No. 5 [2022] of the General Office of Guangzhou Municipal People’s Government
Notice of the General Office of Guangzhou Municipal People’s Government on Issuing the Implementation Measures of Guangzhou City for Improvingthe Efficiency of Industrial Land Use
All district people’s governments, departments of and institutions under the municipal government:
The Implementation Measures of Guangzhou City for Improving the Efficiency of Industrial Land Use has been approved by Guangzhou Municipal People’s Government and is hereby issued to you for your compliance and implementation. Problems encountered during the implementation shall be directly reported to Guangzhou Municipal Planning and Natural Resources Bureau.
General Office of Guangzhou Municipal People’s Government
April 23, 2022
Implementation Measures of Guangzhou City for Improvingthe Efficiency of Industrial Land Use
Chapter I General Provisions
Article 1 In order to further improve the efficiency of industrial land use and guarantee economical and intensive use of such land, these measures are formulated in combination with the realities of Guangzhou, in line with Regulation on the Implementation of the Land Management Law of the People’s Republic of China, Provisions on the Economical and Intensive Use of Land, Opinions of the Ministry of Land and Resources of the People’s Republic of China, National Development and Reform Commission, Ministry of Science and Technology, Ministry of Industry and Information Technology, Ministry of Housing and Urban-rural Development, and Ministry of Commerce on the Land for Vigorously Supporting Development of New Industry and New Business Modes and Promoting Mass Entrepreneurship and Innovation.(No.5 [2015] of the Ministry of Land and Resources), Notice of the People’s Government of Guangdong Province on IssuingSeveral Policies and Measures of Guangdong Province for Reducing Costs of Manufacturing Enterprises and Supporting Development of Real Economy (Revised Version)(No.79 [2018] of the People’s Government of Guangdong Province), Notice of the General Office of Guangdong Provincial People’s Government on Issuing Several Measures to Deepen the Reform of Market-based Allocation of Industrial Land(No.226 [2021] of the General Office of People’s Government of Guangdong Province), Notice of the Department of Natural Resources of Guangdong Province on Clarifying Matters Relating to Division of Industrial Property Rights and Registration of Division and Transfer of Real Estate(No.3 [2019] of Department of Natural Resources of Guangdong Province) and other relevant provisions.
Article 2 These measures shall apply to the planning and use management of industrial land within the administrative area of Guangzhou, including general industrial land and new types of industrial land (M0); where there are other provisions for special areas authorized by laws and regulations, such provisions shall prevail. Where urban renewal policies such as the renewal and transformation of industrial clusters in villages and towns are otherwise stipulated, these renewal policies shall be implemented.
General industrial land refers to industrial land of Category I (M1), Category II (M2) and Category III (M3) as stipulated in Code for Classification of Urban Land Use and Planning Standards of Development Land(GB50137-2011).
Newtypes of industrial land (M0) refers to land used for R&D, creativity, design, pilot testing, inspection, pollution-free production and their supporting facilities to meet the spatial demand for innovation-oriented enterprise development and innovative talents.
Article 3 To improve the efficiency of industrial land use, the basic principles of “overall layout, guided clustering, sound standards, strict access and strengthened supervision” shall be followed, so as to promote the reasonable layout and scale clustering of new-type industrial land. In principle, additional general industrial land shall be arranged in industrial blocks and priority shall be given to such blocks with regard to the scale of construction land and indicators of land use.
The stock of industrial land resources shall be tapped into, and land users are encouraged to improve the efficiency of industrial land use by various methods such as adding floors to plants, renovating factories, consolidating internal land, developing and building underground space on the premise of complying with land spatial planning and fire protection requirements.
Industrialblock refers to the area scope with industry as its leading function in order to ensure the total scale of industrial land in Guangzhou, including all types of industrial parks, contiguous industrial land, and value-innovation parks. The industry and information technology authorities of Guangzhou, in conjunction with the city’s authorities of urban planning and natural resources, development and reform, ecological environment, district governments and Management Committee of Guangzhou Airport Economic Zone, shall carry out the delineation and adjustment of the industrial blocks in Guangzhou which shall be reported to the municipal government for approval.
Article 4 The municipal planning and natural resources authorities shall be responsible for the city’s industrial land planning, supply, use management and other work.
The municipal authorities of development and reform, planning and natural resources, in conjunction with the municipal authorities of industry and information technology, science and technology, commerce, housing and urban-rural development and so on, shall be responsible for the formulation of the city’s industrial access standards, industrial land use standards (guidelines), and detailed rules on the assessment of use performance of industrial land.
The municipal ecological environment authorities shall be responsible for supervision and management of environmental protection of industrial land in Guangzhou.
The district governments and Management Committee of Guangzhou Airport Economic Zone shall be responsible forthe organization, implementation, coordinated management and performance assessment of improving industrial land use efficiency in their respective scopes; authorities in relevant districts shall, in accordance with their respective responsibilities, coordinate the implementation of these measures.
Chapter II Planning Management
Article 5 In principle, the new-type industrial land (M0) shall be located in municipal or district core areas, or beyond 500-meter perimeter of rail transit stations that have been built, are under construction or have undergone planning and site selection procedures. The municipal core area includes the core area of Guangzhou downtown, the second central business district, Baietan Business District, the eastern riverine development zone (west of the East Second Ring Road), Baiyun New Town area, and the core area of Guangzhou South Railway Station. The district core area shall be delineated by district governments and Management Committee of Guangzhou Airport Economic Zone with realities taken into account, and the result shall be reported to the municipal authorities of planning and natural resources for record.
