CIRCULAR OF THE MINISTRY OF LAND AND RESOURCES ON PROMULGATING AND IMPLEMENTING CONTROLLING INDEX FOR INDUSTRIAL PROJECTS CONSTRUCTION LAND UTILIZATION (FOR TRIAL IMPLEMENTATION)
Circular of the Ministry of Land and Resources on Promulgating and Implementing Controlling Index for Industrial Projects Construction
Land Utilization (for Trial Implementation)
Guo Tu Zi Fa [2004] No. 232
November 1, 2004
Departments of land and resources (departments of land, environment and resources, bureaus of land, resources and house administration,
bureaus of house, land and resources administration, and bureaus of programming, land and resources) of provinces, autonomous regions
and municipalities directly under the central government, bureaus of land administration of PLA as well as bureau of land and resources
of Sinkiang Production and Construction Corps:
In order to implement the Decision of the State Council on Deepening Reform and Strictly Administrating Land ([2004]No. 28), strengthen
the administration of industrial construction projects land and promote intensive utilization of construction land utilization, the
Ministry has formulated the “Controlling Index for Industrial Projects Construction Land Utilization (for Trial Implementation)”
(hereinafter referred to as Controlling Index) and promulgated it.
I.
The administrative departments of land and resources at all levels shall strictly enforce Controlling Index and the relevant index
for industrial projects construction land, strictly control land supply. No land shall be supplied or the acreage of projects land
utilization shall be reduced for industrial projects not meeting the requirements of controlling index. Where there are such special
requirements as technological processes, production security and environmental protection that the Controlling Index really need
to be broken, when applying for construction projects land utilization for preliminary examination and submitting for approval, the
relevant verification documents shall be provided . Not until the circumstance is found truly reasonable, preliminary examination
is passed or land utilization is approved, and legal documents such as approval documents and land use contract shall be filed with
administration departments of land and resources of provinces (autonomous regions , municipalities directly under the central government)
for record.
II.
When supplying land, administration departments of land and resources of cities or counties shall specify requirements of controlling
index and liabilities for breach of a contract such as investment intensity and capacity ratio pursuant to the provisions of Controlling
Index. Land users failing to perform duties shall bear the liability for breach of a contract.
III.
Administration departments of land and resources of cities or counties shall strengthen supervision of the implementation of Controlling
Index, explore good experiences and practice in using land intensively during attracting bid for inviting investments and promoting
industrialization, summarize examples, step up publicity and promotion, continually improve and regulate the enforcement procedures
and measures of Controlling Index, strengthen the evaluation and analysis of the condition of land use, step up efforts to promote
intensive utilization of industrial land utilization, formulate the local index for industrial projects construction land control
on the premise of conformity with the requirements of Controlling Index and file with the Ministry for record.
IV.
The Ministry will appropriately revise Controlling Index according to social and economic development, technological advancement,
requirements of intensive land use and the enforcement of Controlling Index.
The Controlling Index for Industrial Project Construction Land Utilization (for Trial Implementation)
I.
The controlling index for industrial projects construction land (hereinafter referred to as Controlling Index) are formulated to
carry out the basic national policy of treasuring land, rational utilization of land and cultivated land protection, to promote the
intensive utilization and optimum distribution of construction land and improve administration level of industrial projects construction
land.
II.
The Controlling Index is controlling criteria for an industrial project or individual project or its supporting projects in land
use
III.
The Controlling Index is significant norms by which administration departments of land and resources confirm industrial projects
land utilization scale in the stage of pre-examining and examining and approving construction land utilization, and crucial basis
for industrial enterprises and designing entities to establish industrial projects feasible study report and preliminary designing
documents
Where there is index formulated by the state concerning relevant engineering project construction land utilization in an industry
that the industrial project is subject to, it shall be used in conjunction with the present controlling index.
IV.
The Controlling Index is composed of investment intensity, capacity ratio, construction quotiety, and proportion of administrative
office land and social amenities land. Industrial projects construction land utilization must meet the four indexes simultaneously.
1.
Investment intensity shall meet the provision in table 1;
2.
Capacity ratio shall meet the provision in table 2;
3.
Construction quotiety shall not be lower than 30%; and
4.
The acreage of land of administration and social amenities necessary to industrial projects shall not exceed a maximum of 7% of total
acreage of industrial projects land utilization. The building of non-productive accommodations such as residences, expert building,
hotels, hostels and training centers etc. is strictly prohibited.
V.
Industrial projects construction shall adopt advanced production technology and facilities, shorten technological processes and economize
utilization of land. Industrial projects shall be established in standard multistory industrial building production if adapted, and
no land is supplied separately in principle.
VI.
Industrial projects construction shall strictly control afforestation percentage in production area. In industrial development zone
or industrial projects land, no garden-like factory is permitted.
VII.
This Controlling Index is composed of four parts, i.e. text, Application Introduction of Controlling Index (Appendix 1), City Grade
Division (Appendix 2) and Notes on the Classification of National Economic Industries (Appendix 3).
VIII.
The controlling index shall apply to newly-built industrial projects and mutatis mutandis to reconstruction and expansion industrial
projects.
