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Measures of Guangzhou Municipality on Urban Renewal
(Issued on December 1, 2015 in accordance with Decree No. 134 of the People's Government of Guangzhou Municipality and put into effect on January 1, 2016)
Chapter I General Provisions
Article 1These Measures are formulated in accordance with relevant laws and regulations and relevant provisions of the Ministry of Land and Resources and the provincial government, on the basis of the actual conditions of the Municipality and with a view to promoting the planned development and utilization of urban land, improving urban functions and living environment, transmitting historical culture, optimizing the industrial structure, planning urban and rural development on an overall basis, raising the efficiency of land use, and protecting public interests.
Article 2The term “urban renewal” herein refers to the activities by governments, land rights holders or other eligible parties for revitalizing and utilizing inefficient land stock for construction and for renovating, improving, reconstructing, activating and upgrading dilapidated and dangerous housing in accordance with the “Three Olds” transformation policies, shanty area transformation policies, dilapidated and dangerous housing transformation policies and so on and within the urban renewal planning area.
These Measures are applicable to the urban renewal activities within the administrative area of the Municipality.
Article 3Urban renewal shall comply with the principles of “government guiding, market-oriented operation, overall planning, economical and intensive use, benefit sharing, fairness and openness”.
Article 4Urban renewal shall adhere to people orientation, putting public welfare first, respecting public opinion, and effectively improving people’s livelihood. Urban renewal shall upgrade urban infrastructure, improve supporting public services, promote equalization of basic public services, and create a clean, tidy, safe and orderly environment.
Article 5Urban renewal shall facilitate industrial agglomeration, promote industrial restructuring, transformation and upgrading. Urban renewal shall guide the high-end, low-carbon, clustered, and international industrial development, support finance, science and technology, headquarters economy, e-commerce, culture and sports, and other modern service sectors, promote the high-end development of the manufacturing industry, foster and develop the emerging industries of strategic importance, optimize the environment for development of headquarter economy, and lead industrial transformation and upgrading with headquarter economy.
Urban renewal shall promote industrial project agglomeration, guide the integration, upgrading and transformation of backward industries, support the concentration of superior industries, enterprises, superior resources and elements, and give full play to its radiating and driving functions, and develop industrial clusters driven by competitive industries (products) chains and with strong correlation and high intensity.
Article 6Urban renewal shall adhere to conservation of historic and cultural resources, continue the transmission of history and culture, maintain urban context and texture, create characteristic urban features, and enhance the charm of a historic city.
Urban renewal shall, based on the different cultural features of different regions, explore and exhibit famous cities, famous towns, famous villages, historic districts, old villages, historic buildings and other cultural elements and cultural content, carry forward the glories of cities, exert the display and utilization potentials of historic buildings, and realize a harmonious and coordinated development of the conservation of historic and cultural industries and the urban renewal.
Article 7Urban renewal plans shall be consistent with national economic and social development planning, urban master planning, and overall land-use planning. The implementation of urban renewal shall be combined with the reality of the blocks to be renewed and the scientific planning. In the light of different regional characteristics, transformation strategies and control standards shall be developed to reasonably consider local conditions and density and optimize the spatial and strategic layout of urban development.
Article 8Urban renewal shall enhance public interests, improve the public facilities within the renewal area, fully integrate fragmented land resources, facilitate tract and contiguous renewal, focus on overall regional planning, ensure the synchronized planning, optimized construction and synchronized use of supporting public facilities and municipal infrastructure in urban renewal, realize coordinated, sustainable and organic renewal, and upgrade urban functions.
Urban renewal shall focus on land purchases, reserves and preparation, strengthen government land reserve, and facilitate tract and contiguous renewal according to the development positioning, renewal strategies and industry-oriented requirements identified in the regional planning program.
Article 9Urban renewal shall balance the interests of all parties concerned, establish and improve a land value-added revenue-sharing mechanism, respect and protect the rights and interests of holders of land rights, rationally regulate the interests of village collectives, villagers, original rights holders, market players and government and public interests, ensure the preservation of and increase in State-owned and collective assets, guide and motivate stakeholders to actively participate in the transformation, and realize benefit sharing and win-win situation.