In the case of meeting the provisions of the preceding paragraph, for the site selection of the new-type industrial land (M0), priority shall be given to stock industrial land, industrial clusters of villages and towns, Pearl River Delta (Guangzhou) National Independent Innovation Demonstration Zone, core innovation platforms or nodes of Guangzhou section of Guangzhou-Shenzhen-Hong Kong-Macao Scientific and Technological Innovation Corridor, areas around various scientific and technological innovation platforms and industrial clusters and so on. It is encouraged to include industrial projects of market players such as enterprises known as “chain master”, “specialized, refined, differential and innovative” enterprises at provincial-level and above, and small- and medium-sized enterprises, which meet the industrial orientation and policy requirements of Guangzhou, into the pilot scope of the new-type industrial land (M0).
If the site ofthe new-type industrial land (M0) is located in an industrial block, the land area shall be within 10% of the total area of the industrial block in its administrative region. If the site is located in Guangzhou Airport Economic Zone, the site area shall be within 10% of the total area of the industrial block in this zone.
Article 6 District governments and Management Committee of Guangzhou Airport Economic Zone shall, according to the needs of industrial development, propose a plan of site selection for the new-type industrial land (M0). After the joint review by the municipal planning and natural resources authorities and municipal departments of industry and information technology, development and reform, commerce, science and technology, ecological environment and so on, the plan shall be submitted for approval to the municipal government. If any adjustment of the detailed plan is involved, the municipal government shall entrust the district government or Management Committee of Guangzhou Airport Economic Zone for review and approval in accordance with relevant provisions.
Article 7 Planning and natural resources authorities shall set conditions for the planning of industrial land and specify planning indicators such as plot ratio, building density, and green space ratio according to the detailed plan, Guangzhou’s industrial land use standards (guidelines) and these measures. If there are any special provisions on planning indicators in any special areas, such provisions shall prevail.
Article 8 Except for projects located in special areas or subject to special provisions for safety and fire protection, the plot ratio of the new-type industrial land (M0) shall not be lower than 3.0; that of industrial land of Category I not lower than 2.0, that of industrial land of Categories II and III not lower than 1.2, and that of industrial land with special requirements for production process not lower than 0.8. If the plot ratio of industrial land in the detailed plan is lower than the above-mentioned lower limit indicators, the planning and natural resources authorities shall make local amendments to the detailed plan and issue the planning conditions in accordance with the above-mentioned indicators.
High-standard three-dimensional factory buildings shall be developed vigorously and the intensity of developing land for standard factory buildings shall be strengthened. Except for newly built industrial projects with special regulations on safety and fire protection or with special requirements on production chains, generally, three and above multi-storey factory buildings should be built.
Article 9 The land area of supporting administrative offices and living service facilities in the general industrial land may not be greater than 7% of the total land area and its capacity building area may not be greater than 15% of the total capacity building area, and may not be separately divided or transferred.
The capacity building area ofsupporting administrative offices and living service facilities in the new-type industrial land (M0) may not be greater than 30% of the total capacity building area. The area of the land used for construction on an independent site may not be greater than 10% of the total land area.
If the use right holders of the same land are located in the same industrial block and there are multiple state-owned industrial lands adjacent to each other, the layout can be planned in a unified manner and supporting administrative offices and living services facilities can be built in a moderately centralized manner. It is allowable for the proportion of land area and building area of supporting administrative offices and living service facilities in the total land area and total building area not to be reduced, but they may not be separately transferred or mortgaged. It is encouraged to arrange a centralized layout for administrative offices and living service facilities in the industrial land. Non-productive supporting facilities such as the construction of commercial housing, expert buildings, hotels, guest houses and training centers are strictly prohibited.
The supporting administrative offices and living service facilities of industrial projects shall be designed, submitted for approval, constructed and accepted simultaneously with the industrial premises.
Article 10 If part of the transferred or allocated land within the industrial land has to be reclaimed for the needs of urban construction and public interest, the rest of the land can meet the construction needs of industrial projects by appropriately improving planning indicators such as plot ratio and building density.
Article 11 Due to an expansion of production or an increase in production capacity, the development intensity of industrial land can be increased within the scope of the original land after approval, except for the following circumstances:
1. The land use projects prohibited by the industrial land use standards (guidelines) of Guangzhou;
2. The land reserves which have been included into the government land reserving plan and for non-industrial use;
3. The industrial land which is included in the list of enterprises subject to the policy of “withdrawal of secondary industry” (where enterprises in the secondary industry are required to withdraw from their existing land plots and make relocation elsewhere);
