Controversy Project
This article is written in the spare time, written for a few months, to the end of the writing, the new "land acquisition into a piece of development standards" has not yet come out, therefore, the whole article is still in line with the first edition of the standard, before the publication of the new version of the new edition, but the change is not too big, the article focuses on several issues such as development boundaries, validity periods, etc. have been adjusted, but on the whole, it is basically based on continuation. Therefore, I did not update the content of the article, but at the end I briefly talked about the new version of the standard.
1. The historical background of the development plan
As we all know, on November 5, 2020, the Ministry of Natural Resources issued the "Land Acquisition and Development Standards (Trial)" (Natural Resources Gui 2020 No. 5), and then we have the work and related requirements of our development plan (and the problems I encountered in the early stage).
However, we should know that the concept of development and construction was put forward as early as 1956, and in the process of tortuous development, it has been constantly explored and gradually matured.
The Interim Administrative Measures for the Development and Operation of Parcels of Land by Foreign Investors was promulgated on May 19, 1990, and it can be seen that by this period, the objectives, requirements, and procedures of the development plan of the parcels have begun to take shape.
Subsequently, after continuous improvement and development, as well as the new situation and new problems encountered in the specific implementation process, Article 45 of the newly revised Land Management Law of the People's Republic of China in 2019 clearly stipulates that six types of situations can be expropriated in accordance with the law, and the development and construction of patches is one of themIt is required that the development of the whole area shall meet the standards stipulated by the competent department of natural resources.
Because the land management law mentions that the development and construction of the whole area needs to meet the relevant standards, and it has to beStandards set by the competent authorities of natural resources. Therefore, in November 2020, the Ministry of Natural Resources issued the Notice on the Standards for the Development of Land Acquisition and Parcels (Trial) (hereinafter referred to as the "Standards"), clarifying the content, principles and requirements of the preparation of land acquisition and development plans and other relevant standards.
Second, the main content of the "Standards".
1) Pay attention to ecological sustainable development.
In the process of compiling the land acquisition and development plan, it is necessary to pay attention to the protection of cultivated land, the conservation of intensive land use, the protection of the legitimate rights and interests of farmers, the protection of the ecological environment, and the promotion of high-quality and sustainable economic and social development.
2) What is film development.
"Piecemeal development" refers to the determination of territorial spatial planningConcentrated construction areas within the boundaries of urban developmentComprehensive development and construction activities of a certain range of land organized by local people at or above the county level.
This is the most "headache" in practice. Fortunately, in August 2023, the Ministry of Natural Resources issued an announcement on the public consultation on the "Land Acquisition and Development Standards" (Consultation Draft), and adjustments have been made in the latest Consultation Draft.
3) Inclusion in the annual plan for national economic and social development.
4) Public participation.
5) The subject of the declaration.
The local people's ** organization at or above the county level shall be organized and implemented by the provincial people** for approval.
6) The main content of the program.
7) Expert argumentation.
8) Special circumstances.
In the following four cases, the development plan cannot be approved.
3. Problems that need attention
1) Adhere to the new development concept and put the people at the center.
The standard proposes that "land acquisition and development should adhere to the new development concept and be people-centered". This sentence is not written casually, it has a source.
This sentence comes from the "Proposal of the Communist Party of China on Formulating the 14th Five-Year Plan for National Economic and Social Development and the Long-Range Objectives for the Year 235", which is an important part of the principles that must be followed in economic and social development during the "14th Five-Year Plan" period. This reflects the consistency and continuity of China's current policy system, and also reflects the authoritative and scientific nature of the national economic and social development plan.
2) Implement the decision-making and deployment of "narrowing the scope of land acquisition".
As we mentioned earlier in the historical context, the development and construction of patches is not only a concept of overall planning, but also to prevent land waste and overdevelopment. In the new era, strict requirements have been made for saving land, narrowing the scope of land acquisition, and reducing the allocation of non-public welfare land, which is also the reform direction established by the Third Plenary Session of the 18th Central Committee of the Communist Party of China.
The requirements of the "Standards" for the land acquisition and development plan are the implementation of the reform and deployment of the first to further narrow the scope of land acquisition. At the same time, we should also see that with the rapid development of China's economy and society, the overall management of mountains, rivers, forests, fields and lakes, the harmonious coexistence of man and nature, and the proposal of the "double carbon" goal, in the next urban construction process, the scope of land acquisition will continue to shrink, and it is an inevitable trend to develop in patches.
In addition, the "Standards" include "paying attention to cultivated land protection" as one of the requirements, which is also the same reason.
3) Pay attention to democratic decision-making and enhance procedural awareness.
The participation of villagers in decision-making is written into the "Standard" as a strong stroke, and it is one of the prerequisites for decision-making, which fully reflects the participation right of village collective economic organizations; Giving them the right of veto also reflects the state's attention to safeguarding the legitimate rights and interests of farmers, and is also a concrete compliance with the connotation and significance of land expropriation in the Standards. At the same time, the development plan should also listen to the expert committee composed of the people's congress and experts, and the conclusion of the demonstration should be an important basis for approving the plan.
