In order to implement the strictest farmland protection system and the strictest economical and intensive land use system, ensure the landing of industrial projects in Hainan Free Trade Port, promote the industrial transformation and upgrading and high-quality development of Hainan Free Trade Port, and provide strong planning and land use guarantee for the construction of Hainan Free Trade Port, the People's Government of Hainan Province issued the Opinions on Supporting Industrial Project Development Planning and Land Use Guarantee on February 3, with a validity period of 5 years.
the industrial projects mentioned in the opinions refer to all kinds of industrial projects that meet the requirements of the national and Hainan industrial policies, excluding market-oriented commercial housing projects. However, due to the adjustment of planning and the needs of industrial development, the land use of various industrial projects can be changed according to law for the construction of projects (including anjufang and rental housing projects) other than market-oriented commercial residential land. On the premise of conforming to the land and space planning, the existing state-owned construction land can be transformed into housing and rental housing projects, and the procedures should be handled in accordance with the relevant provisions if the land use change and floor area ratio change are involved.
The Opinions are divided into strengthening planning guidance and enhancing the scientific flexibility of planning control; Improve the arrangement mechanism of forest land use indicators; Innovative land use classification management methods for industrial projects; Implement a differentiated land supply model for industrial projects; Improve the land price system; Encourage the transformation and upgrading of existing industries; Support the rational development and utilization of underground space; Optimize the management of protected agricultural land; Deepen the reform of rural collective construction land system; And strengthen land use services and post-approval management.
according to the opinions, on the basis of optimizing industrial spatial planning and layout and scientifically guiding project site selection, Hainan encourages mixed flexible utilization of planned uses.
optimize the compilation of regulatory detailed planning, comprehensively consider factors such as space, layout and industrial integration, encourage mixed layout of planning purposes such as industry, warehousing, scientific research, commerce and business finance, and enjoy space facilities, and clarify the types and proportions of mixing two or more planning purposes. For areas where traffic location conditions may change significantly or the development direction is not clear at present, blank space with unclear use can be planned according to actual needs.
at the same time, simplify the implementation mechanism of dynamic adjustment of control regulations. For industrial land, storage land split and merger, and adjustment of plot ratio, building height, green rate, building density and other planning conditions, if the plot ratio is not more than 2.1 and the height is not more than 31 meters, the regulatory detailed planning may not be adjusted for approval. In other cases, the preparation and adjustment of regulatory detailed planning shall be handled according to procedures.
in terms of land supply mode of differentiated industrial projects, if the land use of industrial projects is industrial land and storage land, the requirements of industrial type, production technology, industrial standards, product quality and land-saving technology can be taken as the preconditions for land supply, and the land can be supplied by bidding or listing with projects; If the land use of industrial projects is non-operating projects such as scientific research land, educational land, medical and health land, social welfare land, cultural facilities land, sports land, etc., it can be allocated, agreed to transfer or contributed at a fixed price. The land use of industrial projects is the headquarters economy such as retail commercial land, commercial and financial land, and the land for Internet and high-tech industrial projects. Relevant conditions such as the contribution rate of local financial resources and the self-sustaining rate of headquarters buildings can be clearly defined in the land transfer announcement, and the land can be provided by means of bidding and hanging (first bidding, then listing or auction). If the land is supplied by bidding and hanging, the self-sustaining rate of the headquarters building (not for external sales) shall not be less than 31%, and the non-self-sustaining part of the building shall not be transferred until the five-year commitment period expires and the performance evaluation reaches the standard; Other operating industrial projects shall be provided by public means such as bidding, auction and listing.
at the same time, the municipal and county governments will lease the land to the land-use rights holders by means of bidding, auction and listing, and the land-use rights holders will carry out development, construction and industrial operation. If the lease period reaches the conditions for the entry agreement to continue to perform, they can apply for the continued use of the land in accordance with the agreement. The lease term of first lease and then transfer is generally 5 years, with a maximum of 1 years, and the sum of the lease term and the subsequent transfer term shall not exceed the legal maximum transfer term of the land use. The total price of land leased first and then offered for land supply shall be determined according to the land transaction price publicly traded by means of bidding, auction and listing. The annual rent is not less than 5% of the total land price, and the agreed transfer price payable when leasing is equal to the total land price minus the paid rent. The lease period price and the lease transfer period price are paid in one lump sum. If the land is supplied by renting first and then letting, the land use right holder may go through the formalities of planning and construction according to law with the leased property right certificate.
city and county governments can reasonably determine the flexible period of paid use of land within the statutory maximum paid use period of state-owned construction land in combination with the industrial life cycle. At the expiration of each year, land users who meet the conditions for continuing to perform the access agreement may continue to apply for the next period of land use rights.
the flexible period is not more than 3 periods, and the initial period is generally not more than 5 years, and the sum of the periods shall not exceed the legal maximum transfer period of the land use. It is encouraged to shorten the flexible period of project land in combination with the actual situation. For industrial and storage land, the land transfer period can be determined by no more than 21 years. If the industrial project still meets the requirements of industrial policy and guidance at the expiration of the period, the land use right holder may apply for renewal and pay back the land transfer fee according to law.
the total land transfer price for the flexible year is determined according to the land transfer transaction price under the condition of the total land transfer period, and the land transfer price payable in each year is determined according to the total land transfer price multiplied by the corresponding proportion of the current year to the total year.
under the premise of conforming to the national spatial planning, industrial, warehousing, R&D, office, commercial, rental housing and other uses are allowed to be mixed, and differentiated land supply is implemented according to the land nature corresponding to the dominant use (the land with the largest proportion of the total construction area in each land use). If the land is supplied by means of agreement transfer or investment at a fixed price, the reserve price for transfer shall be determined by not less than 71% of the sum of the benchmark land price corresponding to the various uses of mixed land multiplied by its proportion; Take the project bidding or listing, the combination of bidding and auction and listing for the land, the transfer price is not lower than the benchmark land price corresponding to each use of mixed land multiplied by the sum of its proportion.
The Opinions say that the land price system will be improved to further reduce the cost of industrial land. The benchmark land price of industrial projects such as tourism industry, Internet industry, medical and health industry, modern financial services industry, convention and exhibition industry, modern logistics industry, marine industry (oil and gas industry), biomedicine industry, low-carbon manufacturing industry, high-tech industry, education industry, cultural and sports industry, tropical characteristic high-efficiency agriculture, etc. can be determined according to the Adjustment Coefficient Table of Benchmark Land Price for Industrial Project Land in the current benchmark land price achievements.
in addition, it is clear in the opinions that the five types of project land can be managed in the way of "only expropriated but not expropriated" and "not expropriated and not expropriated", and the land use unit and the land owner shall sign a land use contract according to law, so as to clarify the land use relationship between the two parties such as planting, breeding, management and management. This includes: natural landscape land, farming, animal husbandry and fishery planting and breeding land; Land for non-permanent ancillary facilities such as sightseeing platform (covering an area of less than 111 square meters) and plank road (width of less than 2 meters) in leisure agriculture and rural tourism projects; Sporadic public service facilities, including toilets, sewage treatment, garbage storage and transportation, power supply, gas supply, communication, electronic monitoring and other buildings or structures (covering an area of not more than 111 square meters); Facilities for sewage treatment by ecological and environmental protection methods such as constructed wetlands; Land for rural roads (including rural tourist roads) with pavement width (roadway) not exceeding 8m.