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Haikou Municipal People's Government Decision On The Amendment Of The Measures For The Management Of Land Transactions In Haikou City

Original Language Title: 海口市人民政府关于修改《海口市土地交易管理办法》的决定

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Decision of the Government of the People of the Sea to amend the Land Transactions Management Approach of the Sea City

(Adopted by the 88th Standing Committee of the People's Government of the Sea, 21 December 2011, No. 86 of 24 February 2012 by Decree No. 86 of 24 February 2012 on the date of publication)

The Municipal Government decides to amend the Land Transactions Management Approach to the Sea City as follows:

Article 3, paragraph 1, was amended to include the transfer, transfer, lease and mortgage of land-use transactions referred to in this approach.

Article 9 amends to read as follows:

(i) The right to land use for all types of operating properties, such as commercial, tourist, recreational, industrial and commodity homes to be granted or leased;

(ii) After the publication of the land other than the area of operation, the same landowner's ownership of land use has been granted or leased after the publication of the land-use plan;

(iii) State-owned enterprises, collective enterprises and public-owned enterprises or companies authorized to sell national land-use rights, market access units with national land-use rights, develop or meet the debt with State-owned land-use ownership;

(iv) The Government of the people with the approval authority to authorize the sale of land-use rights, the transfer of land-use-use-rights-to-use access units, the development or transfer of land-use-use-rights-reimbursable debts in cooperation with the transfer of land-use rights;

(v) Removal construction projects involving transfer of land-use rights;

(vi) Transfer of land-use rights for the realization of mortgage rights;

(vii) Other cases provided for in laws, regulations, regulations and regulations.

Article 12 and Article 13 merged with Article 12, with a view to modifying land-use transactions under article 3, paragraph 2, of this approach, which shall be in accordance with the following conditions:

(i) In accordance with the contract agreement, all land-use rights have been paid and a land-use certificate;

(ii) Investment development in accordance with the contract agreement, which is part of the construction of houses, has been completed by more than 25 per cent of the total investment in development; it is part of the development of land in the form of industrial land or other building land conditions.

Article 31 was replaced with article 29, which reads as follows: grants are granted to land-use rights and, when applying for transfers, shall be submitted to the public evidence instrument or to the relevant legal instruments in force. Other types of land-use transactions may be carried out by the parties to commission legal oversight by the public accreditation body.

V. Article 33 should be replaced with article 33, which reads as follows: when the People's Court is seized of land-use rights, the municipal land administration authorities should inform the People's Court in writing, such as the decision to sell the land-use-use obligation and may be governed by the procedures and rules set out in this approach.

Delete article 32.

In the order of other provisions, changes are adjusted accordingly.

This decision is implemented from the date of publication.

The Land Transactions Management Approach of the Sea Correspondents has been released in accordance with this decision.

Annex: Land Transactions Management at Sea (Amendment of 2012) (No. 62 of 3 November 2006 of the People's Government Order No. 62 of 3 November 2006 (Amendment of the Decision of the Government of the Sea of 24 February 2012 on the revision of the Land Transactions Management Approach to the Sea)

Chapter I General

Article 1 strengthens land market management, regulates land transactions, ensures the legitimacy and security of land transactions and further optimizes land resources to develop this approach in line with the relevant laws and regulations such as the People's Republic of China's Urban Property Management Act, the Land Management Regulations of the Sea-South Economic Zone and the provisions of the General Assembly Standing Committee of the People's Representatives to further strengthen land management.

Article 2

Article 3 deals with land-use rights referred to in this approach include the transfer, transfer, lease and mortgage of land-use rights.

The above-mentioned transfer of land-use rights includes the following:

(i) Sale;

(ii) Grants;

(iii) Exchange;

(iv) Changes in land use by the Land Location Unit and the establishment of corporate legal persons with others;

(v) The provision of land-use rights by one party, joint ventures or cooperation by the other and changes in land-use rights;

(vi) The transfer of land-use rights due to the acquisition, merger or separation of enterprises;

(vii) Reimbursement of debt with land-use rights;

(viii) Other cases provided for by law, regulations.

