Tender Auction Of State-Owned Construction Land Provisions (As Amended In 2007)

Original Language Title: 招标拍卖挂牌出让国有建设用地使用权规定(2007年修正本)

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(April 3, 2002 land resources department 4th times Department works Conference through September 21, 2007 land resources department 3rd times Department works Conference amendment September 28, 2007 land resources department makes 39th, announced since November 1, 2007 up purposes) first article for specification State-owned construction with to right transfer behavior, optimization land resources configuration, established public, and fair, and just of land using system, according to People's Republic of China real right method, and People's Republic of China land management method, and
    People's Republic of China on urban real estate administration law and the People's Republic of China implementing regulations of the land administration law, these provisions are formulated.
    Article in the People's Republic of China territory, by bidding, auction or listing sold in the land's surface, ground or ground to set up state-owned construction land, these provisions shall apply.
    Tenders in these rules use of State-owned land, is a city and county administrative departments of land and resources (hereinafter transferor) published a tender notice inviting specific or not specific natural persons, legal persons and other organizations to bid on State-owned construction land, State-owned construction land according to the tender results of human behavior.
    Auction in these rules use of State-owned land, is the one that get published auction announcements, time and place specified by the bidder in an open bidding, according to bids results determine the behavior of State-owned land for construction purposes.
    Listed in these rules state-owned construction land, listed is the one that get published notice as stipulated in the notice period will be proposed to sell these trading conditions specified land exchanges in Yangshuo, accept the bidder's quotation application and update the listing price, according to the tone of the deadline when the bid result or on-site bidding results determine the behavior of State-owned land for construction purposes.
    Third tender, auction or listing State-owned construction land shall follow the principle of openness, fairness, impartiality and good faith.
    Article fourth industrial, commercial, tourism, entertainment and housing for business purposes as well as more than two of the same intention of land should be sold through bidding, auction or listing ways.
    Provided for in the preceding paragraph includes storage space for industrial use, but does not include land used for mining.
    Article fifth tender, auction or listing of State-owned construction land transfer activities should be carried out systematically.
    City and county administrative departments of land and resources in accordance with economic and social development planning, industrial policy, land use planning, land-use planning, urban planning and land market, preparation of the annual plan for the State-owned construction land transfer, after approval by the people's Governments at the same level, released to the public in a timely manner.
    Sixth of municipal and County assignment of the land and resources administrative departments shall, in accordance with the annual plan, in conjunction with the urban planning and other relevant departments, has developed the proposed bid, auction block transfer scheme, upon approval by the city or County, city and county administrative departments of land and resources to implement.
    Transfer programmes provided for in the preceding paragraph should include transferring blocks of spatial extent, purpose, duration, manner, time and other conditions of transfer, and so on.
    Article seventh transferor shall, in accordance with the tender, auction sites, preparation of tender, auction documents.
    Tender and auction documents shall include transfer notices, notice to tender or bid, land use conditions, tenders or applications for bids, quotes, bid notices or confirmation, the State-owned construction land use rights transfer contract.
    Eighth the transferor should be at least in the bidding, auction or listing started recently, 20th in the tangible land market or designated places, media release tender, auction or listing notices, tender auction was announced and the time and place of auction listing. Nineth article tender auction tone announcement should including following content: (a) transfer people of name and address; (ii) transfer cases to of area, and boundary, and space range, and status, and using years period, and uses, and planning index requirements; (three) bid people, and bid people of qualification requirements and application made bid, and bid qualification of approach; (four) obtained tender auction tone transfer file of time, and locations and way; (five) tender auction tone time, and locations, and bid tone term, and bid and bidding way,; (six) determine bid people
    And competition standards and methods; (VII) bidding, bidding deposit; (h) other matters need to be announced.
    Tenth of municipal and county administrative departments of land and resources should be based on land valuation results and the Government's industrial policy of determined bid or reserve price.
    Bid or the reserve price shall not be lower than the lowest standards prescribed by the State.
    Determine the bidding, auction and listing price, the starting price, reserve price, bid, bid bond, should be collective decisions.
    Auction listing and bidding floor price, in front of the tender bids and auction activities should be kept confidential before the end.
    11th People's Republic of China domestic and foreign natural persons, legal persons and other organizations, unless otherwise provided by laws and regulations, may apply for the use of State-owned land bidding, auction activity. Transferor in tender auction announcement shall be set to affect fair and just competition restrictions. Listing sold, transfer application deadline specified in the notice, shall as a listing sold 2 days before the end.
    Of applicants eligible for tender auction listing bulletin, the transferor shall notify him to participate in the tender and auction listing activities.
    12th of municipal and county administrative departments of land and resources should be a bidder, bidder inquiries intended to facilitate the situation of land. 13th bids, tenders, in accordance with the following procedures: (a) the bidder prior to the tender closing time tenders into the subject box.
    Tender notice allows mail bids, bidders could be sent, but received by the transferor prior to the bid closing time is valid. After the tender into the TEU, irrevocable.
    Bidder bids and written commitments should be held accountable. (B) the transferor in accordance with the provisions of the tender notice time, place bids, and all bidders shall be invited to attend. By the bidders or their elected representatives check the seals of standard containers, open standard containers in public, count the tenders. Less than three bidders, the assignor shall terminate the tender.
    Not less than three bidders, bidders should be declared name, bid price, and the main content of the bidding documents. (C) bidding team bid.
    Evaluation by the assignor on behalf of the group, relevant experts, for membership of more than five people in the singular.
    Bid group may require the bidder in the tender documents and to make the necessary clarifications or explanations, but clarification or information shall not exceed the bid document scope or change the substantive content of the bidding documents.
    Bid evaluation team should be determined according to the tender document assessment standards and methods, the tender documents are reviewed.
    (D) according to the evaluation results of the tenderer and the winning bidder is determined.
    In accordance with the principle of the highest bidder the winning bidder is determined, you can set up a bidding group, by bidding host according to the bid opening results, determine the winning bidder.
    14th can best meet the evaluation criteria set out in the tender documents, or to meet the substantive requirements of the tender documents and the price the highest bidder shall be determined to be the winning bidder. 15th auction will be conducted in accordance with the following procedures: (a) the host count bidders; (b) introduced the auction area, scope, location and space situation, purpose, age, planning requirements, start and completion time, and other related matters, (iii) the host announced the bid and the price rule and the price range.
    No upset of, should clear tips; (four) host reported out up called price; (five) bid people lift brand should price or quotes; (six) host confirmed the should price or quotes Hou continues to bidding; (seven) host continuous three times announced same should price or quotes and no again should price or quotes of, host fell hammer said auction sold; (eight) host announced highest should price or quotes who for competing have people.
    16th bidder's maximum bid or offer price is not reached, the moderator shall terminate the auction.
    Auction host adjusted according to the bidders in the auction bidding auctions and price ranges.
    17th article tone in accordance with following program for: (a) in tone announcement provides of tone starting day, transfer people will tone cases to of area, and boundary, and space range, and status, and uses, and using years period, and planning index requirements, and starts time and completed time, and starting price, and increased price rules and the increased price range,, in tone announcement provides of land trading places tone announced; (ii) meet conditions of bid people fill in quotes single quotes; (three) tone host confirmed the quotes Hou, update displayed tone price;
    (D) the listed hosts listed in bulletin tone of cutoff time of people. 18th article listed no less than 10th.
    Tone period can be adjusted according to the bidders bid and price ranges. 19th tone of cutoff should be determined by the listed host. Listing expires, the tone of the host site announced the highest offer and quotation and ask bidders willing to bid. Bidders expressed their willingness to continue bidding, listing sold into live bidding through bidding determined people.
    Tone host continuous three times reported out highest tone price, no bid people said willing to continues to bidding of, according to following provides determine whether sold: (a) in tone term within only a bid people quotes, and quotes not below upset, and meet other conditions of, tone sold; (ii) in tone term within has two a or two a above of bid people quotes of, bid highest who for competing have people; quotes same of, first submitted quotes single who for competing have people, but quotes below upset who except; (C) during the term of the tone without price or bidder's bid is below the reserve price, or does not comply with other conditions, the tone or no deal.

