.

　　if it involves the perfection of collective land expropriation, the conversion of old village collective construction land to state-owned construction land, and the handling of expropriation procedures for “three lands” land use and other land use, the district people's government shall carry out the preliminary work of land expropriation in accordance with article 25 herein.

　　for land that has been approved to improve the procedures for historical land expropriation, the subsequent construction approval procedures shall be applied for based on the approval of the project implementation plan to complete the land supply procedures, and shall be handled in accordance with the policy of this municipality for applying for the use of construction land. the land that has been approved to improve the procedures for collective construction lands needs to be transferred to a commercial land or deducted from the economic development retention land quota in accordance with regulations before renovation, except for those included in the comprehensive renovation of old villages.

　　the “three olds” renovation projects included in the annual project plan, if involving the use of newly added construction land indicators, shall be declared and included in the annual land use plan by the district people's government as per relevant procedures.

　　article 32   the land supply for the “three olds” renovation project shall be based on the market evaluation price of a single land parcel or area, and the land transfer fee that the government should charge shall be determined as per relevant procedures by taking into account the renovation costs borne by the renovation entity.

　　the costs of “three olds” renovation include such actual expenses incurred as upfront expenses, demolition and relocation expenses, compensation and resettlement expenses, relocation rewards and public facility construction expenses.

　　article 33   where the “three olds” renovation project requires the recovery of collective land use rights and meets the legal conditions, rural collective economic organizations may take a law-based approach to recover the collective land use rights and provide appropriate compensation to the obligee holding the right to use the collective land in accordance with relevant regulations.

　　with the approval to reclaim the right to use a collective land in accordance with the law, if the original obligee holding the right to use the collective land refuses to surrender the land upon the expiration of the prescribed time limit, the district people's government responsible for organizing the implementation of the “three olds” renovation shall handle it in accordance with the law; if failing to reclaim the right to use the collective land after handling in accordance with the law, the district people's government may apply to the people's court for enforcement in accordance with relevant national regulations. during the enforcement of the people's court, the district people's government responsible for organizing the implementation of the “three olds” renovation shall provide support and assistance.

　　article 34   within the scope of the “three olds” renovation project, for immovable property that a compensation and resettlement agreement has been signed and compensation has been made in accordance with the law, the original obligee or its entrusted entity shall apply for deregistration of the original rights to the immovable property in accordance with the law. if there are provisions on deregistration of the original rights to the immovable property in the compensation and resettlement agreement, such provisions shall apply to the handling of deregistration procedures, provided that they shall not violate the mandatory provisions of laws and regulations.

　　after the decision to expropriate houses on state-owned land, the decision to expropriate collective land, or the decisionon punishment for refusing takes effect, the district people's government shall pay the full compensation amount or set aside such amount by notarization, and then notify the immovable property registration agency in writing to handle the deregistration of the original rights over the immovable property.

　　the obligee or its entrusted party may, in accordance with the law, handle the immovable property registration procedures related to the division of resettlement housing based on identification documents, compensation and resettlement agreements and household division agreements.

　　chapter v  supervision and management

　　article 35   the municipal administrative authority in charge of housing and urban-rural development shall dynamically supervise and coordinate the progress of the “three olds” renovation work in each district, be responsible for formulating project supervision guidelines and guidance templates for supervision agreements, summarizing and reviewing statistical data on the effectiveness of renovation in each district, and conducting dynamic inspections, spot checks and evaluations of the “three olds” renovation projects in this municipality.

　　the municipal administrative authority in charge of housing and urban-rural development shall establish a regular assessment and notification system for the implementation of key “three olds” renovation projects, with a focus on the assessment of construction of normalized work mechanisms, the use of funds for the “three olds” renovation, the completion of annual renovation goals, and post-approval supervision measures for renovation projects, and take the assessment results as an important basis for the preparation of annual project plans and the allocation of financial funds for the “three olds” renovation invested by the government.

　　article 36   the district people's government shall be responsible for the supervision of project implementation within its jurisdiction; specifically, supervising the introduction of cooperative enterprises, project progress, supporting construction and transfer, use of reconstruction and resettlement funds and financial funds, relevant voting processes and social risk prevention.

　　except for projects where the government is the renovation entity, the district people's government shall sign a supervision agreement with the renovation entity of the “three olds” renovation project, clarifying specific supervision measures and the responsibilities of the renovation entity.

　　where the renovation entity fails to promote the implementation of the renovation project according to the approved project implementation plan, the district people's government shall urge the renovation entity to make rectification and handle it according to the actual situation of the “three olds” renovation project.

　　article 37   except for the “three olds” renovation projects that are expropriated and reserved by the government, the “three olds” renovation projects involving reconstruction and resettlement shall open an account for reconstruction and resettlement funds. the district authority in charge of “three olds” renovation shall sign a reconstruction and resettlement fund agreement with the bank of deposit, renovation entity and other related entities to escrow the use of funds and ensure the dedicated use of funds.