4. The nature of the land is inconsistent with what is specified in the detailed planning.
Article 12 If a land user or a land reserve agency applies to adjust the plot ratio of industrial land or other indicators in the detailed plan, the following procedures shall be followed:
1. Where the application to increase the plot ratio of land in industrial blocks meets the requirements in Table of Indicators for Guangzhou Industrial Land Planning Control and the planning and natural resources authorities have verified that the project applied by the land user is not part of the government land reserving plan, or the project applied by the land reserving agency is part of the said plan, after consultation with the district authorities of development and reform, industry and information technology, and ecological environment, the district governments or Management Committee of Guangzhou Airport Economic Zone shall make local amendments to the detailed plan as entrusted by the municipal government;
2. Where any application to increase the plot ratio of land in an industrial block is beyond the requirements of Table of Indicators for Guangzhou Industrial Land Planning Control, or if any application to increase the plot ratio of land outside an industrial block, the district governments shall organize the collection, statistics and evaluation of the demand for relevant public facilities caused by the plot ratio adjustment, and evaluate and demonstrate the impact on transportation, municipal infrastructure and environment. If any adjustment is necessary after evaluation, the district governments shall conduct a preliminary review on the demonstration report and scheme of the detailed planning adjustment, report it to the municipal planning and natural resources authorities and send it to the municipal planning commission for review, and then submit it to the municipal government for approval. The use of land in Huangpu District (including Guangzhou Economic and Technological Development District), Nansha District (including Nansha New Area), Zengcheng District and Guangzhou Airport Economic Zone shall be granted according to local laws and regulations or the approval right entrusted by the municipal government;
3. Where an application is to adjust other indicators such as building density, green space ratio, and building height limit, the corresponding district governments or Management Committee of Guangzhou Airport Economic Zone shall make local amendments to the detailed plan as entrusted by the municipal government.
The optimization and adjustment of planning indicators for warehouse land may refer to this article.
The district governments, Management Committee of Guangzhou Airport Economic Zone, industrial block management agencies and municipal infrastructure management organizations shall increase or expand public supporting facilities and municipal infrastructure according to the adjustment of industrial land’s plot ratio and other indicators.
Article 13 Where the stock of ordinary industrial land is specified in the detailed plan as other land in terms of its nature, it shall be dealt with as follows:
1. The land that has been supplied shall strictly comply with the planning conditions. In the case of changes in the development conditions of the land plot as a result of revision of the national spatial planning, and changes in the planning conditions due to the needs of national and provincial major projects, urban and rural infrastructure, public service facilities, public safety facilities construction or under other circumstances, under the premise of complying with legal provisions and procedures, the planning and natural resources authorities shall deal with it in accordance with the following provisions:
(1) Where the use of the allocated or transferred land is adjusted and if there are agreements in the transfer contract of land use right or allocation decision document, such agreements shall prevail;
(2) Land that has been included in the scope of urban renewal shall be handled in accordance with the urban renewal policy;
(3) Where it doesn’t fall under the above circumstance, it shall be handled as follows:
① If the originally allocated land other than private residence has been built into housing, and the land user applies for changing the use of the house registered in the real estate ownership certificate to commercial purpose, or reconstructing or expanding the commercial house, in the case that the application is not verified as involving any change into commercial housing, or the change of the use of land covered in Catalog of Allocated Landinto commercial use where the right to state-owned land shall be withdrawn, the procedures of agreement transfer shall be handled by the authorities of planning and natural resources within 30 days after obtaining the consent and planning approval documents from the authorities which have approved the project or the subordinate administrative authorities; in the case that the application is verified as involving any change into commercial housing, or the change of the use of land covered in Catalog of Allocated Landinto commercial use where the right to state-owned land shall be withdrawn, then the change in planning conditions may not be approved;
② For the land supplied by allocation or transfer, the planning conditions shall be strictly implemented, the plot ratio may not be increased, the green space rate may not be reduced, and the supporting infrastructure and public services may not be reduced. If any changes in land spatial planning lead to changes in plot development conditions and if it is necessary to adjust the planning conditions due to the demand of constructing national and provincial major projects, urban and rural infrastructure, public service facilities and public safety facilities, in the case that the application is not verified as involving any change into commercial housing or the change of the use of land covered in Catalog of Allocated Landinto commercial use where the right to use state-owned land shall be withdrawn, the original land user shall apply to the planning and natural resources authorities for handling land supply documents and land transfer fees within 30 days after obtaining the approval of changes in planning conditions; in the case that the application is verified as involving any change into commercial housing, or the change of the use of land covered in Catalog of Allocated Landinto commercial use where the right to use state-owned land shall be withdrawn, the changes in planning conditions may not be approved, the land use right shall be withdrawn, and monetary compensation shall be made for the costs of land acquisition and demolition and for above-ground buildings that have been built according to the input costs approved and verified by financial authorities and discounted based on the number of years of use;
2. The land included in government land reserve plans shall be reserved by land reserve organizations;
3. For land adjusted to the new-type industrial land (M0) based on the application of land user, it shall be handled in accordance with the provisions of these measures;
4. For land that is still constructed as general industrial land according to the application of land user, after the local district government or Management Committee of Guangzhou Airport Economic Zone has organized assessment and demonstration on land spatial planning, environmental impact, industrial development, and traffic impact, if it is appropriate to retain the nature of general industrial land, the detailed plan may be partially amended in accordance with the transfer contract of land use right, valid historical approval documents and the provisions of these measures.
Article 14 The architectural form of industrial land shall match the industrial type, production activities and surrounding urban landscape. Industrial production plants shall conform to the design specifications of industrial architecture; rooms for R&D may be designed with reference to the design code of office buildings, and the plane layout and proportion of area configuration of each functional area shall be reasonably arranged. The houses used for pollution-free production in the new-type industrial land (M0) can be built in accordance with the planning and construction standards for plants.
