Chapter 1: General Provisions
Article 1: Legal Basis
To regulate the short-term leasing of State-owned construction land in Guangming District and promote the rational use of land resources, these implementation rules are formulated in accordance with the Land Administration Law of the People’s Republic of China (2019 Revision), the Administrative Measures for the Short-Term Leasing of State-Owned Construction Land in Shenzhen, the Notice of the Shenzhen Municipal Planning and Natural Resources Bureau on Further Optimizing the Approval Process for Short-Term Leasing of State-Owned Construction Land, and other relevant laws, regulations, and normative documents, and in light of the actual conditions of Guangming District.
Article 2: Scope of Application
These guidelines apply to the short-term leasing of State-owned construction land in Guangming District for urgently needed public service facility projects.
Urgently needed public service facility land includes:
(1) Land for public service facilities implemented by private investors, such as:
Land for transportation facilities (e.g., electric vehicle charging stations), land for utility facilities (e.g., concrete batching plants, sanitation vehicle parking lots, bottled gas stations, construction waste recycling facilities, recycling sorting centers, and garbage transfer stations), and other public service facilities approved by the municipal government.
(2) Land for public service facilities implemented by the government, such as:
Land for public administration and service facilities, land for utility and transportation facilities, and green space and plazas.
For densely populated public service facilities such as schools and hospitals, land should preferably be supplied through allocation or transfer of State-owned construction land use rights and developed in accordance with applicable design and construction standards. Where short-term leasing is necessary as a transitional measure, relevant departments—including education, health, housing construction, firefighting and rescue, urban management, and subdistrict offices—must supervise safety compliance, including structural integrity and fire safety.
Article 3: Division of Responsibilities
Industry authorities: Responsible for feasibility studies and screening of implementing entities for privately invested projects; feasibility report review for government projects; review of design schemes for all short-term lease projects; industry supervision and safety oversight after supply of land; issuing opinions on the necessity of continuing land use for previously approved temporary projects.
District planning and natural resources department: Responsible for site selection, land use approval, construction approval, planning acceptance, lease compliance supervision, ledger management, etc.
District urban management and law enforcement department: Guides subdistrict enforcement units in handling illegal land use and planning violations on short-term lease land and issues handling opinions.
District housing and construction department: Handles fire safety procedures for temporary buildings; coordinates safety supervision of construction projects; provides technical guidance, inspection, and regulation of construction quality and safety; oversees acceptance; and issues structural safety and fire safety opinions for built structures converting from temporary to short-term lease use.
District fire brigade: Oversees fire safety during the use of short-term lease projects.
Subdistrict offices: Conduct risk disclosure, ledger management, and daily inspections; handle violations; punish those who fail to return land upon lease expiration according to law.
Other relevant departments: Assist with approval, supervision, and management as required.
Chapter 2: Leasing Rules
Article 4: Lease Term
Short-term leases are determined by agreement and may not exceed five years. A one-time renewal may be approved by the district government, with a maximum renewal period of three years.
Article 5: Land Requirements
Land eligible for short-term leasing must meet the following:
(1) Not included in urban land conservation or development planning;
(2) In compliance with basic ecological control requirements;
(3) Must not conflict with national spatial planning or land supply plans;
(4) Must be clarified as State-owned reserved land free of economic disputes.
Article 6: Construction Requirements
Public service facilities and necessary supporting structures must meet temporary construction standards. The usage period of the facility must not exceed the lease term.
Article 7: Property Rights Restrictions
Land and above-ground structures on short-term leased land cannot be registered for real estate rights. The tenant must not: change the land use; alter facility type/function without approval; transfer, sublease, or mortgage the land or structures.
Article 8: Rent Calculation
Rent shall be calculated per city land price rules. If a government agency or a subdistrict office is the user, no rent will be charged.
Chapter 3: Approval Procedures
Article 9: Feasibility Study, Site Selection & Implementing Entity Confirmation (or Project Approval)
The district’s competent industry department shall, according to the type of project, organize and conduct a feasibility study, prepare a feasibility study report, and solicit opinions from relevant units. Once consensus is reached with the district planning and natural resources department on the project site, the matter shall be submitted to the joint meeting of district leaders in charge of the relevant industry and of planning and natural resources for review. The review shall cover the project’s feasibility, necessity, construction content, construction scale, implementing entity, and site plan. For projects organized and implemented by the government, the implementing entity may be a functional department of the district government or a subdistrict office; however, their feasibility study report must be reviewed and approved by the district’s competent industry department.
