· Document Number：No. 37 [2014] Issued by the General Office the State Council

· Area of Law： Land

· Level of Authority： Regulatory Documents of the State Council

· Date issued：07-29-2014

· Effective Date：07-29-2014

· Issuing Authority： General Office of the State Council

· Status： Effective

Opinions of the General Office of the State Council on Executing Comprehensive Development of Land to Support Railway Construction
(No. 37 [2014] Issued by the General Office the State Council)
The People's Governments of all provinces, autonomous regions and municipalities directly under the Central Government; the ministries and commissions under the State Council; and the institutions directly affiliated to the State Council:
To implement the Opinions of the State Council on Reforming the Railway Investment and Financing System to Accelerate Railway Construction (No. 33 [2013] Issued by the State Council), to apply the policy of comprehensive development and utilization of land for use by railways and land in areas in the vicinity of station yards, and to support railway construction, the following Opinions are hereby raised with the approval of the State Council:
I. Basic Principles for Comprehensive Development of Land
1. Supporting combination of railway construction with new-type urbanization: In accordance with the requirement for new-type urbanization, under the premise of guaranteeing the transportation function and operation safety of railways, and in adherence to the principles of “coordination by multiple means, three-dimensional development, integration of functions, being economical and intensive”, the land of railway station yards and in the particular scope of areas in the vicinity shall be comprehensively developed and utilized. Land therefor shall be supplied by means of the market, and shall be developed and utilized by means of integrated design and unified joint construction, to promote coordination of the layout of land use for railway station yards and relevant facilities, seamless connection among transport facilities, sufficient utilization of underground and ground spaces and sharp promotion of railway transportation functions and comprehensive service functions of cities, to form mechanisms for favorable interaction between railway construction and development of cities and towns and the relevant industries, and to promote sustainable development of railways and urbanization.
1. Combination between government guidance and independent development of markets: The competent departments concerned and local governments shall abide by the law of railway construction and development, adhere to administration by law, improve the relevant management systems for comprehensive development of land, and establish an equitable and open market environment with orderly competition. Local governments shall, under the premise of conforming to the general planning for land use and urban-rural planning, bring railway station yards and areas in the vicinity under relevant overall planning, rationally determine the boundary and scale of comprehensive development of land therefor, and, by means of measures for coordination between the supply of land used for comprehensive development and railway construction, etc, guide market players to execute comprehensive development of land used for railways and land in areas in the vicinity of station yards, to powerfully promote railway construction in an orderly manner.
3. Combination between vitalization of existing land available for railway use and comprehensive development of land for use for new and old station yards: Railway transport enterprises shall be supported in vitalizing and utilizing existing land for construction by multiple means including independent development, transfer and lease. Railway transport enterprises shall be encouraged to conduct comprehensive development of land of their existing station yards and areas in the vicinity. Entities including investors in railway construction shall be prompted to conduct comprehensive development of land of newly built railway station yards and areas in the vicinity. The fundraising capacity and income level of railway construction projects shall be promoted.
II. Supporting Vitalization of Existing Land for Use for Railways to Promote Comprehensive Development of Land
4. Scientific formulation of plans for rebuilding existing railway station yards and areas in the vicinity: Local governments shall actively consult with railway transport enterprises; formulate on an overall basis relevant plans for existing railway station yards and areas in the vicinity; strengthen adjustment of functions and optimization of spaces; improve traffic organization, layout of land use and conditions of facilities; strengthen the carrying capacity and service function of railway station yards and areas in the vicinity; guide reconstruction of station yards and comprehensive development of land in areas in the vicinity; promote unified ground and underground planning and development and construction on an overall basis; and realize integration of outbound transportation with urban road traffic and public transportation.
5. Extension of policy support for land use in comprehensive development of existing station yards: Railway transport enterprises shall be supported in acquiring land in the vicinity by means of land possessed by themselves and equal consultation, and in obtaining land supplied by the government or cooperating with other market players, to conduct comprehensive development of existing areas of railway station yards. City and county departments of land and resources shall, in accordance with law, provide service for railway transport enterprises in making a use of land possessed by themselves to integrate land property rights and conduct amalgamation or partition of land parcels, etc. The government shall, in supplying land within the scope of comprehensive development of existing railway yards, include the requirement of planning for comprehensive development and the requirement for railway construction into the preconditions for land supply.