Article 15 For the new-type industrial premises (excluding supporting administrative offices and living service facilities), the ground load capacity of the first floor shall be no less than 800 kg/m2, that of the second and third floor no less than 650 kg/m2, and that of the fourth floor and above no less than 500 kg/m2; each building shall be provided with separate passenger elevator and at least one freight elevator with a load capacity of two tons or more.
Forgeneral industrial premises (excluding supporting administrative offices and living service facilities), the ground load capacity of the first floor shall be no less than 1200 kg/m2, that of the second and third floor no less than 800 kg/m2, and that of the fourth floor and above not less than 650 kg/m2; each building shall be provided with at least two freight elevators with a load capacity above three tons.
Chapter III Land Supply Management
Article 16 Industrial access and land use standards for the newly supplied industrial land shall be tightened. Management of industrial project access shall be strengthened supplying land for projects of prohibited industrial types is strictly prohibited, the land used for projects of restricted industrial types will strictly controlled.
In the case of the supply of industrial land, district governments and Management Committee of Guangzhou Airport Economic Zone shall draft an input-output supervision agreement which includes industrial categories, time of start of production and target output achievement, investment intensity, total investment, output efficiency, total output value (including output value in the year of reaching the target output), taxation, and penalties for a breach of agreement; the authorized land supply plans shall be announced together, and the input-output supervision agreement shall be submitted to the municipal authorities of industry and information technology, planning and natural resources and commerce. The input-output supervision agreement shall comply with the provisions of Notice of Five Departments Including the State Administration for Market Regulation on Issuing the Detailed Rules for the Implementation of the Fair Competition Review System(Anti-monopoly Rules No.2 [2021] of the State Administration for Market Regulation); it may not set discriminatory conditions and other contents that exclude or restrict competition. Land bidders are required to provide the input-output supervision agreement signed by them at the time of registration for bidding, which shall be included in the land supply documents.
Article 17 Methods for supplying industrial land include:
1. The land meeting the requirements of Catalogue of Allocated Landcan be supplied through allocation;
2. If one of the following conditions is met, the land can be supplied through transfer agreement:
(1) The land which is approved for independent or cooperative transformation can be supplied through agreed transfer;
(2) For the land which is suppliedin the form “lease before transfer” and “transfer based on flexible tenure”, within three months before expiration of the transfer term, the original land transferee may apply for renewal of use; after the evaluation from relevant divisions organized by the transferor, if it meets the land spatial planning and industrial development planning, and if it is evaluated to be in accordance with the use conditions agreed in contract, the land can be renewed through agreed transfer;
(3) Other provisions where agreed transfer can be allowed;
3. Industrial land that subject to public supply shall be supplied publicly;
4. It is encouraged to supply industrial land in the ways of lease, “lease before transfer” and “transfer based on flexible tenure”;
5. Where policy provisions on the transfer of collective land use right are met, the right to use industrial land can be obtained through the transfer of the right to use collective land for construction;
6. In accordance with Notice of the General Office of the Guangdong Provincial People’s Government on Deepening the Reform of Industrial Land Market Allocation(No.226 [2021] of the People’s Government of Guangdong Province), for industrial projects with clear planning and construction conditions, district governments and Management Committee of Guangzhou Airport Economic Zone can organize authorities of planning and natural resources and housing and urban-rural development to prepare design plans for construction engineering, construction drawings and design documents in a synchronous manner, and the planning and natural resources authorities shall include them into the land supply scheme and implement the supply by means of bidding, auction and listing based on offered scheme. After the land user has signed the transfer contract of land use right and completed relevant procedures as required, the authorities of planning and natural resources and housing and urban-rural construction can apply for the issuance of certificates such as construction land planning permit, construction project planning permit, and construction permit. After the transaction, if it is necessary to adjust the construction engineering design plan and construction drawing design documents on the condition of not involving changes in planning conditions, adjustment procedures for paid land use contract are not required;
7. General industrial land can be allocated or transferred through agreement to industry and information authorities, investment promotion authorities, development zones or industrial park management committees of districts and Guangzhou Airport Economic Zone, specifically for the purpose of construction of standard factory buildings for lease only, provided that the general industrial land allocated or transferred through agreement is located within industrial blocks. The area of general industrial land supplied in this way shall not exceed 10% of the total area of industrial land planned to be supplied in this administrative region in the current year. Land supply results shall, in accordance with the requirements of Notice of the General Office of the Guangdong Provincial People’s Government on Deepening the Reform of Industrial Land Market Allocation(No.226 [2021] of the People’s Government of Guangdong Province), report to the Department of Natural Resources of Guangdong Province for record;
8. The mixed-use land including industrial use and other- industry use (excluding commercial housing) can be supplied through bidding, auction and listing. Among them, the proportion of capacity building area of general industrial buildings may not be less than 50% of the total capacity building area of the land. The four-dimensional scope and functional ratio of mixed land shall be clearly defined in the detailed plan and planning conditions.
For projects whose investment scale and intensity fail to meet the specified requirements, in principle,the land will not be provided separately, and they will be guided into the standard plant.
Article 18 The maximum transfer term of industrial land shall be set at 50 years. District governments and the Management Committee of Guangzhou Airport Economic Zone may adopt the method of “transferring based on flexible tenure” to transfer the industrial land according to industrial development cycle and in accordance with relevant regulations.