For projects approved by the joint meeting, the district’s competent industry department shall submit the feasibility study report, site plan, and implementing entity to the district government’s executive meeting for deliberation.
Once approved by the district government’s executive meeting:
For privately invested projects, the district’s competent industry department shall submit the matter to the municipal government for approval in accordance with procedures. After municipal approval, the department shall inform the district planning and natural resources department in writing of the implementing entity, planned construction content, and scale. The implementing entity shall then apply to the district development and reform department, in accordance with procedures, for project filing or approval for privately invested projects.
For government-organized projects, project initiation and other related procedures shall be carried out in accordance with regulations, and an approval for project initiation shall be obtained from the district development and reform department.
Article 10: Land Use Planning Feasibility Study
The project’s implementing entity shall, based on the project initiation approval (or filing/approval) document, the document confirming the implementing entity, the short-term leased land application report (indicating the proposed land area, construction content, floor area, term of use, etc.), the map of the proposed land area (with coordinates), the feasibility study report, and other relevant materials, apply to the district planning and natural resources department for a planning study and assessment of the short-term leased land. The district planning and natural resources department shall, taking into account the opinions of relevant functional departments, notify the implementing entity in writing of the approved project land boundaries and matters to be addressed.
If verification shows that municipal pipelines (or facilities) need to be relocated, the subdistrict office shall take the lead, within its authority, in coordinating and organizing the relocation or removal. The competent industry departments shall coordinate with the power, telecommunications, gas, water, and other construction/operation units to facilitate the relocation or removal. For projects located within areas designated for land consolidation, municipal pipelines and facilities shall be handled in accordance with the relevant municipal and district regulations on the disposal of such facilities in land consolidation projects.
Article 11: Forest Land & Farmland Conversion Approvals
If the selected site involves the occupation of forest land, the project implementing entity shall apply for forest land use approval in accordance with the required procedures. If the site involves agricultural land or unused land, procedures for converting land use shall be handled as prescribed.
In cases involving cultivated land where topsoil stripping is not required under relevant regulations, the project implementing entity shall submit the necessary investigation and evaluation materials to the district planning and natural resources department. The department, together with the ecology and environment, agriculture, and urban management enforcement departments, shall review and provide opinions, which shall be submitted to the district government. A formal reply from the district government approving the exemption from topsoil stripping must then be obtained.
For other cases involving cultivated land, the project implementing entity shall submit a topsoil stripping and reuse plan for the construction project to the district planning and natural resources department. If, after joint review by the planning and natural resources, ecology and environment, agriculture, and urban management enforcement departments, the land is deemed suitable for topsoil stripping, the stripping shall be carried out before the land is used.
Article 12: Application for Short-Term Leasing
After meeting disaster prevention, soil contamination, and environmental protection requirements, the implementing entity shall apply to the district planning department, submitting:
(1) For government-invested projects, the project initiation approval document; for privately invested projects, the project filing/approval document. If a government-invested project is required under relevant regulations to prepare a feasibility study report, the approval document for that report shall also be provided;
(2) For privately invested projects, the document confirming the implementing entity;
(3) The project land boundary map, with coordinates, as determined by the planning study and assessment;
(4) For projects located in areas prone to geological hazards or within the threat range of such hazards, a geological hazard risk assessment report;
(5) Evidence of having completed soil environmental investigation, assessment, and remediation in accordance with relevant regulations, or an opinion issued by the ecological and environmental authorities;
(6) If the project involves existing or under-construction oil and gas pipelines or other hazardous chemical facilities, a safety assessment report and written consent from the relevant authorities and operating units shall be provided. If the project involves planned oil and gas pipelines or hazardous chemical facilities, written opinions from the relevant authorities, based on the construction plan, shall be submitted;
(7) If the project involves the occupation of areas within the Basic Ecological Control Line, relevant procedures shall be carried out in accordance with applicable regulations;
(8) Any other materials required by relevant functional departments.