Article 10Urban renewal and transformation shall be based on the actual and local conditions, and shall be done actively and prudently according to capabilities. Urban renewal shall be combined with urban development strategies, rely on the endowment of projects and the surrounding features of land parcels, take an integrated approach, highlight priorities, and be pushed forward from easy to difficult and in an orderly fashion, by way of development and regeneration, improvement and repairs, preservation of history and culture and other classification methods.
Article 11The municipal government shall set up an urban renewal authority. The urban renewal authority is responsible for considering important policies and measures on urban renewal, examining and determining urban renewal programs, plans and urban renewal funds use arrangements, and examining and determining urban renewal block programs and renewal project implementation plans.
The municipal urban renewal authority is in charge of the urban renewal work, responsible for the revitalization and utilization of inefficient land stock for construction and the renewal and revitalization of urban dilapidated and dangerous housing throughout the Municipality, and planning on an overall basis and coordinating the urban renewal work throughout the Municipality; is responsible for drafting urban renewal policies and urban renewal programs, and preparing urban renewal project plans and funds arrangement and use plans; responsible for directing and preparing urban renewal block programs, and reviewing urban renewal project implementation plans; responsible for raising funds through multiple channels, organizing land integration and consolidation within the range of urban renewal by way of expropriation and negotiated purchases, preparing land, and pushing forward tract and contiguous renewal and transformation; responsible for arranging for the management of government’s resettlement housing for urban renewal and the monitoring of funds for reconstruction and resettlement, and strengthening the supervision and assessment on the implementation of urban renewal projects.
Relevant authorities shall deal with the administrative examination and approval of urban renewal projects ex officio.
Article 12Each district government is the primary responsible party for the urban renewal work, responsible for arranging for and pushing forward the urban renewal work within the area under its jurisdiction, organizing the basic data survey with respect to urban renewal and the preparation of urban renewal and transformation plans and relevant programs for the area under its jurisdiction, legally carrying out the work with respect to relocation, resettlement and construction administration, and maintaining social stability.
The urban renewal authority of a district shall organize the implementation of urban renewal within the area under its jurisdiction.
Sub-district offices, town people’s offices, community residents committees, villager committees and other grass-roots organizations shall assist district governments in doing well in the work with respect to urban renewal, and maintain the normal order of urban renewal activities.
Chapter II General Provisions
Article 13The following lands may be incorporated into the range of urban renewal after a request for inclusion in the provincial “Three Olds” transformation block database is submitted:
(1) Industrial land under the policy for “suppressing the secondary industry and developing the tertiary industry” within the urban area;
(2) Land for workshops (or plant sites), which is determined by urban & rural planning to be no longer for industrial use;
(3) Land originally for workshops in the industries in the prohibited or eliminated category under national industrial policies or the low-end or inefficient industries;
(4) Land for workshops which does not comply with works safety and environmental requirements;
(5) Old villages identified by planning to be subject transformation and villages covered by the “rural land reclamation” model project, with scatters layout and backward conditions within the scale and range of urban construction land; and
(6) Zones subject to old city renewal and transformation to be implemented in shanty areas, dilapidated, dangerous and old housing and other sections by government legally.
Article 14The methods of urban renewal include overall transformation and micro-transformation.
Overall transformation means the method of renewal focusing on demolition and reconstruction, and mainly applies to key urban functional zones or urban renewal projects with a great impact on the improvement of urban function, the upgrading of industrial structures or the improvement of urban landscape. Overall transformation does not apply to historic villages or cities.
Micro-transformation means the method of renewal implemented through local demolition and construction of buildings, building function replacement, renovation with reservation, and improvement, protection, activation, and improvement of infrastructure or otherwise and on the premise of keeping the status quo of building pattern unchanged, and mainly applies to the blocks in built-up areas, with little impact on the municipal overall pattern, contradictions between land use status and surrounding development, low efficiency in land use, and poor living environment.
In urban renewal, historic conservation areas and various historic heritage buildings shall be protected in accordance with the provisions of laws and regulations and the requirements of planning, and reasonable function replacement, upgrading, utilization, and renewal are encouraged.