Article 19 The municipal industry and information technology authorities shall, in conjunction with authorities of development and reform, science and technology, district governments, and Management Committee of Guangzhou Airport Economic Zone, formulate detailed implementation rules covering the content such as mechanism, process, and standards for the entry and exit of the new-type industrial land (M0) projects (including projects to be introduced through division and transfer).
The district governments and Management Committee of Guangzhou Airport Economic Zone shall, in accordance with requirements of implementation rules of the preceding provisions, organize relevant district authorities and industrial block management agencies to propose opinions on industrial access to the investment projects which are introduced in the new-type industrial land (M0) application, as the basis for land supply of the new-type industrial land (M0).
Article 20 State-owned construction land that has been transferred as general industrial land can be adjusted to the new-type industrial land (M0) by making a supplementary payment of the transfer fee if all the following conditions are met:
1. Having obtained the right to use state-owned construction land;
2. Not involving enterprise-caused idle land or no violation of the transfer contract of land use right;
3. Having obtained the planning conditions for the new-type industrial land (M0);
4. Having obtained the industry access opinion for the new-type industrial land (M0) as stipulated in Article 19 of these measures.
Article 21 Where any application is made to change state-owned construction land that has been transferred as general industrial land into the new-type industrial land (M0), procedures shall be handled as follows:
1. The land user submits an application to the local district government, Management Committee of Guangzhou Airport Economic Zone or their designated agencies.
2. The local district government, Management Committee of Guangzhou Airport Economic Zone or their designated agencies shall, according to the needs of industrial development in the region, after checking that the applied land meets all the conditions specified in Article 20 of these measures, sign the input-output supervision agreement of the project with the land user;
3. The planning and natural resources authorities shall, in accordance with the opinions on industrial access as issued by the district government, the Management Committee of Guangzhou Airport Economic Zone or their designated agencies, and with the input-output supervision agreement of this project, sign a modification agreement of the transfer contract of land use right, and calculate and collect the land transfer fee in accordance with the provisions of Article 23 of these measures.
In the case of applying for an adjustment of the collective construction land whose use right has been obtained to the new-type industrial land (M0), the preceding provisions can be referred to.
Article 22 The reserve price of transferring new general industrial land shall be comprehensively determined on the basis of land price assessed by the market. For manufacturing projects which belong to high-priority development industries in Guangdong Province and for which the land is used intensively and economically (plot ratio and building coefficient exceeds the national standard 40% and investment intensity is increased by more than 10%) , the reserve transfer price can be 70% of the lowest price standard for industrial land corresponding to the local land categories, but it mayl not be less than sum of the cost of land acquisition, the cost for the early-stage development of the land and relevant fees, nor less than the reserve price of land transfer stipulated by the state and province. The starting price of transferring additional industrial land with a transfer term less than 50 years, and the annual rental price of industrial land supplied by way of “lease before transfer”, shall comply with Notice of Guangzhou Municipal People’s Government on Revision of Implementation Measures of Guangzhou for Transfer of Industrial Land Use Right by Way of “Lease before Transfer” and “Transfer Based on Flexible Tenure”(No.2 [2019] of the Guangzhou Municipal People’s Government).
Thereserve price of transferring additional new-type industrial land (M0) shall be the product of 20% of the floor area price for office use assessed by the market in the same lot at the time of transfer and the total capacity building area of the site (excluding the floor area to be handed over without compensation), and be determined after the revision according to the actual transfer term. It may not be less than the sum of the cost of land acquisition, the cost for the early-stage development of the land and relevant fees, nor less than the reserve price of land transfer stipulated by the state and province. The valuation formula is:
P = C×20%×S×（N/50）
Where: P is thereserve price of transferring the new-type industrial land; C is the floor area price for office use assessed by the market in the same lot at the time of transfer; S is the total capacity building area of the site (excluding the floor area to be transferred without compensation); 50 years shall be the maximum transfer term of the industrial land, and N shall be the actual transfer term (unit: year).
Article 23 For stock general industrial land, on the premise of conformity to the land spatial planning and regional industrial development policies and no change in land use, with the approval obtained to build, reconstruct or expand industrial projects within the original land scope and if the investment intensity, plot ratio and other indicators meet the provincial and municipal regulations, an agreement on the change of the contract for transferring land use right shall be signed, and there is no need to make a supplementary payment for the land transfer fee of the increased construction area.
For the stock general industrial land which is approved to be adjusted into new-type industrial land (M0), a supplementary payment for the land transfer fee shall be made and the amount shall be the product of 20% of the floor area price for office use assessed by the market in the same lot at the time when the planning and natural resources authorities accept the application from the land user for signing the modification agreement of the transfer contract and the total capacity building area of the plot (excluding the floor area to be transferred without compensation), and the term shall be corrected according to the remaining years of the right to use the transferred land.
