Implementation Measures of Guangzhou Huangpu District/Guangzhou Development District for Improving the Utilization Efficiency of Industrial Land

Chapter I General Provisions

Article 1    To further improve the utilization efficiency of industrial land and guarantee its economical and intensive use, the implementation measures is formulated in accordance with the Regulations on the Implementation of the Land Administration Law of the People's Republic of China, Regulations on the Economical and Intensive Use of Land, Notice of the State Council on Promoting Economical and Intensive Land Use (Guo Fa [2008] No 3), Opinions of the State Council on Advancing the Innovation and Improvement of National Economic and Technological Development Zones and Creating New Highlands for Reform and Opening Up (Guo Fa [2019] No 11), Regulations of Guangzhou Economic and Technological Development Zone, Guangzhou Municipal Regulations on Urban and Rural Planning Procedures, Technical Regulations of Guangzhou on Urban and Rural Planning, Decision of Guangzhou Municipal People's Government on the Withdrawal of Municipal Administrative Authority (Municipal Government Decree No 188), Guangzhou Guidebook on Industrial Land Use, Notice of Guangzhou Municipal People's Government on the Issuance of implementation measures for Improving the Utilization Efficiency of Industrial Land (Sui Fu Ban Gui [2022] No 5) and other relevant provisions, and in light of the actual situation of Guangzhou Huangpu district/Development District.

Article 2    The implementation measures apply to the planning and use management of industrial land within the jurisdiction of Huangpu district/Development District of Guangzhou (excluding the Guangzhou International Bio Island. The China-Singapore Guangzhou Knowledge City can refer to these measures). For matters otherwise stipulated by the urban renewal policies, such as the renewal and renovation of industrial clusters in villages and towns, the urban renewal policies shall prevail.

Industrial land consists of two types: regular industrial land and new industrial land (M0).

Regular industrial land refers to type-1 industrial land (M1), type-2 industrial land (M2), and type-3 industrial land (M3) as stipulated in the Code for Classification of Urban Land Use and Planning Standards of Development Land (GB50137-2011).

New industrial land (M0) refers to land used for R&D, creativity, design, pilot plant test, testing, pollution-free production, and other relevant links and supporting facilities to facilitate the development of innovative enterprises and meet the space demand of innovative people.

Article 3    Industrial land users are encouraged to improve land utilization efficiency by adding floors to factory buildings, rearranging plant layout and land use, adding underground space, and in other ways, providing such activities comply with the land and space planning and fire protection requirements.

Article 4    The district planning and natural resources department and departments of administrative approval are responsible for the implementation of the implementation measures. Administrative regulators in charge of development and reform, investment promotion, science and technology, industry and information technology, public security (traffic police), ecological environment, housing and urban-rural development, water affairs, culture, radio, television and tourism, emergency response, urban management, and other matters, as well as the sub-districts and towns where the project is located, shall implement the implementation measures within their respective scope of duty.

Chapter Ⅱ Planning Management

Article 5    New industrial land (M0) shall on principle be sited in the Guangzhou's second central business district, the Pearl River Development Belt in the eastern part of the city (west of the Second East Ring Expressway), the core area of science city, the area around Jiulong Lake, and in areas outside the 500 m radius of rail transit stations either built, under construction or with the planning and siting formalities completed.

Provided the preceding paragraph is satisfied, Article 5 of the Sui Fu Ban Gui [2022] No 5 shall be observed regarding the priority sitting area, the scope of pilot implementation, the area of land use, and other requirements for new industrial land (M0).

Regarding the siting of new industrial land (M0), for new land demand, the district investment promotion department shall apply; for approved land, the land user shall apply to the district industry and information technology department; for land involving sci-tech enterprise incubators and accelerators, the land user shall apply to the district science and technology department. After the applicant obtains the industrial access, the planning and natural resources department, in conjunction with other relevant departments, will study and propose a siting plan, which will be examined by the district government and then submitted to the municipal planning and natural resources department for review. After passing the review, the siting plan will be submitted to the municipal government for approval. The adjustment of the detailed plan shall proceed by relevant regulations.