Article 15Urban renewal may be implemented by municipal government departments or district governments and their departments, by an individual holder of land rights, or jointly by several holders of land rights, by comprehensively utilizing government expropriation, purchases through negotiation with holders of land rights, self-transformation by holders of land rights and other modes of transformation.
The treatment of dangerous housing shall be carried out in accordance with regulations regarding housing safety administration.
Where urban renewal is operated through market, honest and trustworthy enterprises adapted to renewal size and project location and with sufficient financial strength, development experience, social responsibility shall be selected.
Article 16The municipal urban renewal authority shall establish a normal basic data survey system, organize and direct district governments to carry out land, housing, population, planning, cultural heritage and other basic status data survey for urban renewal blocks, and establish an urban renewal database. The basic data on urban renewal shall be updated regularly. Municipal land use planning, housing and urban & rural development, housing cadaster and other authorities shall establish a data sharing and exchange mechanism together with the municipal urban renewal authority.
Article 17Key urban renewal projects practice an expert demonstration system. The municipal urban renewal authority shall set up an urban renewal database, and demonstrate the scientificalness, feasibility and rationality of renewal projects that meet conditions.
Article 18Where any “Old Town” renewal involves any important livelihood issues, a public advisory committee may be set up, which shall insist on ‘consulting the people on governance, learning about their needs, and seeking their advice” and safeguard the public’s right to know and right to participate in the “old town” renewal.
With regard to “old village” renewal and transformation, a villager council for “old village” transformation may be set up. The villager council shall comply with the principle of “one village, one council” and be initiated by the “old village” subject to transformation. It may formulate its bylaws, and shall be established in the phase of transformation initiation, and terminate when transformation is completed. Under the leadership of the village Party branch and the villager committee, the villager council shall assist village collective economic organizations, coordinate solicitation for opinion from villagers, interest disputes and conflicts of interest, protect the legitimate rights and interests of village collectives and villagers in “old village” renewal, and push forward “old village” renewal smoothly.
Article 19Urban renewal shall be combined with investigating and dealing with illegal land use and illegal construction.
No entity or individual may carry out illegal construction by taking urban renewal as an opportunity.
Each district government shall establish a long-effect mechanism, strictly investigate and deal with illegal construction or rapid construction of illegal buildings by taking urban renewal as an opportunity, and prevent newly-added illegal land use and illegal construction.
Chapter III Renewal Planning and Programming
Article 20The municipal urban renewal authority shall prepare medium- and long-term plans for urban renewal, and submit them to the municipal urban renewal authority for review and approval.
The medium- and long-term plans for urban renewal shall be in line with the master planning on national economic and social development, urban & rural master planning and master planning on land use. The medium- and long-term plans for urban renewal shall define the guiding ideology, objectives, strategies and measures of medium- and long-term urban renewal, and put forward the scale of urban renewal and renewal priorities.
Article 21The municipal urban renewal authority shall delimit urban renewal blocks together with district government, on the basis of medium- and long-term plans for urban renewal and in combination with urban development strategies.
Article 22The delimitation of urban renewal blocks shall comply with the following provisions:
(1) Ensuring the relative completeness of infrastructure and public service facilities;
(2) Taking into comprehensive consideration such natural elements as roads and rivers and such factors as property boundaries;
(3) Complying with the requirements of tract and contiguity and relevant technical specifications;
An urban renewal block may include one or several urban renewal projects.
Article 23As for an area included in an urban renewal block implementation plan; a block planning program shall be prepared. The block planning program shall include the following information:
(1) Development positioning for the urban renewal block, infrastructure, public service facilities and other functions of land use, industry orientation and layout;
(2) The scope of renewal projects within the urban renewal block, renewal objectives, renewal patterns and methods, total compensation for demolition and relocation, and planning control indicators ;
(3) Urban design guidelines for the urban renewal block;
(4) Economic analysis and sources of funds for implementation on the urban renewal block;
(5) If staged implementation is needed, the blocks (projects) subject to staged implementation and the time sequence of staged implementation shall be listed and the sources of financial resources shall be recommended;
(6) Historical and cultural heritage resources and conservation plans; and
(7) Other items that should be defined.