On the other hand, the development plan for the whole area should be prepared on the basis of the local national economic and social development plan, territorial and spatial planning, etc., and should be incorporated into the annual plan of local national economic and social development.
Fourth, a few immature thoughts
1) The public welfare nature of the development of the piece.
It has been noted that the development of the land is located in Article 45 of the Land Management Law of the People's Republic of China, but the precondition of Article 45 is: ".It is necessary for the public interest”。As to whether the development of the whole area is of a public interest nature, the controversy was particularly great when the Land Management Law was revised, and there has always been controversy in the process of the "Standards" system.
Because when it comes to land acquisition, it is natural to think of land listing and trading - commercial land, which is also the main contradiction of the debate.
Allowing public welfare projects to expropriate land is based on the overall planning of economic construction and development, fully considering the conservation of land, the ecological environment and the economic interests of the village collective, and the narrowing of the scope of land acquisition must be implemented to the letter. However, land expropriation, as an important way to use land for various types of construction, played a vital role in the rapid development of industrialization and urbanization in China in the first 30 years. At this stage, in the period of transformation of old and new development momentum, it is not yet possible to engage in "one-size-fits-all", under the guidance of the idea of "narrowing the scope of land acquisition", to find a way out for commercial and residential, industrial, commercial and other operational project land, we must take into account the stability and continuity of economic and social development, and give these operational projects a channel to use collective land. At the same time, in relatively backward areas, business projects can promote local economic development and increase employment opportunities, and from this point of view, they also have "public welfare attributes" - they need to be strictly restricted in attribute identification, scale and scope, and procedures.
b) Several important issues.
The concept of piecemeal development is proposed to break the "single-handedness" of the project, promote the rational layout of urban and rural land space, optimize the structure, improve the functions and complete the facilities through the perspective of regions and patches, make efficient and comprehensive use of land resources, deal with the interests of all parties as a whole, promote the conservation and intensive utilization of land resources, and promote the green and low-carbon development of the economy and society.
However, there are some requirements and provisions in the formulation process of the "Standards" are non-rigid constraints, which is to take into account the uneven nature of economic development in various parts of our country - it is difficult to reconcile the mouth, and it is impossible to unify the standards, which requires the provincial planning department, combined with the actual situation of the province, to understand the spirit of the "Standards" and formulate relevant standards.
1.The scale of the piece-by-piece development
The development of a piece of land should first break the project thinking, and the implementation plan for the development of a piece of land cannot be compiled around the land acquisition project. The scale of development should fully consider the natural conditions, the plots should be relatively concentrated, and the land should be concentrated and contiguous as much as possible, with geographical factors or transportation infrastructure as the boundary, and the land use structure and layout should be reasonably adjusted through the development and utilization of the land, so as to promote the connotative, intensive, and green high-quality development of urban and rural areas. When necessary, it should also be considered and implemented in conjunction with the plots that have been built and are under construction.
In addition, the scale should be quantified so that it can be easily executed. Henan Province, for example, described the scale of development and gave an upper limit to the scale.
In fact, the upper limit is still a total amount of thinking, and Beijing has given specific indicators in this regard, and has also clarified the applicable types of film development.
2.Functional positioning of the development of the film
First of all, it is necessary to plan in advance the connection between the implementation plan for the development of the whole area and the preparation of the territorial spatial plan. Second, it is necessary to clarify the relationship between the development plan and the regulatory detailed plan (block control plan). Through the "Standards", we know that the depth and substantive function of the preparation of the implementation plan for the development of the film is not as good as the overall plan and detailed planning, and it is currently more inclined to be the procedural function and the legal function - from my experience of running the preliminary procedures.
3.About the proportion of land used for public welfare
First, from a practical point of view, taking into account the scale of development and the service radius of public welfare facilities, if there is a regulatory detailed plan, when compiling the development plan, the proportion of public welfare land should be verified from the level of the regulatory detailed plan, and a single development plan should not be approved.
Second, the proportion of public welfare land is not less than 40%, fuzzy treatment, not operational, we have mentioned earlier, the economic development status of different places, if the "one-size-fits-all" standard is stipulated, it may cause serious constraints on local economic and social development. Therefore, when the provincial departments issue detailed rules, they should clarify the specific categories of public welfare land. For example, in Tianjin, the proportion of public welfare land has been subdivided, and the 40% requirement is strictly implemented within the city (town), and the development zone (national, municipal) and demonstration industrial parks are specifically determined according to the projects to be arranged; At the same time, it is also clarified which land belongs to public welfare land, so that in the process of practical operation, communication and work efficiency will be greatly improved.