Article 24 Where additional new-type industrial land (M0) is organized for sale, or stock general state-owned industrial land is approved to be adjusted into the new-type industrial land (M0), when signing the modification agreement of transfer contract of land use right is signed, it shall be stipulated in the transfer contract of land use right or in the modification agreement that, the land user shall hand over without compensation to the district governments, Management Committee of Guangzhou Airport Economic Zone or their designated agencies no less than 10% of the industrial buildings after deducting the supporting administrative offices and living service facilities; the specific proportion shall be determined by the district governments and Management Committee of Guangzhou Airport Economic Zone. The design requirements, construction standards, construction period and handover time of the industrial building to be handed over without compensation shall be agreed in the input-output supervision agreement attached to the transfer contract of land use right or modification agreement.
The industrial buildingshanded over without compensation shall not be counted as saleable area of the project, and shall not be divided for registration and occupy the transfer proportion of the project. It shall be managed by the local government and the Management Committee of Guangzhou Airport Economic Zone in an overall manner, and shall be used for the introduction of industrial projects, arrangement of public service facilities or other public welfare purposes.
Article 25 For the use of industrial buildings outside the industrial block for an integrative development of manufacturing, and services of cultural creation and science and technology, where it meets the investment and industrial requirements after the review by the authorities of development and reform and the industry in charge, the land can be used according to its original use and type of land rights within the five-year transition period. If relevant land use procedures need to be handled for the transfer at the expiration of five years, where the new use is consistent with the detailed planning, the planning conditions can be adjusted according to the application for new use, the procedures for transfer agreement can be handled, the supplementary land transfer fee can be paid according to the new use and the price accessed by the market at the time of applying for a supplementary payment of transfer fee, and the real estate registration procedures can be handled. If the new use is inconsistent with the detailed plan, an application for adjustment of the detailed plan shall be made before applying for the planning conditions.
Article 26 After the issuance and implementation of these measures, the transfer contract of the right to use industrial land shall specify the following content:
1. Where the industrial land is applied to be adjusted into commercial spaces, offices, commercial residential buildings, tourism land and for other non-industrial business use, the land use right shall be withdrawn by the land transferor and compensation shall be given to the land user according to the value of on-ground buildings, structures and their appurtenances at the time of withdrawal and the assessed market price of the right to use state-owned construction land in the remaining term as well as the direct loss identified by the assessment;
2. Where it is intended to establish a new company for development and construction after obtaining the right to use industrial land through the establishment of a project company or bidding, the investment composition, equity structure and other contents of the project company or the new company shall be specified in the application documents for public transfer, and the project company or the new company’s business scope and qualifications shall comply with the transfer conditions in the land transfer announcement;
3. The time limit for the start of production and for target output achievement, annual value of production after reaching the target output, point-in-time of post-supply supervision and evaluation, evaluation requirements and rectification and treatment measures for failure to meet the evaluation standards after the supply of industrial land;
4. The underground space of industrial land may not be divided for registration, transfer or separate mortgage;
5. Any division, transfer and re-transfer of buildings in the industrial land shall meet the conditions specified in Article 28 or 29 of these measures;
6. The industrial building area of the new-type industrial land (M0) project to be handed over without compensation to the district governments, the Management Committee of Guangzhou airport economic zone or its designated organization.
Chapter IV Property Rights Registration and Division &Transfer
Article 27 The right to use industrial land shall be registered with parcel as a unit. The first registration and division registration of buildings within the parcel shall not change the registered parcel area. The land use shall be registered as industrial land, and the classification of industrial land shall be marked on the certificate of real estate property right.
The registration of the right to use the industrial land supplied by means of transfer shall be handled according to law after the land transfer fee is paid in accordance with the contract.
The registration of the right touse the industrial land supplied by way of “lease before transfer” may not be handled during leasing period, and the right to use the construction land may not be transferred, subleased or mortgaged.
If the right to use state-owned construction land of an industrial project is transferred for the first time and the development investment has not reached 25% of the total development investment agreed in the contract of transferring land use right, the transfer contract can be signed first and the advance-notice registration of real estate can be handled; when the total development investment has met legal requirements, the transfer of real estate can be registered according to law.
If the transferor violates the contract orthe transfer involves idle land, they shall be settled well in accordance with the law and regulations before the application for the registration of transferring real estate. The transferee can apply for approval procedures including project planning, construction, environmental assessment, and fire protection with the proof of advance-notice registration. The verification of the amount of development investment shall be based on the audit report or assessment report issued by a qualified intermediary, or written verification issued by district governments, Management Committee of Guangzhou Airport Economic Zone or management committee of development zone (industrial park).
Article 28 The industrial buildings of manufacturing enterprises, which are located in the state-owned ordinary industrial land within industrial blocks and whose property rights have been confirmed and registered, can be divided and transferred with some fixed boundaries such as building, floor, room as the basic unit for registration, provided that the minimum unit of building area is not less than 500 m2. The divided and transferred industrial buildings, on the premise of still being used for industrial development, can be used for the introduction of industrial projects from partners in relevant industrial chains, and the transferees shall be the transferors’ partner enterprises in such chains that have been registered in accordance with the law and have been recognized by industry and information technology authorities. Whether the subject of the registration, transferor and transferee of the divided area meet the conditions set forth in this article shall be subject to the opinions of authorities of the real estate registry in local district and the industry and information technology authorities in Guangzhou Airport Economic Zone. The proportion of industrial building divided for transfer shall not exceed 60% of the total capacity building area after the deduction of the capacity building area of supporting administrative offices and living service facilities.