Article 24The preparation of an urban renewal block planning program shall comply with the following principles:
(1) Focusing on the preservation of city-specific resources, continuing transmission of history and culture, shaping Guangzhou-specific urban landscape, and strengthening the conservation and activation of cultural relics and historic buildings.
(2) Giving priority to safeguarding urban infrastructure, public service facilities or other urban public interest projects; encouraging an increase in public land and economical and intensive utilization of land; encouraging energy saving and emission reduction, and promoting low-carbon green renewal. The area of land for public service facilities and municipal public facilities, in combination with the area and size of block planning shall, in principle, be no less than 30% of the total area under the program.
(3) Fully carrying out land, housing, population status data survey, measuring the costs of transformation and the equity area, and scientifically and reasonably setting the total quantity of planning and construction; fully respecting the legitimate rights and interests of rights holders, and effectively balancing the interests of the public, rights holders and other participants in urban renewal.
Article 25Each urban renewal block planning program shall be formulated in accordance with relevant technical specifications and shall be announced, with opinions sought and expert demonstration organized, according to procedures. The urban renewal block planning program shall be submitted by the municipal urban renewal authority to the municipal urban renewal authority for deliberation.
Article 26Where an urban renewal block approved by the municipal urban renewal authority involves any adjustment to the regulatory plan, the municipal urban renewal authority or district government concerned shall prepare a report on demonstration of regulatory plan adjustment based on the urban renewal block planning program, give advice on the planning program, apply for adjustment to the regulatory plan, and file it with the municipal planning commission, which shall submit to the municipal planning commission for deliberation and to the municipal government for approval.
Article 27The municipal urban renewal authority shall prepare an annual urban renewal plan according to the urban renewal block planning program. Such annual plans include block plans, project implementation plans, and fund using plans.
Each district government shall, prior to the end of June of each year, declare the projects incorporated into the next year’s annual urban renewal plan to the municipal urban renewal authority.
The departments of and the enterprises and public institutions directly subordinate to the municipal government, and the land rights holders may, prior to the end of June of each year, declare the projects incorporated into the next year’s annual urban renewal plan to the municipal urban renewal authority.
Article 28The municipal urban renewal authority shall arrange for and coordinate the declared projects, draft annual plans on urban renewal projects after seeking opinions from the land use planning, urban & rural housing construction, development and reform and finance authorities, and submit them to the municipal urban renewal authority for approval; the funds needed shall be incorporated into annual fixed assets investment plans and arranged in accordance with the sources of financial resource identified by the competent development and reform authority for investment and project initiation. In the case of a project invested in by the public finance, the funds shall also be incorporated into the annual financial budgets at the corresponding level.
Annual urban renewal plans, together with the details of the implementation of renewal projects, may be reported to the municipal urban renewal authority for regular adjustment. The plan of the year, if not completed, may be carried over to the next year for continued implementation.
Article 29For projects incorporated into annual urban renewal plan, district governments shall prepare urban renewal project implementation plans.
The preparation of urban renewal project implementation plans shall comply with the renewal block planning programs and the technical specification for preparation of urban renewal project implementation plans.
Article 30An urban renewal project implementation plan shall be subject to expert demonstration, opinion solicitation, public’s participation, department coordination, decision-making by district governments, and other procedures. After formation of the draft of the project implementation plan and relevant statements, the district people’s government shall file it with the municipal urban renewal authority for coordination and review.
The municipal urban renewal authority shall take the lead and work with member units of the municipal urban renewal authority to hold an urban renewal project coordination meeting to review the project implementation plan and make suggestions. The coordination meeting shall focus on financing, land prices, transformation modes, land supply methods, time sequence of construction and other key content. Where any significant complex matters with respect to the urban renewal project are involved, such matters shall be reported to the municipal urban renewal authority for research after deliberation at the coordination meeting.
After the urban renewal project implementation plan is deliberated, coordinated and demonstrated to be mature, the municipal urban renewal authority shall feedback the review comments in written form to the local district government, which shall modify and complete the project implementation plan in accordance with the review comments.