Article 4

Article 5. The Government of the city has established a land transaction market as a specialized place for land-use transactions.

The land trading market should have the following functions:

(i) Provide transaction sites. Provision of sites for land-use transactions, interviews, solicitation, exhibitions, and solicitation, auctions, wallboard transactions;

(ii) Transactions. To establish a service window for institutions such as the local price assessment results, the transaction of aggrieved, tax charges, land registration certificates;

(iii) Provide transaction information. The publication and provision of information on land supply and demand collection, storage, issuance of land transactions, trade results, provision of land policy regulations, land market management rules, and land-use investment direction counselling.

Article 6. The municipal land administration authorities are the authorities responsible for land-use transactions and are responsible for the administration of land-use transactions and oversee the management of land transactions markets in accordance with the law.

The authorities, such as municipal finance, planning, construction, housing, inspection, State asset management, and government investment management, should work together to manage land transactions in line with their respective responsibilities.

Article 7 The primary responsibility is:

(i) Follow-up on land management laws, regulations, regulations and policies to implement specific construction plans and management objectives in land trading markets;

(ii) Substantive and technical work for the specific implementation of land-use transactions;

(iii) To accept the authorization of the authorities and natural, legal and other organizations to specifically implement the right to land use, lease, transfer of tenders, auctions and wallboard transactions;

(iv) To collect, collate, store, report, issue information and trade results for land transactions;

(v) Other matters entrusted by the Government of the city and the municipal land administration authorities.

Chapter II

Article 8

This approach refers to the solicitation transactions referred to by the municipal land administration authorities, through the publication of solicitation notices or invitations to tenders, to invite specific or non-specified bidders to participate in the land-use transaction tenders, and to determine the conduct of the markers in accordance with the outcome of the tender.

The approach refers to the auction transactions referred to by the municipal land administration authorities, through the publication of a notice of the auction, which is openly competitive by competing buyers at the designated time, at the location, to determine the behaviour of the highest price holders.

This approach refers to the fact that the municipal land administration authorities, through the publication of a wallchmark, will publish the transaction conditions for the proposed transaction area in the land transaction market or on-line walls, accept the purchaser's request for quotations and determine the conduct of the competitionee in accordance with the results of the award at the time of the deadline of the wall.

The approach refers to the transaction referred to in the agreement, which refers to the transaction of a transferee, lessee and mortgage-holders by the owner of the land-use holder or the right-to-ground.

Article 9. The following land-use transactions shall enter the land transaction market and shall be undertaken, including through tendering, auctions, wallboard transactions:

(i) The right to land use for all types of operating properties, such as commercial, tourist, recreational, industrial and commodity homes to be granted or leased;

(ii) After the publication of the land other than the area of operation, the same landowner's ownership of land use has been granted or leased after the publication of the land-use plan;

(iii) State-owned enterprises, collective enterprises and public-owned enterprises or companies authorized to sell national land-use rights, market access units with national land-use rights, develop or meet the debt with State-owned land-use ownership;

(iv) The Government of the people with the approval authority to authorize the sale of land-use rights, the transfer of land-use-use-rights-to-use access units, the development or transfer of land-use-use-rights-reimbursable debts in cooperation with the transfer of land-use rights;

(v) Removal construction projects involving transfer of land-use rights;

(vi) Transfer of land-use rights for the realization of mortgage rights;

(vii) Other cases provided for in laws, regulations, regulations and regulations.

Article 10 However, there is a specific social, public good-building condition or a special requirement for local projects, which may be subject to solicitation transactions.

Article 11. Land-use rights or other land rights transactions that are outside the provisions of article 9 of this approach may be carried out by an agreement.

Article 12, paragraph 2, of this approach shall be subject to the following conditions:

(i) In accordance with the contract agreement, all land-use rights have been paid and a land-use certificate;

(ii) Investment development in accordance with the contract agreement, which is part of the construction of houses, has been completed by more than 25 per cent of the total investment in development; it is part of the development of land in the form of industrial land or other building land conditions.