6. Promotion of vitalization by railway transport enterprises of various types of existing land resources: Where land for use obtained by railway transport enterprises through allocation by the State in accordance with law no longer conforms to the Catalogue of Allocation of Land for Use as a result of transfer or change of use, procedures for use of the land can be gone through by means of agreement in accordance with law. For land operated under authorization by the State, railway transport enterprises can, within the time limit for the use of it, offer it as investment (for share acquisition) on the basis of evaluation, lease it or make it available for transfer among enterprises directly affiliated to group companies, controlling companies and shareholding enterprises in accordance with law.
7. Encouragement of promotion of the level of economical and intensive utilization of land for use for railways: Where land for use for railways is used in development of ground and underground spaces, a certain proportion of other functions can be concurrently included into the development under the premise of meeting the relevant planning, and the right to the use of land for construction therefor can be established hierarchically. Where the right to the use of land for construction established hierarchically conforms to the Catalogue of Allocation of Land for Use, the procedures for use of the land can be gone through by means of allocation; and where it does not conform to the Catalogue of Allocation of Land for Use, the procedures for paid use of the land can be gone through by means of agreement.
III. Encouragement of Comprehensive Development of Land in Newly Building Railway Station Yards
8. Supporting unified joint construction of railway station yards and projects of comprehensive development of land: The authorities and institutions in charge of investment in construction projects of newly building railways shall, in line with the principles of integrated planning, joint supply, three-dimensional development and construction under overall planning, consult with the local governments on the railway lines on determining matters of comprehensive development of land that need to be planned in support of construction of railway station yards, and defining the relevant matters of joint construction of projects of comprehensive development of land and projects of railway station yards and railway lines, etc.
9. Rational determination of the boundary and scale of comprehensive development of land: Local governments shall, in accordance with the requirement for comprehensive development of land in areas of newly built railway station yards, take into comprehensive consideration such factors as the capacity of supply of land for construction, the market's holding capacity and the scale of railway construction investment and financing, and rationally define the boundary for comprehensive development of land for use therefor, in accordance with the general planning for land use and planning for cities and towns. After deduction of the area of land for use for station yards, the total area of land in comprehensive development for a same railway construction project shall be governed by the standard that the average size of land for a single station yard shall not be in excess of 50 hectares, with the size of land in comprehensive development for a small number of station yards not in excess of 100 hectares each.
10. Definition of the requirement for planning for construction of station yards and comprehensive development of land: Local governments shall, in the formulation of general plans for land use and general plans for urban areas, do a good job of control and reservation of land, in accordance with the choice sites for newly building railway lines and station yards. The departments for urban-rural planning shall strengthen management over planning for construction of station yards and comprehensive development of land; and shall, in formulating detailed controlling plans for railway station yards and areas in the vicinity, simultaneously organize and launch the work of formulating detailed constructive plans or urban design; deepen the requirement for architectural space organization, road traffic planning, development intensity, construction time sequence, etc; vigorously promote seamless connection between railway transport and the various means of transportation including urban rail transit, public transportation and taxi service; and promote construction of comprehensive transportation hubs, to make it convenient for passengers to travel and make transits. Prior to supply land for use for comprehensive development, departments for urban-rural planning shall, in accordance with detailed controlling plans, put forward conditions for planning and design. Plots without determination of conditions for planning may not be supplied.
11. Adoption of market-based means to supply land for use for comprehensive development: Land for use for comprehensive development of areas of newly built railway station yards shall be supplied by market-based means, and the duration of public announcement of land supply therefor may not be less than 60 working days. Where investors in new railway construction projects have not been determined, the right to comprehensive development of land therefor can be covered by bid invitation at the time of inviting bids for the projects, winners of the bids to the new railway construction projects shall obtain the right to comprehensive development of land therefor at the same time, the land concerned can be supplied at one time or by stages in accordance with the agreement on division of stages in development, and the pricing of the land therefor shall be determinable by the market prices at the time of transfer of the right to the use of the land. Where investors in new railway construction projects have been determined, without determination of the right to comprehensive development of land, the land for use for comprehensive development therefor shall be supplied by means of public bidding, auction and listing; and the projects of unified joint construction of railway station yards and lines as well as the relevant planning conditions and requirement for railway construction shall be set as preconditions for obtainment of land therefor. Where land has been obtained by investors in railway construction, the railway construction and comprehensive development of land shall be promoted under overall planning; and where land has been obtained by other market players, the other market players shall consult with the investors in railway construction on making arrangement for the relevant matters of railway construction and comprehensive development of land therefor, to ensure orderly progression of the various construction including railways in line with planning.