After the modification and completion of the urban renewal project implementation plan, if any item subject to resolution or announcement is involved, the district urban renewal authority shall act as required; if such resolution or announcement complies with relevant provisions, the district government shall file with the municipal urban renewal authority for review.
Article 31The municipal urban renewal authority is responsible for submitting urban renewal project implementation plans to the municipal urban renewal authority for deliberation.
After an urban renewal project implementation plan is adopted by the municipal urban renewal authority through deliberation, an official, and written reply thereon shall be given by the municipal urban renewal authority.
The urban renewal project implementation plan shall be disclosed on the official website of the municipal urban renewal authority.
Article 32If any improvement and renovation project in micro-transformation, which conforms to the regulatory plan, has been integrated into the annual urban renewal project plan, then the competent district government shall take charge of the examination and approval thereof, provided however that if it involves the use of municipal urban renewal funds, opinion shall be sought from the competent urban renewal authority.
If any dangerous housing included in the urban renewal plan will be treated by way of demolition and reconstruction, then the competent authority, when carrying out examination for approval, shall solicit opinion from the competent urban renewal authority.
Article 33After an urban renewal project implementation plan is approved, the applications for projection establishment, planning, land and other administrative examination and approval shall be accepted and approved in a centralized manner by the unified window established by each district government service center according to the principles of "integrated acceptance at the front desk, examination and approval by category at the back end, and issuance of documents through the unified window".
The municipal urban renewal authority shall establish an examination and approval service system, establish an applicant-approver coordinated feedback mechanism, supervise the progress of processing, and coordinate the problems encountered in the advancing of projects.
Each competent authority shall go through subsequent formalities on administrative examination and approval in strict accordance with the matters determined by the municipal urban renewal authority and the official approval of the urban renewal project implementation plan, shall implement parallel approval according to the relevant program on the optimized approval processes for construction projects of the Municipality, shall handle it within a stipulated period of time, and shall not duplicate examination or approval. Any urban renewal and transformation project that complies with the regulations on green channel approval for key projects can be incorporated into the green channel to go through formalities on examination and approval.
Chapter IV Land Use Treatment
Article 34With regard to any collective construction land involving a land use behavior that occurred before June 30, 2007 and requiring perfection of formalities on the previous use of land, the previously used land can be disposed of in accordance with the following provisions:
(1) The rural collective economic organization or their successor shall, on their own, sort out and dispose of the economic relationships within the area of the land; if demolition and reconstruction are involved, they shall dismantle and remove ground buildings, structures and fixtures on their own.
(2) The rural collective economic organization or their successor shall enter into an agreement on perfection of the formalities on land disposal by requisition (or transfer) with the government, and the government will not be required to make further payment of the compensation;
(3) With regard to the previously used land subject to perfection of formalities on land requisition, if the current use of the land and the current planned use of the land are both for industrial purpose, the current owner of the right to use the land can perfect the formalities on planning and land use according to its own transformation.
(4) If any village collective construction land that has perfected the formalities on collective construction land according to the "Three Olds" transformation policy is designated as reconstruction and resettlement land for any industrial, commercial or other profit-oriented land, the land shall be set off against the “retained land” quota; if the quota is insufficient, then the village collective can resolve it by applying for an advance on the retained land quota or otherwise, or apply for land supply by handing over a certain proportion of land without compensation; if any agricultural land within the transformation area is in line with marginal land, sandwich land, or mosaic land, then it does not need to be offset against the retained land quota.
The municipal urban renewal authority shall, jointly with the municipal land planning authority, improve the mechanisms to accelerate the perfection of the formalities on historical land use.
Article 35After the competent district government has completed the compensation for an "old town" renewal project under the agreement on compensation for relocation signed by the district government, an application for land supply shall be submitted to the municipal land and resources authority, which shall grant land parcels in accordance with the procedures for public grant of State-owned construction land.
With regard to an old factory building renewal project, in case of collection and storage by government, it shall be incorporated into the land supply plan, and the land supply shall be organized by the government as required; if self-transformation is allowed, then the original title holder shall retroactively pay a land grant fee to the competent land and resources authority or complete the formalities on land grant, and change the certificate of land ownership.