Article 13 states that land-use rights or other land rights shall not enter the land transaction market by:

(i) The lack of legal registration of the right to a certificate or the right to land is unclear and controversial;

(ii) Received land (concluding overtake rates, changing land use but not relocating land by provision);

(iii) The judiciary, the executive branch shall limit land-use rights or other land rights by law;

(iv) Removal of land-use rights by law;

(v) Shared land-use rights or other land rights without written consent from others;

(vi) Other cases where the transaction is prohibited by law, legislation and regulations.

Chapter III Trade rules

Section I General provisions

Article 14.

Article 15. State land use rights are granted or leased by tendering, auctions, wallchmark transactions, and municipal land administration authorities should conduct pre-removal clearance procedures, develop solicitation, auctions, walls trading work programmes, and entrust land trading agencies with conducting transaction activities in accordance with their work programme.

Article 16 transfers of land-use rights by tendering, auctions, wallchmark transactions shall be transferred by the land-use authority to the municipal land administration authorities to apply for the transaction approval process and to entrust land trading agencies with trading activities in accordance with the commissioning of transactions contracts.

Article 17 The land-use holder entrusted land trading agencies with carrying out land-use transactions and should enter into commissioning contracts.

The commissioning of transactions contracts should include commissioning matters, methods of transactions, trading floors, time frames, commissioning transaction services costs and default liability.

Article 18 deals with the use of land-use transactions in a manner such as tendering, auctions, wallchmarks, etc., and land trading institutions shall prepare tenders, auctions, wallboard documents in accordance with the work programme or commission of transactions contracts pursuant to land transactions.

The solicitation, auctions, wallchmarks trading documents should include solicitation, auctions, notices of the transaction, tenders or competing buyers, maps, land use conditions, tenders or competing purchases, quotations, and confirmations.

Article 19 Land trading institutions shall issue land transaction solicitation, auctions, wall sheets, at land transaction sites and at the municipal land administration website, the post of Sea South, and the poster.

The bidder, the competition buyer's bids and competing purchases are considered to be the subject of solicitation, auctions, wallboard trade documents.

Article 20 quantifications and auctions of tendering transactions, initial prices, floor prices, floor prices, and floor prices should be consolidated in accordance with the cost of land, approved baselines, conditions in the area and the length of use, planning design conditions, government industrial policies and land demand.

The subset or starting of the transfer of land-use rights, the starting price and the bottom is determined by the transaction commissioner and the trading body as provided in the preceding paragraph.

Article 21, by means of solicitation and lease of State land use rights, is reviewed by a body designated by the Government of the commune to review the qualifications of tenderers, preside over the opening of tenders, tenders and tenders, and determine the moderate marker.

Article 22, the bidder, the competing buyers, after the submission of the solicitation, auctions, the wallding transaction activity, made objections to other bidders, the qualifications of the competing buyer or the related documentation submissions, should be submitted in writing to the land transaction body by 48 hours prior to the start of tenders, auctions, wallding transaction activities; late submissions, inadmissibility.

Land trading institutions shall written responses to the objections made by tenderers and competing buyers prior to the commencement of tenders, auctions, flag trading activities.

Article 23 of the right to land use tenders, auctions, wallchmarks trading processes may suspend transactions:

(i) The occurrence of force majeure;

(ii) Significant changes in the objective circumstances on which land use is based do affect the public interest of society;

(iii) The judicial, inspectorate, whose case is actually required to suspend transactions;

(iv) The solicitation of tenderers or competing buyers requires time to investigate or clarify;

(v) Other circumstances in which the transaction should be suspended by law.

In the event of a suspension, the land trading body shall notify the parties to the transaction in writing. After the termination of the situation, the land trading agencies should resume transactions in a timely manner and notify the parties to the transaction in writing and the time period for the transaction.

Article 24

(i) No bidder and a competition buyer were present at the deadline of submission;

(ii) The transaction price does not meet the threshold or floor;

(iii) The negotiators or competing buyers have an impact on fair and fair transactions through illegal means such as false, malicious collation or bribery;

(iv) Other circumstances in which the transaction should be terminated by law.

In the case where the transaction does not meet the tenders, auctions, wallch floors, it shall not be delivered, and the municipal land administration or commissioner may reorder the transaction arrangement.