    Article 20th through bidding, auction or listing after the winning bidder is determined, competitive people, the winning bidder, bid pay bids, bid bond, to be used for the deposit of the plot.
    The transferor should be sent to the winning bidder the winning bidder notification or acquired a signed confirmation letter.
    Winning notification or confirmation shall include the transferor and the winning bidder or the person's name, transfer, transaction time, place, price and State-owned construction land transfer contract signed by time, place, and so on. Winning notification or confirmation of the transferor and the winning bidder or the person having the force of law.
    One change the bid results, or abandon the bid winning bidder, competitive person, acquired respectively, shall bear the responsibility. 21st winning bidder, bid shall be in accordance with notification or confirmation set time, and one State-owned construction land transfer contract signed.
    Paid by the winning bidder, acquired a person bids, bidding deposit retained as the land price; other bidders, bidders paid bids, bid bond, the transferor must be listed on the auction be returned within 5 working days after the activity is over, without interest.
    22nd tender auction listing after the event, the assignor shall, within 10 working days will be tender, auction results in the tangible land market or designated places, media reported.
    People publish the results of transfer shall not be charged against the assignee.
    Article 23rd according to state-owned construction land transfer contracts pay land transfer price, before they can apply for land registration, receiving State-owned construction land use right certificate.
    Not complying with the contract of transfer all land transfer price paid, State-owned construction land use right certificates shall not be issued, nor proportional to the selling price to pay segmentation issue the State-owned construction land use right certificate.
    24th article should tender auction listing State-owned construction land transfer without agreement to the direct responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    25th winning bidder, competitive people have one of the following acts, bidding, bid results invalid; losses caused, it shall be liable for: (a) providing false documents to conceal the fact, (ii) taking bribery, collusion and other illegal means to bid or bid.
    26th article departments of land and resources administration staff in the auction bidding activities in neglect, abuse, deception, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    27th auction quotation of leasing State-owned construction land, reference to these provisions.
  28th article of the regulations come into force on November 1, 2007.

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