With regard to the land for any old village transformation project, the village collective can choose to keep the properties as collective land or change the land to State-owned land as required; an reconstruction and resettlement land parcel can only be confirmed to vest in a collective economic organization, and the land changed to State-owned land can be supplied by way of allocation, and the financing land parcel, if changed to Sate-owned land, can be supplied by being granted to market players in public or being granted by agreement to a cooperative enterprise formed by both a village collective economic organization, a wholly village-owned subsidiary or the original rural collective economic organization and a market player selected in public as required.
Article 36Where an urban renewal project is implemented by way of demolition and reconstruction, the length of years of the grant of the land-use right shall not exceed the maximum length of years of the profit-oriented land intended for the corresponding use. If the project is implemented by alteration or examination without changing the intended use, then the length of years of the grant thereof shall remain consistent with that specified in the original land grant contract; if any change of the use is involved, then the length of years of grant shall not exceed the maximum length of years of the profit-oriented land intended for the corresponding use.
Article 37If any status quo land or housing within the area of the land for an urban renewal project involves multiple owners, then after land consolidation, such transformation shall be implemented by a single rights holder. In addition to the requisition by government according to law, the owners of land and housing within the area of the land for the project may carry out land consolidation by applying for land-use right and housing acquisition to the competent land planning authority, or by entering into agreements and converting such owners’ interests in such land and housing into shares in accordance with the provisions of the Company Law of the People’s Republic of China.
Article 38Where any transformation block in a renewal project is inconsistent with the urban renewal zone, the marginal land, sandwich land, or mosaic land shall be included in the scope of transformation. In the case of a self-transformation project, the land owner(s) concerned shall consolidate the marginal land, sandwich land and mosaic land, or conduct joint transformation with relevant land owners.
Article 39The land replacement between the land parcels inside and outside the land for an urban renewal project, including the land replacement between collective construction land and collective construction land, between collective construction land parcel and State-owned construction land, or between State-owned construction land and State-owned construction land, shall follow the principles of “similar acreages, equivalent values, voluntariness on both sides, and replacement of vouchers”.
Article 40If the right to use collective construction land is transferred according to law, then renewal and transformation shall be implemented by the party obtaining the land use right. If the transfer of the right to use renewal and transformation is for the purpose of building any public rental housing, low-rent housing or other security housing, the land use right may not enter the exchange market.
Article 41As for any real estate, with respect to which the competent land and housing authority has previously approved of changing collective construction land to State-owned construction land or part of house units in the same building (or within the same planned red-line area) have gone through the formalities on the registration of State-owned land and real estate, the registration of State-owned land and real estate shall be handled in accordance with relevant measures on land and real estate registration and exiting policies and regulations, and in the light of the principles with respecting the history and seeking truth from the facts.
Chapter V Raising and Use of Funds
Article 42The funds for urban renewal can be raised through various channels, including:
(1) The urban renewal and transformation funds arranged for by municipal and district public finance, and the funds available for urban renewal and transformation in the fiscal budgets at corresponding levels;
(2) Credit funds based on relevant national transformation loan policies;
(3) Proceeds from grant of financing land parcels;
(4) Renewal and transformation funds input by market players involved in transformation;
(5) Renewal and transformation funds raised by owners of land and housing within the scope of renewal and transformation; and
(6) Other funds that comply with requirements.
Article 43Municipal and district governments shall ensure the availability of daily working funds for the implementation of urban renewal, and increase the fiscal support for renewal and transformation support. Municipal and district governments shall arrange for urban renewal funds, the sources of which mainly include the municipal and district proceeds from grant of land and general public fiscal budgets.
Article 44Urban renewal funds are mainly used for:
(1) Development and dynamic revision of medium- and long-term urban renewal plans;
(2) Preliminary basic data survey and database construction for urban renewal project;
(3) Development of the urban renewal zone planning program;
(4) Development of renewal project implementation plans, and investments in construction of urban renewal projects;
(5) Land expropriation, purchase through consultation, and consolidation within the scope of urban renewal and transformation;
(6) Special subsidies for and launch of support in the event that any urban renewal project is economically difficult in maintaining self-balance;
(7) Urban renewal policy theories, specification and other studies.