Article 25 conducts land transactions by means of an agreement, and the parties to the transaction shall enter into a transaction contract and apply to the municipal land administration authorities within 30 days of the date of the contract.

Section II Special provisions

Article 26 assigns the transfer of land-use rights and, with the approval of the Government of the People with the approval of the municipal land administration authorities, transfers must be made in the form of solicitation, auctions, wallboard transactions, in accordance with the relevant provisions of article 16 of the present approach, and in accordance with the relevant provisions of article 26 of this approach, which is transferred by agreement.

Article 27 provides for the transfer of State-owned enterprises, collective enterprises and State ownership of public-owned enterprises or companies with a dominant economic component, which shall be submitted to the relevant sector for approval.

Article 28 collaterales require the sale of mortgages on land use and on-site buildings, constructions, consignments and consignments, and, when applying for transfers, the credit judicial instrument or mortgage-holders and the collateral agreement with the collateral and the assessment reports endorsed by both parties.

Article 29 grants to land-use rights and, when applying for transfers, shall be submitted to the public evidence instrument or to the relevant legal instruments in force. Other types of land-use transactions may be carried out by the parties to commission legal oversight by the public accreditation body.

When the People's Court seized the right to land use, the municipal land administration authorities should inform the People's Court in writing, such as the decision to sell the land-use right to liquidate the debt, which may be governed by the procedures and rules set out in this approach.

Chapter IV Oversight inspection

Article 31: Land administration authorities and land trading institutions should simplify procedures based on statutory powers and procedures to achieve equity, justice, strictness and efficiency.

Article 32 states that land trading agencies shall communicate land-use transaction rules, operating procedures, service commitments, staff codes, etc. in land transaction sites.

The applicant requests the authorities or land trading agencies to provide clarifications and explanations of the content, and the authorities should clarify, explain and provide accurate and reliable information.

Article 13. Land trading institutions should strictly grant fees in accordance with the standards approved by the State's relevant provisions and the price administration authorities, and should not allow for the establishment of additional charges and the improvement of the fees.

The fees of land trading institutions should be subject to the supervision of municipal finances, auditing administrative authorities.

Article 34 of the municipal land administration authorities and land trading agencies implement land-use transactions and should be subject to the supervision of the municipal administrative inspection authorities in accordance with the law.

Article XV governs land administration authorities and land trading institutions in the implementation of land-use transactions, which should be monitored by society and citizens.

All units and individuals have the right to sue and prosecute violations in land-use transactions. The municipal administrative inspectorate and the relevant authorities should establish reporting boxes and telephones at land transaction sites to receive popular monitoring and reporting.

Chapter V Legal responsibility

Article XVI is one of the following cases, which is being rectified by the municipal land administration authorities, which are not processed by land registration procedures:

(i) In accordance with this approach, land-use rights that should enter the market transaction of land transactions are not market-based;

(ii) No land-use transaction in accordance with the normative requirements and modalities of this approach;

(iii) A bidder or a competing buyer to make a false and malicious collation;

(iv) Other cases provided for by law, regulations.

Paragraph 1 (i) of the former paragraph may be administratively disposed of and administratively disposed of by the competent and other direct responsible persons directly responsible for the units concerned; constitutes an offence and criminal responsibility by the judiciary.

Article 37, after a bidder, a competing buyer or a competing land-use right, rejects the signing of a confirmation or transaction contract, abandons the mark or a competing place, its tenders, competing buyers' performance bonds are not returned and should be held accountable for the corresponding liability for default, and the municipal land administration authorities may revoke their eligibility to apply for participation in the use of land-use tenders, auctions, wallboard transactions within three years.

Article 33, concerning the acceptance of bribes, disclosures, wallboard transactions by competent authorities and service providers, in the event of land-use tendering, auctions, wallching transactions, insecure, insecure and invoking private fraud, is governed by the law, constitutes criminal liability by law, and liability should also be borne in the event of economic losses to competing buyers or tenderers.

Annex VI

Article 39 Specific implementation rules for land transactions are developed by the municipal land administration authorities.

The specific application of this approach is explained by the municipal land administration authorities.

Article 40