Article 6    Regarding the building ratio, planned layout, and other requirements on the administrative premises and living facilities built on the regular industrial land and new industrial land (M0), Article 9 of Sui Fu Ban Gui [2022] No 5 shall be observed. 

Article 7    Industrial land, within the original scope and upon approval, can be developed at a greater intensity to expand production, increase production capacity, and for other reasons, except for any of the following situations:

(i) Enterprises are not registered in Guangzhou Huangpu district/ Development District in terms of industrial and commercial registration, taxation, or statistics;

(ii) Idle land investigation has been launched on the project, or the project land has already been designated as idle land but has not been disposed of accordingly;

(iii) The projects fall under the "prohibited category" as stipulated in the Guangzhou Guidebook on Industrial Land Use;

(iv) The land is included in the government's land reserve plan and to be used for non-industrial purposes;

(v) Industrial land is occupied by enterprises that are required to exit the secondary industry;

(vi) Projects are incongruous with the requirements for eco-environmental protection and safe production based on studies by the Huangpu branch of Guangzhou municipal ecological environment bureau, the district emergency management bureau, and other departments;

(vii) Projects are incongruous with current requirements for land and space planning and development;

(viii)  The lease of industrial land or the application for improving its utilization efficiency for the lease has not been approved by the district government or the administrative committee;

(ix) Other situations where the district government, administrative committee, or relevant authorities decide to not approve the application. 

Article 8    Projects that apply to raise the utilization efficiency of industrial land shall be in line with the district's direction of industrial development and have sound prospective earnings. Industrial authorities in charge of investment promotion, science and technology, industry and information technology, and other matters shall consult with the administrative agencies of subdistricts, towns, and industrial parks where the project is located, and review project information such as access qualifications, construction, and input-output ratio. Where the project has a significant impact on the traffic, ecological environment, social stability, and other aspects of the surrounding areas, a meeting of the district-leading group of investment promotion shall be convened for discussion and review.

Article 9    Where the application for improving the utilization efficiency of industrial land meets any of the following conditions, the district departments of administrative approval can review and approve (or not) the application according to relevant requirements without re-confirming the terms of planned land use.

(i) The adjusted control indicators as stated in the application exceed the original planning and designing conditions (including when the plot ratio is not specified in the original land approval documents or the contract of land use right assignment) but still comply with the current detailed plan;

(ii) The plot ratio is increased to no more than 2.5;

(iii) The plot ratio is increased by no more than 0.5 and the land involved is no larger than one hectare;

(iv) The productive buildings exceed the current detailed plan but the additional construction area is no more than 500 square meters and does not involve the production, storage, or use of flammable, explosive, toxic, hazardous, or dangerous substances while meeting such requirements as building setback and fire protection;

(v) Industrial enterprises, due to special processes, do need to adjust the building density, greening ratio, building height, and building spacing in the original land plan.

Regarding condition (i) to (iii), enterprises shall submit applications, investment commitments, planning and designing plans, and other materials; regarding condition (v), enterprises, in light of the actual land functions and their needs, shall carry out the demonstration in the stage of planning and designing plan review, and the plan shall comply with requirements regarding the design of traffic area, building spacing and setback, and fire protection.

Article 10    Where the application for improving the utilization efficiency of industrial land does not meet any conditions as stated in Article 9, the enterprise concerned after the project passes the review by district industrial authorities, shall submit to the departments of administrative approval the application, demonstration report on improving the utilization efficiency of industrial land, traffic impact assessment report, investment commitment, planning and designing a plan, and other relevant materials, and carry out other special assessments in light of the project situation and the feedback from competent departments. The following procedures shall be followed and it is unnecessary to apply for the confirmation of the planned land use.