Article 13: Approval of Land Supply Plan
For applications with complete and compliant documentation, the district planning department shall be responsible for drafting a land supply plan for short-term lease (hereinafter referred to as the “Land Supply Plan”) and submitting it for approval according to procedures. Upon approval, a land use approval document shall be issued. Except for cases requiring municipal government approval by law, the Land Supply Plan shall be submitted to the district planning and natural resources management meeting for approval. The Land Supply Plan shall include the following:
(1) The land-use (implementing) entity as determined by the municipal or district government;
(2) Boundaries and spatial scope of the land parcel;
(3) Type of facilities to be constructed;
(4) Land use requirements such as lease term, rights restrictions, and planning/design conditions;
(5) Rental amount and payment method;
(6) Requirements regarding geological disaster prevention, soil pollution prevention, and ecological/environmental protection;
(7) Other matters requiring clarification.
Article 14: Signing of Short-Term Lease Contract
After the approval for conversion from agricultural land and land use approval are issued, the planning and natural resources department shall issue a notice of arable land occupation tax payment to the project implementation entity in accordance with regulations. The project entity shall declare and fully pay the tax to the district taxation department within 30 days from the date of issuance of the tax payment notice.
The project entity shall present the tax payment receipt to the planning department to sign the Shenzhen State-Owned Construction Land Lease Contract (Short-Term Lease) (hereinafter referred to as the "Short-Term Lease Contract").
For privately funded projects, upon signing the Short-Term Lease Contract, the district planning and natural resources department shall issue a rental payment notice to the project entity, who must pay the full rent to the district taxation department within 15 working days from the issuance of the notice.
Article 15: Construction Implementation
After signing the Short-Term Lease Contract, if construction is required, the lessee shall, after preparing the project design plan and obtaining review from the competent district industry authority, apply to the district planning and natural resources department for and obtain a Temporary Construction Planning Permit according to law, and proceed with construction in accordance with the permit.
Construction on short-term lease land shall be supervised by a subdistrict office and district housing and construction department within their respective authorities. Where fire safety design review is legally required, the lessee shall apply to the housing and construction department for such review in accordance with regulations.
Article 16: Supporting Works
For land under short-term lease, proper arrangements must be made regarding adjacent connections for water supply, drainage, sewage discharge, and access. For connections to municipal pipelines involving water supply and drainage, electricity, opening temporary entrances, or road excavation during project design and construction, the applicant shall obtain approvals from the competent departments for water, electricity, transport, traffic police, and the district planning and natural resources department as required.
Article 17: Project Acceptance
After project completion, the lessee shall organize entities such as survey, design, construction, and supervision firms to conduct self-inspection and acceptance in accordance with relevant laws, technical standards, and basic construction procedures to ensure that the project was built according to design. The lessee shall then apply to the district housing and construction department and district planning and natural resources department for final acceptance.
Chapter 4: Conversion of Temporary Land Use to Short-Term Lease
Article 18: Application Conditions
For urgently needed public service facility projects that already hold temporary land use approvals and wish to apply for conversion to short-term lease land use, in addition to meeting the conditions specified in Articles 2 and 5 of these Implementation Rules, the project must obtain a statement from the competent district industry authority confirming the necessity of continued land use. The project must also comply with other requirements specified in laws, regulations, rules, and normative documents.
If the land involves illegal use or planning violations, and if the district urban management and comprehensive law enforcement department or a subdistrict office has issued an order to dismantle buildings or return the land, the short-term lease application shall not be accepted.
Article 19: Planning Land Use Review
If the temporary land use period has not expired, the project entity must obtain the consent of the competent district industry authority and submit a planning land use review application to the district planning and natural resources department three months before expiration.
After receiving the application, the department shall review the planning, ownership, and land classification of the project land. If it is found not to meet the requirements for short-term lease, the land shall be recovered according to regulations after the temporary period expires. If it does meet the requirements, the department shall notify the project entity of the next steps to be taken.
Article 20: Preliminary Work for Conversion from Temporary to Short-Term Lease
Once the project entity receives written opinions from the district planning and natural resources department, it shall carry out the feasibility study, site selection plan, and implementation entity selection (or project approval) in accordance with Article 9. Within 30 days of completing entity selection or project approval, the project implementing entity must complete the following:
(1) Obtain a statement from the competent industry authority confirming the necessity of continued land use via short-term lease. If an increase in land area or construction scale is required, a feasibility and necessity study for the increase must also be obtained.
