Regulations on Comprehensive Compensation for Infrastructure Investment in Hainan Special Economic Zone

Article 1: In order to encourage investors to invest in and operate infrastructure and accelerate the development and construction of Hainan Special Economic Zone, these Regulations are formulated in accordance with relevant laws, regulations and national industrial policies. Article 2 When domestic and foreign investors invest and operate infrastructure in the Hainan Special Economic Zone, these Regulations shall apply to their comprehensive compensation.

The infrastructure referred to in these regulations refers to the framework of the Hainan Special Economic Zone road network and trunk roads, railways, public ports and terminals, civil airports and large water projects. Article 3 Investors are encouraged to invest in and operate infrastructure construction projects in the form of sole proprietorship, joint venture, or cooperation, and may invest in and operate various service enterprises related to the above-mentioned infrastructure construction projects in accordance with relevant national regulations to implement comprehensive operations. Article 4 The infrastructure investment referred to in these Regulations is calculated based on the total investment in the approved project budget. Article 5: The ocean waters occupied by harbor pools, waterways, water wave prevention, navigation facilities, etc. in port terminal construction projects are exempt from the payment of ocean area usage fees.

On the premise that it does not violate the overall urban construction plan, does not damage natural conditions such as ocean hydrology and ocean dynamics, and does not cause ecological environmental pollution, port and terminal investors are allowed to use their adjacent tidal flats or waters to reclaim land. , the scope of land reclamation should comply with the overall layout plan of the port approved by the administrative department. The reclaimed land is exempt from sea area use fees and land acquisition fees, and its value-added income is used for comprehensive compensation for port construction. Article 6 With the consent of the relevant administrative departments, investors may quarry stone, sand, soil, surface water and other resources for infrastructure construction projects and are exempt from paying resource compensation fees. Investors who use stones, sand, soil and surface water for their own use shall not cause environmental pollution or damage to resources; if they cause losses to the production and life of others, they shall compensate them and take necessary remedial measures. Article 7 The compensation method for highway investors is to implement the compensation method of "one section for completion, one section for acceptance, one section for operation, and one section for compensation". Starting from the second year after completion, acceptance, and putting into operation, the provincial transportation administrative department shall compensate highway investors year by year from highway transportation fees, so that the payback period of their investment shall not exceed twenty years. At the time of compensation, the investment interest will be calculated based on the bank's long-term construction loan interest. After the investment recovery is completed, the provincial people's government will compensate for another five years based on the average annual compensation amount during the compensation period as a return on investment.

From the time when highway investors receive corresponding investment compensation in accordance with the provisions of the preceding paragraph, the land use right transfer period of the corresponding highway land shall be deemed to have expired, and the corresponding above-ground highway and its facilities shall be deemed to have been purchased by the state. Article 8 With the approval of the relevant provincial administrative departments, investors may implement special freight rates, water prices, electricity prices, aircraft takeoff and landing fees, airport construction fees and water supply construction within the scope of this special zone during the operation of their investment and construction projects. Compensation charges to speed up investment recovery. Article 9 The government provides the following compensation conditions for investors to operate independently to achieve investment returns:

(1) According to the actual needs of the comprehensive development project determined by the investor, the government will use the land according to the classification benchmark A certain amount of land will be transferred to investors for 70% of the rights transfer price for development and operation; if there is no comprehensive development project, no land will be provided. Investors can apply to the government for land use for comprehensive development projects within ten years from the date of investment.

(2) Allow investors to take advantage of the geographical advantages of transportation projects and conduct various operations related to investment projects in accordance with the law; operate gas stations, car washes, repair shops, and carry out transportation services and rentals along the highways Underground pipelines along the line; with the approval of the transportation administrative department, operate waterway passenger and cargo transportation business; operate tertiary industries serving passengers and society at railway stations, freight yards, train ferry terminals, port areas, airport terminals and other locations.

(3) Investors are allowed to use the water surface of the water project and the land within the surrounding protected areas to carry out diversified operations in accordance with the law without impeding the safety and efficiency of the water project; other enterprises in For development and operation within the above-mentioned scope, water project investors must be given certain compensation. Drinking water source projects must strictly control water quality pollution, and development and operation on and around the water surface are not allowed.

(4) Give priority to supporting investors in establishing standardized joint-stock enterprises with enterprises operating infrastructure as the core.

(5) Investors are allowed to organize project construction on their own in accordance with the law. Article 10 The quantity and scope of land for infrastructure construction projects shall be determined by the relevant administrative departments when approving the preliminary design of the project. Investors shall apply to the municipal, county, or autonomous county people's governments for land use procedures with the approved preliminary design documents and other relevant approval documents.

For land used for water pipelines and channel construction projects in highways, railways and large-scale water projects, the provincial people's government may regularly promulgate classified standard land use rights transfer prices, and investors shall pay the price to the people of cities, counties and autonomous counties. The government pays the land use rights transfer fee. The people's governments of cities, counties and autonomous counties shall comprehensively adjust land use rights transfer fees according to the following circumstances to ensure the compensation due to farmers, residents and units occupying the land.

(1) When collectively owned land is requisitioned, the people's government of the city, county, or autonomous county shall be responsible for the land requisition work. The land requisition compensation may be lower than the land requisition compensation standard stipulated in the Hainan Special Economic Zone Land Management Regulations. The specific measures shall be determined by the provincial people's government. Government regulations are enforced.

(2) If state-owned land is occupied and the land use rights of the occupied land were originally allocated, the people's government of the city, county or autonomous county may make adjustments in accordance with the prescribed procedures. Demolition and resettlement work shall be coordinated and handled by the people's governments of cities, counties, and autonomous counties in accordance with relevant regulations.

(3) If state-owned land is occupied, and the land use rights of the occupied land were originally transferred with compensation, the people's government of the city, county or autonomous county may take back the land use rights in advance in accordance with the prescribed procedures and transfer the land use rights according to the occupied land. The original land user will be compensated accordingly based on the age of use and the actual development and utilization of the land; if the original land user needs to be relocated, the city, county, or autonomous county people's government will make overall arrangements in accordance with relevant previous regulations.

The land price for construction land required for airports, ports, third-level or above railway stations, and large-scale water projects shall be calculated based on the actual compensation due to farmers, residents and units occupying the land. The construction of large-scale water projects and the resettlement of immigrants at the airport shall be handled in accordance with relevant national and provincial regulations.