(i) For land in industrial zones, if the application for improving the land's utilization efficiency is within the scope of the Industrial Land Planning and Control Indicators and Map of Functional Zones in Huangpu district/Development District and the Table of Industrial Land Planning and Control Indicators in Huangpu district/Development District, the district departments of administrative approval shall review and approve (or not) the planning and designing plan by relevant requirements. The departments of administrative approval shall regularly transfer the review result and demonstration materials to the planning and natural resources department, which shall then proceed given the actual situation and by relevant procedures, if detailed planning indicators are adjusted. 

(ii) For land in industrial zones, if the application for improving the land's utilization efficiency exceeds the scope of the Industrial Land Planning and Control Indicators and Map of Functional Zones in Huangpu district/Development District and the Table of Industrial Land Planning and Control Indicators in Huangpu district/Development District, or the application concerns land outside industrial zones, the district departments of administrative approval shall apply to an individual case to the district-level meeting for consideration. If the application is approved at the district-level meeting, the enterprise concerned shall apply to the planning and natural resources department to adjust the detailed plan by relevant procedures. When the adjustment is completed, the district departments of administrative approval shall review and approve (or not) the planning and designing plan by relevant requirements. 

This paragraph shall apply where the planning indicators of warehousing land are optimized. 

Article 11    To demonstrate the necessity for improving the utilization efficiency of industrial land, situations of the public facilities, municipal infrastructure, and other aspects of the surrounding areas should be covered. The district departments of administrative approval shall organize the review of the demonstration. If the project cannot be accommodated by the existing public facilities and municipal infrastructure and requires new auxiliary facilities and a separate plot of land, the enterprise concerned, on principle, shall make overall plans within the land area by the requirements of relevant industrial regulators, and the land used for new facilities shall be kept at no more than 20 percent of the total area of the industrial land.

For industrial land larger than 5 hectares, if the enterprise concerned applies for an increase in plot ratio, it, in light of the industrial category and features of the project, shall carry out a specific demonstration on how the increased plot ratio will affect the surrounding public facilities and municipal infrastructure. If the demonstration concludes that the public facilities and municipal infrastructure cannot accommodate the increased plot ratio, the enterprise shall solve the issue in one of the following ways:

(i) The maximal plot ratio and maximal building density of the project land shall be appropriately lowered as per the Table of Industrial Land Planning and Control Indicators in Huangpu district/Development District. The maximal plot ratio can be lowered by 10 percent on principle for land measuring between five and 10 hectares, and by 20 percent on principle for land measuring between 10 and 20 hectares.

(ii) The enterprise concerned shall, by relevant regulations, transfer no less than 10 percent of the land to the district government or relevant departments to build public facilities, municipal infrastructure, and other facilities. The specific percentage of the land to be transferred shall be determined in light of the actual situation during the review of the demonstration for improving the utilization efficiency of industrial land.

Where, according to the current detailed plan, public facilities and municipal infrastructure are planned in the scope of the assigned industrial land, such facilities and infrastructure shall take precedence, but their layout can be adjusted in light of the actual situation provided their functions and specifications are kept intact. 

Where the area of the assigned land has to be reduced, the Opinions of the General Office of Guangzhou Municipal People's Government on Strengthening Land Management (Sui Fu Ban Gui [2018] No 7) shall be observed. 

The district planning and natural resources department, in conjunction with relevant functional departments, shall make a scientific and reasonable plan promptly for local public facilities and municipal infrastructure in the land and space plan in light of the industrial and land and space plan, construction, and development in the district. 

Article 12    The floor height and plot ratio of single-story, multi-story, and high-rise industrial plants, warehouses, and new industrial buildings (excluding auxiliary administrative premises and living facilities) shall be calculated by the Methods of Plot Ratio Calculation for the Planning and Management of Guangzhou. Where there are special requirements on the floor height and plot ratio calculation due to production process or other reasons, such requirements shall be verified via special studies or expert review in the stage of planning and designing plan review.