(2) Obtain a project approval document or a written opinion from the development and reform department. Exemptions apply if the original temporary land use project already has such approval and no additional construction is involved.
(3) Complete surveying of the temporary land and temporary buildings; complete safety assessments on structural integrity and fire safety; and submit to the planning and natural resources department to solicit opinions from the housing construction and fire rescue departments. These departments shall issue clear opinions according to law. If the temporary buildings are densely occupied, the relevant fire safety procedures must be completed.
(4) Where the temporary land use has expired, or where construction has not been carried out in accordance with the provisions of the temporary land use contract or the temporary construction project planning permit, a written opinion must be obtained from the district urban management and comprehensive law enforcement department regarding whether the land parcel involves any illegal land use or planning violations, as well as the results of the investigation and handling.
(5) If the land involves unresolved issues such as land acquisition procedures, occupation of basic ecological control lines, use of forest or arable land, etc., the corresponding procedures must be completed as required.
(6) Other documents required by relevant laws, regulations, rules, and normative documents.
Article 21: Application for Converting Temporary Land Use to Short-Term Lease Use
Once the project implementation entity completes the above preliminary work, it may submit an application to the planning and natural resources department for converting the temporary land use to short-term lease use. The application should include the materials listed above, other documents as stipulated in Article 12, and a written commitment to assume responsibility for production safety.
If the scope of land use or the scale of construction is adjusted, the district planning and natural resources department shall, based on the review, seek opinions from departments overseeing ecological protection, water affairs, safety, cultural relic protection, and the development and reform department, and define planning and design conditions in the land supply plan. This does not apply if neither the land area nor construction scale changes, and if prior opinions have already been obtained.
Article 22: Land Approval and Issuance of Temporary Construction Permits
If the application materials are complete and meet the requirements, the district planning and natural resources department shall prepare a conversion plan from agricultural to construction land and a land supply plan according to Articles 11 and 13, and submit both for approval.
If the temporary land use has expired, procedures must be promptly completed to enter the land into the database based on its current state. If temporary structures are to be retained, a list of such buildings must be submitted along with the land supply plan for approval. After the district government approves, the project implementation entity shall handle the necessary procedures.
If the project involves new construction or renovation of buildings/structures, the implementation entity must, after signing the short-term lease contract, comply with Articles 15–17 regarding planning permits, fire safety review, fire acceptance/record-filing, and planning acceptance, in accordance with safety management requirements.
Article 23: Start Date and Rent Calculation for Short-Term Lease
The rent for short-term leases shall be calculated in accordance with the municipal land pricing rules. The start date for land use and rent calculation begins on the day following the expiration of the temporary land use period.
Article 24: Withdrawal of Temporary Land Reclamation Deposit
For urgently needed public service projects that occupy agricultural or unused land under temporary land use procedures and have prepaid land reclamation fees, such projects are exempt from land reclamation obligations upon completing the agricultural-to-construction land conversion process for short-term lease. The district planning and natural resources department shall issue a withdrawal notice for the land reclamation fee. The project unit may withdraw the fee from the bank, and the bank shall simultaneously lift supervision of the dedicated account.
Article 25: Reversion of Temporary Land Use
If the project unit does not apply for short-term lease or the application is denied, it shall, in accordance with temporary land use regulations, clear the site, restore or reclaim the land, and complete handover procedures. The competent industry department shall oversee completion of these tasks. If the project unit fails or refuses to comply, the planning and natural resources department shall transfer the case to the urban management and comprehensive law enforcement department or the subdistrict office for investigation and handling in accordance with the law.
Chapter 5: Supervision and Management
Article 26: Lessee Responsibilities
Lessees shall strictly comply with these rules and all relevant laws, regulations, and contractual terms of the short-term lease. They must make reasonable use of the land and expedite project construction and implementation.
Article 27: Responsibilities of Functional Departments
The district planning and natural resources department shall supervise the lessee’s compliance with the short-term lease contract. If violations occur, the lessee shall be ordered and supervised to make corrections within a set deadline. If the lessee fails to comply, the case shall be transferred to the urban management and law enforcement department or the subdistrict office for handling.
