Pu Fu Guan Gui [2022] No. 5

To all committees, offices and bureaus of the district government, all administrative bureaus (commissions), all enterprises directly under the district government, all sub-district offices and township governments,

The Several Provisions of Pudong New Area on Improving the Quality and Efficiency of Stock Industrial Land are hereby promulgated for your earnest implementation.

 December 12, 2022

  

Several Provisions of Pudong New Area on Improving the Quality and Efficiency of Stock Industrial Land

Article 1    Purpose and Basis

To guide the efficient allocation of industrial land resources, expedite the revitalization of stock industrial land, and promote the high-quality development of industries, these Provisions are hereby formulated pursuant to the Opinions of the Central Committee of the Communist Party of China and the State Council on Supporting the Pudong New Area to Build a Leading Area in Socialist Modernization through High-level Reform and Opening-up, the Decision of the Standing Committee of Shanghai Municipal People's Congress on Formulating Regulations of Pudong New Area to Strengthen Rule-of-Law Safeguards for High-Level Reform and Opening-Up in This Area  and applicable provisions, and in light of the actual conditions of Pudong New Area ( “this district”).

 

Article 2    Scope of Application

These Provisions are applicable to the activities of support, guarantee, supervision, and management to improve the quality and efficiency of stock industrial land.

For the purposes of these Provisions, “stock industrial land” refers to the industrial, research and development (“R&D”), and warehousing land acquired by such means as allocation, transfer, lease, and transfer in the secondary market.

 

Article 3    Basic Principles

The quality and efficiency improvement of the stock industrial land shall follow such principles as for industry purposes, performance first, multi-party participation, market-oriented, and coordinated supervision.

 

Article 4    Promotion Mechanism

The district government shall strengthen its leadership in the quality and efficiency improvement of the stock industrial land, establish a coordination and advancement mechanism, and make overall plans, coordination, and decisions on major issues.

The district industry department takes charge of evaluating the efficiency of resource utilization, developing industrial entry requirements and providing regulation agreements, and overall promoting industrial development projects. The district planning and resources department takes charge of the spatial planning direction, land administration, and project implementation assurance. The district development and reform department takes charge of formulating the overall plan for industrial development, and conducting integrated policy research. The district ecological environment department takes charge of preparing environmental impact assessment reports for industrial park planning and integrating resource indicators for the water system, green space, and forest land of major industrial projects. The state-owned assets supervision and administration agency of this district takes charge of coordinating state-owned enterprises to engage in the quality and efficiency improvement of the stock industrial land.

The departments of transportation, finance, market supervision, emergency administration and others of this district carry out appropriate work within their respective functions and duties in a coordinated manner.

The administrative bureaus (commissions) and the township governments are in charge of the general coordination in respect of the implementation, supervision, and management of the projects within their respective areas.

 

Article 5    Evaluation of Resource Utilization Efficiency and Its Application

The district industry department regularly organizes surveys of resource utilization efficiency in conjunction with the development and reform department, resource planning department, and ecological environment department. The evaluation results after survey are classified as priority support, encouragement and upgrading, adjustment and transformation, and remediation and vacation, which are used to support the quality and efficiency improvement of the stock industrial land.

This district takes on a guiding role of government in allocating resources. The district government will, based on the evaluation results of resource utilization efficiency, encourage the adjustment, transformation, transfer, and vacation of inefficient projects while support the innovative development and capability upgrading of high-quality projects in terms of industrial access, land use, technological transformation, energy prices, fiscal and taxation policies, and credit policies. 

The administrative bureaus (commissions) and the township governments shall, after considering the evaluation results of resource utilization efficiency, establish a key projects database to enhance the quality and promote the efficiency of the stock industrial land in their respective regions, and formulate a promotion plan and expedite its implementation.

 

Article 6    Strict Entry Management

The district industry department shall, in conjunction with appropriate development and reform department, planning and resources department, and ecological environment department, adhere to the requirements of industrial utilization, regularly improve the entry standards to improve the quality and efficiency of the stock industrial land as required by the industrial orientation and regional planning, adhere to the performance-based success, that is, science and technology achievement, yield, effectiveness, energy consumption, and environment as the yardstick of success, strengthen the project access review, and incorporate the access requirements into the land transfer contract.