Among the purposes specified in the first paragraph of this Article, if the funds come from the proceeds from land grant, then the purposes shall fit in with the scope of use of proceeds from land grant, and the remainder shall be arranged for in other funds arranged for by the public finance.
Article 45The protective renovation, renewal and transformation projects for historic conservation areas and outstanding historic buildings shall be incorporated as a whole into a broader transformation area for fund raising; if economic balancing cannot be achieved, they shall be subsidized by urban renewal funds.
Urban renewal funds shall give priority to micro-transformation projects and focus on eliminating residential risks, and improving living facilities, residential environments, road, water, electricity, gas, fire protection, sewerage, sanitation, communications and other public service facilities within the scope of renewal and transformation, and the quality of regional residential environment.
Residents within the scope of community micro-transformation are encouraged to participate in social micro-transformation by way of voluntary cooperation and investments. As for any single building identified as dilapidated, dangerous or old housing or requiring demolition and reconstruction, funds shall be raised according to the relevant provisions regarding the administration of urban dangerous housing.
Article 46Financing channels and methods shall be innovated in accordance with the principles of "government leadership, market-based operation, involvement of multiple parties, mutual benefit and win-win", by paying attention to the utilization of the market mechanism, fully mobilizing the enthusiasm of businesses and residents, and mobilizing social forces to widely participation in urban renewal and transformation.
The Municipality encourages utilizing State policy funds and seeking more national policy loans for renewal and transformation projects.
The Municipality shall guide financial institutions in the market to explore new patterns of loan launching and guarantees, innovate credit financing products, and give priority to safeguard the credit fund needs of eligible renewal and transformation projects, according to the funding, construction methods, sources of loan repayment and other specific conditions of transformation projects, and on the basis of mortgaging land use right and construction in process as security for loans.
In accordance with the provisions regarding the management of public-private partnership (PPP) mode of project construction, the Municipality encourages businesses to participate in urban renewal and transformation and construction of housing for resettlement, actively introduce private capital to participate in renewal and transformation through direct investment, indirect investment, agency construction and other modes, and attract the involvement of strong and reputable real estate development companies and social forces.
Article 47With regard to the eligible resettlement and restructured housing projects for urban renewal, urban infrastructure fees shall be reduced or exempted based on the shantytown transformation policies, and in accordance with the principle of “one built, one exempted” for the area of resettlement and reconstructed housing, and other administrative fees and government fund contributions can be reduced or exempted according to law within the purview of the Municipality.
Chapter VI Supervision and Administration
Article 48The regulation of reconstruction and resettlement funds for old village self-transformation and cooperative transformation projects shall adhere to the principles of hierarchical accountability, earmarking and centralized payment. Owners of reconstruction and resettlement funds will deposit reconstruction and resettlement funds into regulated accounts. The urban renewal authority, owners of reconstruction and resettlement funds, and banks with which such regulated accounts are opened shall enter into a tripartite agreement to regulate the use of funds and ensure that funds are earmarked for the intended purpose only.
Article 49The urban renewal authority shall strengthen the construction of basic urban renewal database and dynamic monitoring information system, do well in the plotting and storage of renewal and transformation audit, project implementation, acceptance inspection and other information, and implement whole-process dynamic monitoring of renewal and transformation.
The Municipality shall establish a regular assessment and notification system on the construction and implementation of key urban renewal projects, focusing on assessing the construction of the normalized work mechanism, the use of renewal and transformation funds, the completion of annual transformation targets, post-approval regulatory measures for transformation projects, and other contents, and taking assessment results as the important basis for the development of annual urban renewal and transformation implementation plans and for the allocation of funds.
Article 50The Municipality shall establish an urban renewal project exit mechanism, and strengthen the time limit management of urban renewal projects. If the implementing party of an urban renewal project fails to complete demolition and resettlement, to go through the formalities on land grant or to complete land handover, within the time limit, then the project implementation plan shall be submitted to the municipal urban renewal authority for approval anew.