Industry authorities shall oversee project construction and usage of facilities to ensure compliance with industry standards. Violations shall be corrected under supervision, and the lessee shall be urged to complete land clearance, restoration and return within the deadline.
The district housing and construction, fire rescue, and emergency management departments shall provide technical guidance, inspection, and supervision of building safety, fire protection, and production safety.
Each subdistrict office shall fulfill its territorial management responsibilities, carry out routine inspections and law enforcement oversight of approved short-term leased land in accordance with its duties, implement safety production management for short-term lease projects, establish a regular inspection and supervision mechanism, organize inspections on a regular basis, and provide a written report on the inspection and supervision results to the district’s competent industry authority, the district planning and natural resources department, and other relevant entities on a quarterly basis.
Other relevant district functional departments shall, in accordance with their respective duties, carry out supervision and administration of short-term leased land.
Article 28: Early Land Repossession
The land may be repossessed before the lease term ends if any of the following occur:
(1) Required for urban planning;
(2) Required for public interest;
(3) Violation of the short-term lease contract, with failure to correct after being ordered to do so;
(4) Other circumstances as stipulated by law.
For situations (1), (2), or (4), the district planning and natural resources department shall give two months’ advance notice. The lessee must clear the site and return the land as scheduled. Remaining rent will be refunded pro rata, without interest. Above-ground buildings may be reasonably compensated based on depreciation using the building replacement cost and factoring in their years of use vs. lease duration, with compensation not exceeding 50% of the rent paid. Above-ground structures are not eligible for compensation.
In situation (3), the contract shall be terminated, land repossessed, and structures dismantled by the lessee at their own cost. No compensation or rent refund will be provided.
Article 29: Voluntary Termination
If the lessee voluntarily exits the land before lease expiry, they must clear the site and return the land per contract terms. The remaining rent will be refunded pro rata, without interest. No compensation shall be provided for any above-ground buildings or structures.
Article 30: Renewal Application
If the lessee wishes to continue using the land after lease expiry, they must obtain approval from the industry authority and submit a renewal application to the district planning and natural resources department at least two months before lease expiry.
Upon consent, the industry authority shall seek opinions from the housing and construction department, planning and natural resources department, fire department, and subdistrict offices, and evaluate building structure, fire safety, and feasibility. If deemed necessary and feasible, the renewal application shall be submitted to the district government.
Upon approval, the planning and natural resources department shall prepare a renewed land supply plan for review and approval by the District Planning and Natural Resources Management Business Meeting. Projects funded by the municipal government shall follow municipal procedures.
Only one renewal is allowed for applications approved by the meeting. A new short-term lease contract will be signed, and the renewed lease term shall not exceed three years, starting from the expiration of the previous lease.
If the industry authority does not approve the renewal, the lease will not be renewed.
If the lessee fails to apply for renewal or the application is denied, they must clear and return the land before lease expiry. The district planning and natural resources department shall handle the handover procedures and place the land into the government land reserve.
Article 31: Overdue Clearance Handling
If the lessee fails to clear the land or refuses to return it, the planning and natural resources department shall transfer the case to the urban management and comprehensive law enforcement department or the subdistrict office. These agencies shall act in accordance with the Land Administration Law of the PRC, its implementing regulations, and the Shenzhen SEZ Land Supervision Regulations, dismantle structures, and notify the planning and natural resources department, which will place the land into the government land reserve.
Article 32: Soil Pollution Prevention & Control Responsibilities
Before returning the land, the lessee must fulfill responsibilities for soil pollution prevention and control as required by law.
Chapter 6: Supplementary Provisions
Article 33: Effective Date
These rules shall come into effect on May 31, 2025, and remain valid for five years. The Guangming Administration of Shenzhen Municipal Planning and Natural Resources Bureau is responsible for interpretation.
Article 34: Definitions
* "Urgently needed public service facilities implemented by private investors" refers to public service facility projects funded and built by private (non-governmental) entities.
* "Urgently needed public service facilities implemented by the government" refers to such projects initiated by municipal or district government departments or subdistrict offices.
Article 35: Other Provisions
If new provisions are issued by the State, provincial, or municipal authorities regarding the above clauses, such provisions shall prevail.