Article 13    On principle, the Regulations on Parking Space of Construction Projects in Guangzhou shall be observed regarding the parking space of industrial construction projects. If there are special parking requirements due to the production process, such parking spaces can be built upon demonstration. In light of the industrial category, functions, and needs, new-type industrial projects and incubator projects can have more parking spots for motorized vehicles than traditional industrial projects, and that shall be demonstrated in light of specific project situations during the review of planning and designing plans.

Article 14    Industrial buildings shall reflect technological aesthetics while performing their functions. Those built along city roads shall be well arranged in terms of space and form. Special requirements regarding land and space planning, cultural relics protection, protection of famous and ancient trees, and height limit for aerial vehicles shall be satisfied by relevant regulations.

Article 15    Regarding the floor load, elevator settings, and other requirements of regular industrial buildings and new-type industrial buildings, Article 15 of the Sui Fu Ban Gui [2022] No 5 shall be observed. 

Chapter Ⅲ Land Supply Management

Article 16    For projects whose application for improving the utilization efficiency of industrial land has been approved, the land use right holder shall sign a supplementary contract to the contract of land use right assignment with the planning and natural resources department, based on the approval of the planning and designing plan. Where an enterprise fails to sign the supplementary contract, the relevant department of approval shall not issue the construction license to it. Where additional land assignment fees shall be paid, relevant provincial and municipal policies shall be observed.

Article 17    Where the maximal proportion of administrative premises and living facilities as stated in the original land approval or agreed in the land use right assignment contract is less than the proportion provided in Article 6, the enterprise concerned may file an application and the proportion provided in Article 6 can be adopted upon the approval of the planning and designing plan by the district departments of administrative approval. No extra land assignment fee needs to be paid when the proportion provided in Article 6 is not exceeded. Where the approved proportion of administrative premises and living facilities (land area or construction area) exceeds the maximal proportion specified in Article 6, an extra land assignment fee shall be paid based on the market value of the surplus area, whichever is higher when both the land area and the construction area exceed the maximal proportion.

Article 18    The assignment of industrial land with a "plan" is encouraged, for which the entity introducing the project, the district departments of administrative approval, and the planning and natural resources department shall work in coordination. Where the land user, after signing the land use right assignment contract, finds it necessary to adjust the project design and the construction drawings, it does not need to perform the formalities for adjusting the land use right assignment contract if the terms of the plan remain unchanged. 

Chapter Ⅳ Supervision & Management 

Article 19    Enterprises that improve the utilization efficiency of industrial land shall be supervised more closely. District departments in charge of investment promotion, science, and technology, or industry and information technology shall sign the input-output supervision agreement with the land use right holder who applies to improve the utilization efficiency of industrial land and urge it to achieve the goals set when introducing the project and filing the application. They shall also include the output value, tax, and other indicators as mandatory terms in the supplementary contract to the land use right assignment contract, to effectively promote industrial development by improving the utilization efficiency of industrial land.

For projects using existing industrial land that apply to improve the utilization efficiency of the land, if an input-output supervision agreement has been signed at the time of land assignment, new indicators can be set after reaching an agreement through consultation, and a supplementary agreement to the input-output agreement shall be signed. The supplementary agreement shall be part of the change agreement to the land use right assignment contract and the change shall be reported to relevant district authorities. If no input-output supervision agreement has been signed at the time of land assignment, an investment agreement can be signed instead of the input-output agreement.

Article 20    The district's administrative departments in charge of development and reform, investment promotion, science and technology, industry and information technology, planning, and natural resources, ecological environment, market regulation, statistics, taxation, and other matters, as well as the administrative agencies of functional parks/zones, shall, within their scope of duty and on the principle of "he who proposes shall supervise", focus on the following points when exercising supervision: industrial access, output indicators, change of use, resale, sublease, equity transaction, and others, in the stage of commencement and completion, reaching the design production capacity, every three to five years after reaching the capacity, and one year before the expiration of the term of land assignment, to ensure that industrial land is truly used for industrial projects.

