Article 1

With a view to promoting the concentration of suburban villagers in towns and the rational utilization of land, and to encouraging the villagers who move to towns to transfer their house sites to rural collective economic organizations, these Rules have been formulated in accordance with the provisions of the“Law of the People’s Republic of China on Land Administration”and other laws and regulations.

Article 2

The transfer of villagers’house sites to rural collective economic organizations mentioned in these Rules refer to the act of voluntary transfer by suburban villagers of their house sites acquired according to law to village collective economic organizations or villagers’committees without applying for new house sites.

Article 3

The Municipal Housing, Land Resources Administration is the competent department in charge of the transfer of villagers’house sites to rural collective economic organizations.

District (county) land administrative departments shall be responsible for the specific administrative work of the transfer of villagers’house sites to rural collective economic organizations.

Article 4

The following objects may apply for the transfer of their house sites:

(1)Villagers who are entitled by law to the use right of their house sites;

(2)Owners of the villagers’dwellings.

Article 5

Villagers who wish to transfer their house sites shall apply in writing to the village collective economic organizations or the villagers’committees, which shall examine and verify the applications and submit them to the township (town) governments for examination and approval. The township (town) governments, upon approving the transfer by villagers of their house sites, shall issue their approving documents to the applicants, and report to the district (county) governments for the record, and shall at the same time send copies to the village collective economic organizations or villagers’committees.

Article 6

These villagers who are granted approval after examination and verification to transfer their house sites may apply for the demolition of their dwellings by themselves; they may also apply for the disposal of the dwellings in the form of purchase, that is, units designated by the township (town) governments (hereinafter referred to as designated units) shall be responsible for the demolition, or use the houses for rent or other operations within five years after the purchase. The designated units shall sign purchase agreements with the applicants, fix the purchase price through consultation, and report them to the township (town) governments for the record

Article 7

Villagers who transfer their house sites shall not reconstruct or extend their dwellings after the dwellings are purchased. In case the dwellings are rented to out-of-town mobile personnel after the purchase, relevant provisions of the“Procedures of Shanghai Municipality on Public Security Administration of House Rentals by Out-of-town Mobile Personnel”shall apply. Upon the expiry of the five-year period of use, the dwellings shall be demolished without compensations. Those who fail to demolish the dwellings by themselves within two months from the date of expiry shall be ordered by the district (county) land administrative departments to make the demolition.

If it is necessary to demolish dwellings that are within the five-year period of use, due to adjustments to the use of house sites as a result of their requisition for State construction, or the implementation of township (town) overall land use plans or village and market town plans, due compensations shall be made for corresponding market rents payable for the balance of the use period of the said dwellings.

Article 8

In case the dwellings of the villagers who are granted approval to transfer their house sites are demolished by themselves, the villagers who transfer the house sites, or the owners of the villagers’dwellings shall apply to the district (county) real estate registration departments for cancellation of the certificates of the use right of the said house sites.

In case the dwellings of the villagers who are granted approval to transfer their house sites are purchased, the certificates of the use right of the house sites of the villagers shall be kept by the designated units, which shall, upon the expiry of the five-year period of use, apply to the district (county) real estate registration departments for cancellation of the said certificates.

Article 9

If villagers who transfer their house sites or owners of the illagers’dwellings purchase commodity houses in towns within the area of their district or county within one year before or after the approval by the township (town) government of the transfer of the house sites, they may apply to the district (county) land administrative departments for the refunding of part of the land transfer fees received by the government (that is the part retained by their district or county government, similar hereinafter) on presentation of the real estate ownership certificate of the newly bought commodity house. Upon the examination and verification by the district (county) land administrative departments and the approval of the district (county) finance departments, the applicants may get refunding of part of the land transfer fees calculated on the basis of the floorage of the commodity house bought. No refunding of the land transfer fees shall be made for that part of the floorage of the commodity house bought by the applicants that exceeds the floorage of the original dwellings on the house sites.

If villagers who transfer their house sites or owners of the villagers’dwellings restore the house sites to farming by themselves, they shall be paid farmland reclamation fees for the total area of land restored to farming, subject to check and acceptance by the district (county) land administrative departments.

Article 10

Where the dwellings of the villagers whose house sites are transferred are purchased, the district (county) land administrative departments shall pay to the villagers who transfer their house sites, or the owners of the villagers’dwellings farmland reclamation fees for 80% of the area of the said house sites. Where the house sites are restored to farming by the designated units upon the expiry of the five-year period of use, farmland reclamation fees shall be paid to the designated units for 20% of the area restored to farming, subject to check and acceptance by the district (county) land administrative departments.

In case the designated units restore the transferred house sites to farming by themselves, the district (county) land administrative departments shall convert 100% of the newly increased farmland area into their quota of farmland to be used for construction purpose. If the designated units are granted approval to use farmland for non-agricultural construction, they may use the said quota or transfer it to other construction units with compensation.

Article 11

In case the villagers transfer their house sites and restore them to farming by themselves, or the transferred house sites are restored to farming by designated units, the townships or towns of their locality, or the designated units, shall be rewarded with quotas for use of land for non-agricultural construction on a“one-for-one”basis.

Article 12

The transfer fees and farmland reclamation fees for the land transferred in accordance with these Rules shall be arranged by the district (county) finance departments from relevant incomes.

Article 13

These Rules shall initially be implemented on a trial basis in the administrative areas of those pilot towns designated in the“Suggestions on Pilot Projects of Shanghai Municipality for Promoting Town Development”(SMPG G [2001] No.1) printed and distributed by the Municipal Government, as well as in Fengxian District, and be step by step applied on a wider basis after experience is gained.

Article 14

The Municipal Housing, Land Resources Administration shall be responsible for the interpretation of these Rules in their specific applications.

Article 15

These Rules shall become effective on the date of their promulgation.