Where enterprisesknown as “chain master” that meet the requirements of industrial orientation and policies in Guangzhou, and “specialized, refined, differential and innovative” enterprises at provincial level and above, apply for the registration of dividing and transferring industrial buildings which are located in the state-owned ordinary industrial land within industrial blocks and whose property rights have been confirmed and registered, they shall go through procedures with reference to the preceding paragraphs.
The supporting administrative offices and living service facilities withinthe general industrial land may not be separately registered for division, transferred or mortgaged. However, they can be registered for division, transferred or mortgaged in proportion to the industrial buildings with building, floor, or room as the basic unit. Industrial buildings and supporting facilities may not be re-transferred within five years from the date of the registration for division and transfer of the real estate; the start and ending time shall be noted in the registration certificate of real estate ownership. If the original land approval document or transfer contract of land use right stipulates that the registration of division and transfer is allowed, the approval document or transfer contract of land use right shall prevail. However, with the opinions from the local government and the Management Committee of Guangzhou Airport Economic Zone and the consent from the land approval authorities or the land use right transferor, provided that the land approval document is re-obtained or the transfer contract of land use right is changed, the registration of division and transfer can be carried out in accordance with relevant provisions of these measures. If the original land approval documents or the transfer contract land use rights does not specify explicit provisions on the registration of division and transfer, and the land ownership has been registered while the land approval document has not been obtained or transfer contract of land use right has not been signed, with the opinions from the local district government or Management Committee of Guangzhou Airport Economic Zone and the consent from the land approval authorities or the use right transferor, where the land approval document has been re-obtained or the transfer contract of land use right has been changed, the registration of division and transfer can be made in accordance with relevant provisions of these measures.
It is encouraged to organize the construction of industrial buildings and high-standard plants that meet Guangdong High-standard Plant Design Code(DBJ/T15-235-2021), Guangzhou’s industrial orientation and policy requirements, and the local district’s standards on tax, economic contribution, and growth in various districts and Guangzhou Airport Economic Zone. The district governments and the Management Committee of Guangzhou Airport Economic Zone shall formulate detailed implementation rules for the construction of industrial buildings and high-standard plants in the districts and zones respectively and submit them to the municipal authorities of industry and information technology, and planning and natural resources for record. The upper limit of the proportion of industrial buildings and high-standard plant premises to be registered for division and transferred, and the period in which they may not be re-transferred, are not restricted by this article; they shall be specifically stipulated by the districts or Guangzhou Airport Economic Zone at the time of the land transfer.
Forgeneral industrial land supplied by means of transfer, the right to use the land for construction and the buildings can be transferred and mortgaged according to law, and in principle, the projects beyond the circumstances specified in the preceding four paragraphs shall be transferred and mortgaged as a whole.
Article 29 Buildings in the new-type industrial land (M0) can be registered for division and transferred with fixed boundaries such as building, floor and room as the basic units in the transfer contract of land use right. The proportion of area registered for division and transferred shall not exceed 50% of the total capacity building area after deduction of the capacity building area of supporting administrative offices and living service facilities.
Application for registrationof division and transfer shall be implemented as follows:
1. For the project in application for division, the application unit shall be the land corresponding to the transfer contract of land use right; the assessment and evaluation of the indicators involved shall be based on the transfer contract of land use right;
2. The building area of the minimum unit shall not be less than 500 m2. If the annual average land tax for three consecutive years after the completion of the project reaches 1.2 times or more of the standard for reaching the target output specified in the implementation guidelines for entry and exit of the new-type industrial land (M0) in the city, and the operation subject does not violate the input-output supervision agreement, it is allowable for the building area of the minimum unit may to be no less than 400 m2, subject to recognition by industrial and information authorities of all districts and Guangzhou Airport Economic Zone. The total building area divided may not exceed what is agreed in the transfer contract of land use right, and buildings used as supporting administrative offices and living service facilities of the new-type industrial land (M0) may not be registered for division, transferred or mortgaged;
3. The transferee of the divided area shall be industrial enterprises or manufacturing enterprises engaged in production, R&D, and design, and shall meet the standards on tax, economic contribution and growth formulated by district governments and the Management Committee of Guangzhou Airport Economic Zone. As to whether the subject of registration, transferor and transferee of the divided area meets the conditions specified in this article, the real estate registry shall solicit the opinions of the industrial and information authorities of the local district and Guangzhou Airport Economic Zone or the organizations designated by the district government and the management committee;
4. After the division and transfer of the property right of the new-type industrial land, it is not allowed to re-transfer the land within five years from the day of the registration of the real estate property right. In case of a transfer after five years, the new transferee shall meet the requirements of Provision 3 of this article.
Chapter V Post-supply Supervision
Article 30 The district governments and Management Committee of Guangzhou Airport Economic Zone or their designated agencies shall undertake the supervision responsibilities over industrial land, with particularly intensive supervision over industrial access, resale, sublease, output indicators, and change of use, to ensure that the industrial land is actually used for industrial projects.