　　the funds for reconstruction and resettlement include the construction costs of reconstructed properties, temporary resettlement subsidies, subsidies for production and business suspension, demolition and relocation subsidies, municipal infrastructure construction costs and construction costs of supporting public service facility. the funds for reconstruction and resettlement shall be fully deposited and may be deposited through unconditional performance bond plus cash.

　　the specific supervision measures for the reconstruction and resettlement funds shall be formulated separately by the municipal administrative authority in charge of housing and urban-rural development.

　　article 38   the “three olds” renovation work shall follow the procedures of compensation before relocation, start of the construction of resettlement housing ahead of schedule, and timely and properly implementation of the relocation and resettlement work. after the renovation entity provides sufficient compensation according to the compensation and resettlement agreement, the original obligee shall complete the relocation within the relocation time limit specified in the compensation and resettlement agreement or the compensation decision.

　　no organization or individual may use violence, threat or illegal means such as interrupting water supply, heating, gas supply, power supply and road access to force relocation.

　　article 39   the “three olds” renovation shall coordinate the construction of public service facilities including water, electricity, gas, sewage discharge, environmental sanitation and communication, and the construction of municipal infrastructure, solve the hidden danger of regional water immersion, and achieve the “separation of rain and sewage” and underground laying of “three lines”.

　　when the construction of public service facilities and municipal infrastructure under the responsibility of the renovation entity within the scope of the “three olds” renovation project is not started within the prescribed time limit, other construction projects except for resettlement housing shall not be started.

　　article 40   no organization or individual may illegally use land or engage in illegal construction under the guise of the “three olds” renovation.

　　the people's governments of each district shall establish a long-term mechanism to strictly investigate and punish illegal land use or construction activities under the guise of the “three olds” renovation, and eliminate the addition of illegal land use or construction against the law.

　　article 41   where an administrative organ and its staff, in violation of these measures, fails to perform its/his/her duties in accordance with the law, the competent authority shall order it/him/her to make corrections and impose punishment on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　article 42   where relevant organizations or individuals engage in fraud, coercion and fabrication of facts, infringement of personal privacy, leakage of trade secrets, forgery or alteration of documents, dissemination of false information, offering or accepting bribes, and the like when conducting “three olds” renovation work such as the investigation and collection of “three olds” renovation intentions, land and building verification, declaration of “three olds” renovation plans, and preparation and approval of “three olds” renovation plans, the relevant authorities shall investigate and deal with them in accordance with the law; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　chapter vi      supplementary provisions

　　article 43   for the purpose of these measures, the following terms shall have the following meanings:

　　(1)the term “three olds renovation” refers to the activities of redevelopment, reclamation, restoration or comprehensive improvement of the “three olds” land included in the provincial “three olds” renovation land parcel database. the “three olds” renovation project is included in the municipal overall management of urban renewal.

　　marginal parcels, sandwich parcels, mosaic parcels and other parcels, upon approval, may be included in the “three olds” renovation project for overall utilization.

　　(2)the term “three parcels” refers to the marginal parcels, sandwich parcels and mosaic parcels that comply with the detailed china spatial planning but cannot provide separate planning points or cannot be separately mapped and stored, and that need to be included in the renovation project together with the main land parcel for overall utilization due to the need for large-scale renovation, with a cumulative area not exceeding a certain proportion of the total area of the main land parcel.

　　the term “marginal parcel” refers to a land parcel that is separated from the edge of construction planning or linear engineering control land by the “three olds” land.

　　the term “sandwich parcel” refers to a land parcel that is surrounded or mixed with the “three olds” land.

　　the term “mosaic parcel” refers to a land parcel that forms an interactive wedge with the “three olds” land.

　　(3)the term “other land” refers to the land parcels located within the collective ownership scope of the old village renovation project (except for the “three parcels”), which comply with the detailed china spatial planning but cannot be separately mapped and stored, and need to be included in the renovation project together with the main land parcel for overall utilization due to the need for large-scale renovation.

　　(4)the term “mapped and stored”, in terms of the land parcels that meet the conditions and are intended to be included in the “three olds” renovation project for comprehensive utilization, refers to their being plotted parcel by parcel on the “” regulatory system of china spatial planning and integrated into the common platform for national spatial information for unified management and forming a database of “three olds” renovation land parcels.

　　(5)the term “original obligee” includes the owners and holders of the right to use the “three olds” land and its above-ground and underground buildings and structures, as well as the actual land users after handling in accordance with relevant regulations.

　　(6)the term “public facilities” includes infrastructure, public service facilities, public safety facilities, and the like.

　　article 44   these measures shall come into force on may 15, 2024.