PS: There is certainly nothing wrong with including road land and green space in the scope of public welfare. However, from another point of view, the setting of public welfare ratio requirements is from the implementation of a comprehensive conservation strategy, urban-rural integration development, and improvement of the quality of life to plan and implement the construction, if only a simple use of roads, green space and other requirements to meet the requirements of public welfare indicators, can not truly achieve high-quality urban construction, but also once again proves that the current development plan is more of a procedural and legal process before land acquisition.
Third, for some special circumstances, such as land used for the construction of resettlement houses, rental housing and other land within the scope of land acquisition, as well as supporting commercial service land around industrial parks and residential communities, its attributes also have the nature of public welfare, and on the basis of establishing a scientific review and identification process, relevant supporting materials should be provided and included in the scope of public welfare land use according to a certain proportion.
4.Quantification of inefficient land
There are two situations in which the development plan is not approved, one is that it is approved but not supplied, and the other is that the utilization is low. Recently, the Ministry of Natural Resources has successively issued the "Notice on Doing a Good Job in the Management of Urban Development Boundaries (Trial)" and "Notice on Carrying out Pilot Work on the Redevelopment of Inefficient Land", which is also constantly improving the relevant systems.
Among them, the lack of supply and inefficiency of utilization is only a concept, which cannot be quantified and implemented, and Zhejiang Province has given their answer to this problem. They gave quantitative standards for the lack of supply and low utilization efficiency from several dimensions, such as the total amount of land and the economic index per mu.
5.The validity period of the finished development plan
Regarding the validity period of the development plan, in fact, this is a small problem, and some places stipulate that it is three years, such as Zhejiang and Henan, which is mainly due to the validity period of the "standard" itself is three years; Some places stipulate five years, such as Guangdong Province.
The standard is valid for three years, which reflects the prudent attitude of the national policy, is easy to revise and improve, and guides the work more scientifically. However, from practical experience, a comprehensive development project of a certain size can be completed overnight from planning, design, approval and implementation to 2 3 years, and considering that the development plan should also be included in the annual plan for national economic and social development, it is suggested that the validity period can be adjusted to 5 years to ensure the continuity of implementation, and at the same time, the adjustment of the implementation plan and the addition and withdrawal of items should be given a clear path and a certain degree of local autonomy.
Procedural propriety of expert review
It should be said that the development of the whole piece is decided by the villagers, and the development plan is reviewed by the expert committee, and the review conclusion is ......used as an important basis for decision-makingThe Standards anticipate and answer the problems in the process, but they are only general principles. When each province promulgates detailed responsibilities, it should highlight the procedural legitimacy of expert review in the system construction and review procedures, and should not be reduced to procedures or "vases".
3) The effect of the development of the parcel on the market entry of the market.
To be precise, the "collective land" that is put into the market is the land used for the construction of rural collective management. There are three types of rural collective construction land, in addition to rural collective management construction land, there are also residential land and public welfare public facilities land.
It has also been a long process for the market to enter the market.
Strict control stage: reform and opening up to the end of the 90s of the 20th century.
Exploratory phase: early 21st century to 2008.
Gradual opening phase: 2008 to 2013.
Comprehensive deepening stage: 2014 to 2017.
Legislative opening stage: 2018 to present.
According to the new Land Management Law, there are strict conditions and procedures for the entry of land into the market. If you look carefully at the second paragraph of Article 63, it sounds familiar.
Yes, there is an intersection in the democratic resolution process between the development of patches and the entry of collectively operated construction land into the market, and there is a "zero-sum" relationship between them - collective management construction land within the scope of urban construction land. In other words, the development of a piece of land has seized the resources of collective management construction land and squeezed out its space for entering the market -- the approval of a piece of development plan will reduce the demand for land to enter the market by one point.
Although expropriation is a legal act carried out through state power to achieve the purpose of public interest, it will inevitably affect the entry of land into the market, and then affect the land rights and interests of collective economic organizations and farmers. Therefore, strictly restricting land acquisition for development is to adhere to the basic principle of "improving the living standard and ensuring the long-term livelihood" of land-expropriated farmers; On the other hand, due to the current international environment, the local financial pressure is increasing, the debt risk is worrying, the cost pressure of old city renovation is increasing, the first-level development and shantytown transformation are gradually closed, and other types of expropriation are also strictly restricted.
5. About the new version of the Standards
So much has been said above, all for the 2020 version of the Standard. Not long ago, the new version of the "Standards" has come out. You can search for it yourself. Let's take a brief look at the differences between the old and new versions.
First, there is the difference in definition. The scope of development shall be modified from the centralized construction area within the urban development boundary determined by the territorial spatial planning to the scope of urban construction land。I don't know how this change will affect others, but that's why I run a project that ......10,000 words are omitted here.
Secondly, we also said earlier that the development plan of the film should have a path of "modification" and "addition and retreat", and the new "standard" also gives a solution, so I will not repeat it here.
By the way, as long as the proportion of public welfare land is not lower than the regulations, there is no need to prepare a land acquisition development plan if the land needs to be expropriated in the approved free pilot zone.