Article 51Where an urban renewal project involves housing demolition and resettlement, the principle of “putting resettlement before demolition” shall be upheld. Urban renewal zones shall synchronously promote the construction of municipal engineering, communal buildings, public utilities, public transport and other supporting facilities, and actively bring in quality education, health care, business and other social resources.
In urban renewal projects, the municipal urban renewal authority shall make preparation for the construction of government-planned resettlement housing for urban renewal.
Article 52The Municipality shall speeding up the construction of water, electricity, gas, sewerage, sanitation, communications and other public service facilities within the scope of urban renewal projects, resolve regional flooding hazards and achieve the “separation between rainwater and sewage” and the underground laying of "three lines".
If the construction of necessary public facilities and municipal infrastructure undertaken by the transformer within the scope of transformation in an urban renewal project fails to commence within the stipulated time limit, then other construction, apart from resettlement housing, shall not commence.
Article 53Urban renewal related authorities and organizations shall strictly abide by the Regulations of Guangzhou Municipality on the Administration of Construction Waste, and the demolition and construction waste from land development and urban renewal projects must be recycled, and is prohibited from being directly landfilled; if on-site recycling is not practicable, such waste shall be transported to a designated place for recycling. Relevant building owners shall incorporate the specific requirements for recycling into the master land parcel development plans and the bid invitation documents for demolition works.
Article 54If in basic urban renewal data survey, urban renewal planning, plan and program development and approval, urban renewal project guidance, supervision, management and other work, any administrative organ or its staff commits any illegal behavior or disciplinary offense, they shall be held accountable in accordance with laws and regulations; if a crime is suspected to be constituted, then the case shall be legally referred to the competent judicial organ for handling.
If the district government organizing basic data survey, or the data review body abuses its power, commits malpractice for personal gains or neglects its duty so that there exist major errors in the basic data used to develop zone planning programs or project implementation plans, then relevant responsible persons shall be held accountable; if any illegal behavior or disciplinary offense is involved, the competent regulatory authority shall hold them accountable in accordance with laws and regulations; if a crime is suspected to be constituted, then the case shall be legally referred to the competent judicial organ for handling.
Article 55If, when carrying out urban renewal inclination survey and collection, land and building verification, urban renewal plan declaration, urban renewal plan development and approval and other work with respect to urban renewal, any relevant organization or individual has committed such acts as fraud, coercion, fabrication, infringement upon personal privacy, leakage of trade secrets, forgery or alteration of documents, spreading of false information, acceptance of bribes and bribing, then relevant authority shall promptly investigate and deal with it and order the organization or individual for rectification, and incorporate it into credit records for management; if a crime is suspected to be constituted, the case shall be legally referred to the competent judicial organ for handling.
Chapter VII Supplementary Provisions
Article 56The municipal urban renewal authority is responsible for, pursuant to these Measures, drafting urban renewal basic data survey regulations, basic data survey specification, zone planning program development specification, expert demonstration system for urban renewal projects, project implementation plan development specification, administrative examination and approval procedure guidelines for urban renewal projects, reconstruction and resettlement funds management methods, old village transformation cost accounting approaches, urban renewal financing methods and other relevant supporting documents, and implementing them after having them approved by the municipal government. The municipal land and planning authority shall, together with the municipal urban renewal authority, draft the specific operating methods for the disposal of previous land use, land supply, land consolidation, land replacement and housing ownership confirmation for urban renewal, and implement them after having them approved by the municipal government.
Article 57These Measures shall become effective as of January 1, 2016, The Opinion on Speeding up and Pushing Forward the “Three Olds” Transformation Work (Guangzhou Government Decree No. [2009] 56) and the Supplementary Opinion on Speeding up and Pushing Forward the “Three Olds” Transformation Work (Guangzhou Government Decree No.〔2012〕20) shall be abolished accordingly.
With regard to the project implementation plans that have already been adopted by the original municipal “Three Olds” transformation leading group prior to the effective date of these Measures and are still in force, the policies effective when the project implementation plans were approved may apply.