Article 21    Some industrial projects featuring a large construction area and a long construction period are allowed to apply for staged completion inspection on the principle of "independent functions and safety assurance." District departments in charge of housing and urban-rural development and other matters shall, by relevant regulations, inspect and accept the projects defect-tolerant to have them in operation as soon as possible. Relevant district departments shall strengthen the interim and post-supervision as provided in the "notification and commitment system" of staged completion inspection.

For projects held by industrial enterprises, the enterprise concerned shall perform the comprehensive completion inspection and real estate registration in parallel after the project is completed.

Article 22    Where the industrial buildings, administrative premises, and living facilities on regular industrial land and new industrial land (M0) are divided and transferred, the Sui Fu Ban Gui [2022] No 5 shall be observed. The district agency of real estate registration shall ask for the opinions of the district department in charge of industry and information technology on whether the entities involved in the division and transfer meet the conditions stipulated in these implementation measures. Enterprises that have violated the input-output supervision agreement are on principle not allowed to perform the division or transfer.

Article 23    Where the industrial land is left idle or the contract is violated, the department introducing the project (department of investment promotion, science, and technology, or industry and information technology), district planning and natural resources department, district law enforcement department of comprehensive urban management, and subdistricts shall employ economic, administrative, legal and other measures to deal with the situation as per their respective duties.

(i) Where the project, during the capacity-reaching assessment and process assessment, fails to meet the standards stated in the input-output supervision agreement, the department introducing the project shall, along with relevant functional departments, urge the enterprise concerned to make corrections by the agreement. Where the enterprise fails to meet the correction requirements within the specified time, the department introducing the project shall hold it accountable for a breach of contract.

(ii) The district planning and natural resources department shall, in collaboration with relevant functional departments, deal with the idle land by the law.

Where the land has been left idle for more than one year but less than two years because of the land user itself, the idleness fee shall be levied at 20 percent of the assignment price of the land if the land use right is assigned, at 20 percent of the allocation price if the land use right is allocated, and at 20 percent of the price of the land use right at the time of allocation if there is no allocation price.

Where the land has been left idle for two full years and should be retrieved without compensation by the law, it shall be retrieved and re-arranged for use. Where the entity holding the right to use State-own development land maliciously hoards or speculates on the land in violation of laws and regulations, the contract, and the allocation decision, its new applications for land use shall not be accepted and its transfer, lease, mortgage and registration of change of the land identified as idle shall not be handled before the idle land is fully and properly disposed of. 

(iii) Where the purpose of the land is changed without permission, the district law enforcement department of comprehensive urban management shall order the enterprise concerned to make corrections within a specified time and use the land for industrial purposes. Where the enterprise concerned fails to meet the correction requirements, the market regulator, tax authority, and department introducing the project shall deal with the land user by law. Where the circumstances are serious, the land use right assignor may terminate the land use right assignment contract as per the provisions stated therein and retrieve the right to use the industrial land. 

Where illegal construction is involved, the district law enforcement department of comprehensive urban management shall guide the subdistricts concerned to deal with the situation by the Urban and Rural Planning Law of the People's Republic of China, Guangzhou Municipal Regulations on the Investigation and Handling of Illegal Construction, and other regulations. 

Article 24    If required by work, the district departments in charge of investment promotion, science and technology, industry and information technology, and other matters can assess projects on how effectively they use the industrial land, and work out the implementation measures for projects built on new industrial land (M0), including the entry and exit mechanisms, procedures, and standards. The district departments of administrative approval can formulate the operational guide on the review and approval of projects that apply to improve the utilization efficiency of industrial land.

Chapter Ⅴ Supplementary Provisions

Article 25    Where the municipal administrative normative documents cited in these implementation measures have been revised or re-formulated, the revised or re-formulated versions shall prevail.

Article 26    The implementation measures shall come into force on the date of issuance and remain valid for five years. Enterprises that have carried out relevant demonstrations before the implementation measures come into force shall follow the approving measures of the previous version.

Appendixes: 

1. Table of Industrial Land Planning and Control Indicators in Huangpu district

2. Industrial Land Planning, Control Indicators, Map of Functional Zones in Huangpu district

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