Article 31 The district governments and the Management Committee of Guangzhou Airport Economic Zone shall comprehensively adopt economic, administrative and legal means and work with relevant functional authorities to deal with idle and defaulted industrial land in accordance with the law:
1. Where a land user terminates the project construction for its own reasons, it may apply to the transferor for returning the land. If an application is made within less than one year after the commencement date agreed in the use right transfer contract, and prior to not less than 60 days and one year before the expiry date, after the deduction of deposit, the transferor shall refund the payment of transferring the right to use the state-owned construction land which has been paid by the enterprise; where an application is made within two years but over one year after the commencement date and prior to not less than 60 days and two years before the expiry date, after the deduction of deposit and the collection of the land idle fee according to regulations, the transferor can refund the remaining payment of transferring the right to use state-owned construction land which has been paid;
2. For those who fail to meet the standards agreed in the contract in the evaluation of production capacity and process, they shall be urged to make rectification in accordance with the contract; if the rectification requirements are not met within the time limit, liquidated damages may be charged according to the contract until the land use right is withdrawn;
3. Where a land user makes the land idle for more than one year but less than two years due to its own reasons, and the land user obtains the land use right by means of transfer, the land user shall be charged a land idle fee at 20% of the land transfer price; if the land user obtains the land use right by means of allocation, where the allocated land price is available, the land idle fee shall be 20% of the allocated land price. If there is no allocated land price, the land idle fee shall be 20% of the land use right price at the time of land allocation.
If the land has been idle for two years and should bewithdrawn without compensation according to law, it shall be withdrawn and re-arranged for use. If the user of state-owned construction land violates laws and regulations, contract agreements or provisions of written decision on land allocation for malicious land hoarding and speculation, before the disposal of idle land is completed, any application for using new land from such user may not be accepted, and registration procedures for transfer, lease, mortgage and change of land identified as idle may not be handled;
4. Those who change the use of industrial land without authorization shall be ordered to make rectification within a time limit and restore the industrial use. If the rectification is not in place, the authorities of market supervision and administration, taxation, industry and information technology shall be organized to dispose of the land user according to law. If the circumstances are serious, the transferor may terminate the contract and withdraw the right to use the industrial land in accordance with the provisions of the transfer contract of land use right.
Article 32 A performance evaluation system for land use shall be established for industrial land projects. The municipal authorities of industry and information technology shall take the lead, and cooperate with authorities of municipal development and reform, planning and natural resources, housing and urban rural construction, statistics, market supervision and management, and taxation to guide the district governments and Management Committee of Guangzhou Airport Economic Zone in carrying out industrial supervision, establish a platform for the monitoring of industrial big data and analysis management so as to regularly analyze the output benefits after land supply.
The district governments and Management Committee of Guangzhou Airport Economic Zone shall, in accordance with thetransfer contract of land use right, the input-output supervision agreement, and the principle of “those who put forward a condition shall conduct supervision”, in conjunction with the authorities that put forward the relevant conditions, evaluate and assess the implementation and investment of industrial policies such as total investment and investment intensity (including projects), output status such as output per unit area and tax revenue, as well as the completion of other indicators agreed in the transfer contract of land use right and input-output supervision agreement, respectively in the stages of commencement and completion, in the period of reaching target output, every three to five years after reaching target output, and one year before the expiration of transfer term.
Chapter VI Supplementary Provisions
Article 33 The enterprises known as “chain masters” in Guangzhou in these measures shall refer to those enterprises determined as “chain masters” in an industrial chain by the municipal chain chief guiding the leading departments of key industrial chains and based on coordinated opinions of all parties in accordance with the provisions of Guangzhou on the “Chain Chief System”.
“Specialized, refined, differential and innovative” enterprises at provincial-level and above shall refer to the valid, specialized, refined, differential and innovative national enterprises known as “little giants” recognized by the Ministry of Industry and Information Technology, and the valid, specialized, refined, differential and innovative small- and medium-sized enterprises at provincial level recognized by the Department of industry and Information Technology of Guangdong Province.
Article 34 If the administrative normative documents of Guangzhou cited in these measures are modified or re-formulated, such modified or re-formulated documents shall prevail.
Thesemeasures shall enter into force as of the date of issue and shall be valid for five years. Notice of the General Office of Guangzhou Municipal People’s Government on Issuing Implementation Measures of Guangzhou City for Improving Efficiency of Industrial Land Use(No.4 [2019] of the General Office of Guangzhou Municipal People’s Government) shall be repealed at the same time.
Annexes: 1. Table of Indicators for Guangzhou Industrial Land Planning Control
2. Map ofthe Municipal Core Area
Annex 1
Table of Indicators for Guangzhou Industrial Land Planning Control
Notes:
1. Industrial land with special requirements for production processes should have a plot ratio of not less than 0.8.
2. Where industrial projects with special needs have to break the indicators limits of the above table, and that concerns the adjustment of the plot ratio, the procedures specified in provision 2 of Article 12 in these measures shall be followed. Where the adjustment concerns building density, green space ratio, building height limit and other indicators, the procedures specified in provision 3 of Article 12 in these measures shall be followed; it is applicable to make a separate local amendment to the detailed plan, or make such amendments to the detailed plan simultaneously at the stage when the planning is in application for construction. In the review process, the planning and natural resources authorities of the districts and the Guangzhou Airport Economic Zone shall, in conjunction with authorities of industry and information technology, development and reform, and ecological environment, organize an expert meeting on the adjustment plan to justify the reasonableness and necessity of breaking the indicators in the above table.
Annex 2
Map ofthe Municipal Core Area
Form of Disclosure: Active Disclosure
Issue by the Secretariat of General Office of Guangzhou Municipal People’s Government on April 28, 2022