IV. Improvement of Policies in Support of Comprehensive Development of Land
12. Overall management of the relevant planning for comprehensive development of land: Local governments shall, in formulating general plans for land use and plans for cities, take into overall consideration the demand for use of land for railways and for comprehensive development and utilization of land in areas in the vicinity of station yards, and thereupon organize formulation of relevant plans for comprehensive development of land therefor in a timely manner. Where it is necessary to adjust existing statutory plans, application shall be submitted for approval in accordance with the relevant procedures. Review of general layout design plans for construction projects shall be made strict. The competent departments concerned shall improve methods for management of plans for comprehensive development of land, and promote regulated and orderly progression of comprehensive development of land.
13. Improvement of models for supplying land for use for comprehensive development: Land for comprehensive development can be supplied by stages. Land supplied by stages can be provided contiguously. Land provided contiguously shall, in accordance with plans for cities and the actual circumstances, be partitioned into land parcels, and written decisions on allocation hereof can be issued upon approval or contracts for paid use hereof can be signed in accordance with the purposes of use of the land parcels and the relevant provisions.
14. Implementation of policies on support of quotas on land for use for comprehensive development: For quotas on new increase of land for construction needed for comprehensive development of land earmarked in support of railway construction projects, the Ministry of Land and Resources shall temporarily make exclusive planning for them, upon strict examination and approval by the relevant provincial-level Peoples' Governments.
15. Improvement of the relevant standards and norms governing project construction: The competent departments concerned shall, in accordance with the requirement for coordination between railway transport and other means of communication and transportation, construction of comprehensive transportation hubs, combination of functions of station yard facilities, ground and underground three-dimensional development, etc, check and improve the relevant standards and norms, and strengthen compatibility and coordination among the various types of standards.
V. Strengthening of Regulation and Coordination of Comprehensive Development of Land
16. Application of the system of recordation-based management: Prior to supply of land for use for comprehensive development which is part of unified joint construction including new construction of railway station yards, the city and county departments of land and resources concerned shall submit the location and scale of the comprehensive development of land, the demand for the land use, the planning conditions, the supply of the land by stages that has been scheduled, etc to the Ministry of Land and Resources for recordation, and shall send a copy hereof to the Ministry of Housing and Urban-Rural Development.
17. Making land development and utilization management strict: The city and county departments of land and resources concerned shall sign agreements on comprehensive development and utilization of land with the entities that have obtained the right to the use of the land for comprehensive development, to clearly prescribe that construction of projects of railway station yards and lines shall precede construction of projects of comprehensive development of land. Where entities that have obtained land for use for comprehensive development have failed to build projects of railway station yards and lines in advance in accordance with prior agreement, no procedures for land and real estate may be handled for them.
18. Practical strengthening of construction management: For the various types of construction projects involved in construction of projects of railway station yards and lines and comprehensive development of land, the competent departments concerned shall strengthen the work of supervision and control over the capital of the projects, the standards for land use and the standards for construction, quality, work safety, etc. The entities that have obtained the right to the use of land for use for comprehensive development shall strictly abide by the relevant provisions for management over construction of projects of real estate development, etc.
To apply comprehensive development and utilization of land for use for railways and land in areas in the vicinity of station yards is an important approach for accelerating reform of the railway investment and financing system and railway construction, and is also a powerful basis for promoting development of new-type urbanization and economical and intensive use of land. Therefore, all regions and all competent departments concerned shall pay heightened attention thereto, earnestly implement the spirit of these Opinions, and actively and steadily make promotion thereof, under the premise of strict management.
General Office of the State Council
July 29, 2014