 

Article 7    Supporting the New Industry Arrangement Mode

在产业主管部门组织论证可行的前提下，支持未纳入全生命周期管理的存量工业用地项目在签订产业监管协议后，建设功能复合楼宇，形成集生产、研发、中试、展示、销售、配套为一体的综合高效利用的产业空间，可以出租给符合产业导向和区域规划定位的项目。促进存量产业用地提质增效，工业用地容积率不低于2.0，通用类研发用地容积率不低于3.0。工业企业工业用地经批准提升容积率不再补缴土地款。

The stock industrial land projects not covered by the whole life cycle management, after signing the industrial supervision agreement and a feasibility demonstration organized by the competent industry department, are encouraged to construct multi-function buildings which may form the comprehensive and effective industrial space integrating the functions of production, R&D, pilot test, exhibition, sales, and supporting services. The industrial space may be leased to projects aligned with the industrial orientation and regional planning. For the purpose of the quality and efficiency promotion improvement of the stock industrial land, the plot ratio of industrial land shall not be less than 2.0, and the plot ratio of general R&D land shall not be less than 3.0. The industrial enterprises granted with industrial land after being approved to increase the plot ratio need not pay extra land charges.

The industrial land covered by the whole life cycle management may be converted into and classified as standard factory buildings after the approval of the district government based on the performance evaluation.

 

Article 8  Supporting the Supply of High-quality and Low-cost Standardized Factory Buildings and General R&D Properties

State-owned enterprises are supported to take the lead, and participate in quality and efficiency improvement of the stock industrial land through the acquisition of stock industrial projects.

State-owned enterprises are encouraged to build high-quality and low-cost standardized factory buildings and general R&D properties in their own stock industrial lands. Standardized factory buildings and general R&D properties, in addition to their own use and after obtaining approval to increase the plot ratio, may be allocated to technology start-ups upon the fulfillment of the lease management requirements.

 

Article 9    Supporting the Lease of Surplus Space

Factory buildings and R&D properties under the stock industrial land projects after being incorporated into the whole life cycle management may be leased to technology start-ups, or operators of incubators or accelerators after obtaining approval. The rental price shall be capped.

 

Article 10    Supporting Multi-party Participation

Various market entities such as park development and operation enterprises and social capital with investment resources and operation experience are supported to participate in the development and construction of the stock industrial land and the operation and management of the park through acquisition and cooperation with the original land right holders.

Article 11    Supporting Retransferring after Stocking

The district government may, depending on the needs of industrial development, purchase and store the stock industrial land pursuant to law and retransfer such industrial land.

The retransfer price of industrial land shall align with the principle of threshold management. The starting transfer price of industrial land shall be determined by collective decision, and may be lower than the cost price.

 

Article 12 Supporting the Transformation of Sporadic Industrial Land

Based on the needs of industrial development in the district, the industrial land may be transformed into R&D land upon approval and by paying extra land transfer fee.

After the collective decision by the district government, the land transfer fee for industrial land may be paid in instalment, the period of which shall not be more than two years and must be fully paid off before the registration of such land. The extra land transfer fee is determined based on such factors as land acquisition cost and public factor contribution.

 

Article 13  Supporting the High-quality Transformation of Vast Stretches

Administrative bureaus (commissions) and the township governments are supported to select the stock industrial land in vast and relatively complete stretches, delimit the vast stretches to be transformed, formulate work plan, and promote the high-quality development of the industry through centralized purchase and warehousing.

 

Article 14  Effective Use of Industrial Supervision Agreements

The project to enhance the quality and promote the efficiency of the stock industrial land shall start with an industrial supervision agreement and be incorporated into the land transfer contract, which shall specify the entry category, investment intensity, output efficiency, energy conservation, environmental protection, performance undertaking, production time, and default liability.

Administrative bureaus (commissions) and the township governments are responsible for the routine supervision of the project, regularly check the performance of the supervision agreement, and submit the verification to the industry department, the planning and resources department of the district.

 

Article 15    Whole-life Cycle Supervision

The district government coordinates and organizes all appropriate departments, administrative bureaus (commissions) and township governments to implement the whole life cycle supervision, apply systematic, intensive, and dynamic utilization management to industrial land, and carry out dynamic evaluation and supervision of the utilization of the project during the land use period.

 

Article 16     Coordinated Inter-department Supervision

A single supervision information system for the stock industrial land shall be established in the district, and such information as indicators requirements and utilization performance of industrial land shall be incorporated into such system. The dynamic supervision mechanism for information sharing and inter-department coordination shall be improved.

The joint supervision of land-related equity transfer and other activities shall be strengthened, and the construction of enterprise credit system shall be promoted. The dishonest enterprise that fails to fulfill statutory obligations shall be put under supervision in the aspects of project examination, approval, filing, and mortgage-based financing.

The joint supervision on land use that violates law or agreement shall be strengthened. Different departments shall intervene in advance to stop the “unqualified utilization” (non-industrial utilization) of industrial land from source and ensure the industrial attributes of industrial land.

 

Article 17    Implementation Rules

The implementation rules concerning the supporting measures in these Provisions shall be formulated separately by the district government or the industry department, planning and resources department, and other appropriate departments.

 

Article 18    Effective Date

These Provisions shall come into force as of January 15, 2023 until January 14, 2028.