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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369055.shtml

Haikou municipal people's Government decision on the amendment of the measures for the management of land transactions in Haikou city

    (December 21, 2011 Haikou municipal people's Government Executive session of the 88th through February 24, 2012 Haikou municipal people's Government announced come into force on the date of promulgation, 86th), Haikou Municipal Government decided to land transactions regulations read as follows:

    A, third paragraph amended as: land transactions included in these measures of land transfer, transfer, lease and mortgage.

Second, the article is revised as follows: following land-use rights trading should go in the land market, bidding, auction and listing ways, such as:

(A) business, travel, entertainment, industrial land and housing and other kinds of profit-making State-owned land use right of the land sold or leased;

(B) management of land other than land for the announcement of the plan, the same land have more than two intentions of State-owned land or lease;

(C) State-owned enterprises, collective enterprises and public economic sectors dominated by enterprises and companies with the approval of sale of State-owned land-use rights, State-owned land-use rights to make shareholder, State-owned land joint venture cooperation development or to satisfy a debt of State-owned land;

(D) have the right of approval of the people's Government approved the sale of land, to transfer land use rights to make shares, allocated land joint venture cooperation developed land or to satisfy the debt;

(E) disposition Park postponed work involves the transfer of land use rights;

(F) transfer of land for realizing the mortgage right;

    (VII) other circumstances provided for in laws, regulations, rules, etc.

Merging, 12th and 13th, to 12th, is revised as follows: the way land transactions provided for in the second paragraph of article, shall comply with the following conditions:

(A) agreed upon in the contract has been paid all land transfer fees, and obtain land use rights certificates;

    (B) investment development agreed upon in the contract, belonging to the Housing Authority construction projects, completed a total investment of more than 25% belonging to vast stretches of land, form or other conditions of construction land for industrial use. Section four, article 30th to 29th and amended as: the gift of land, at the time of application for transfer should be submitted to the notary public notary instruments or the legal instruments in force.

    Other types of land transactions, the parties may entrust the notarial legal supervision.

    Five, 31st to 30th, is revised as follows: when the people's Court to seize land, city land administrative departments shall notify the Court that ruled that selling off land to pay off debts, according to the procedures and rules and regulations set out in this way.

    Six, deletes Article 32nd.

Seven, other provisions of the order, followed by adjustment.

Purposes from the date of publication of this decision.



Management measures of the Haikou city land transactions be modified according to this decision, republished.

    Attachment: Haikou land-management practices (amended 2012) (November 3, 2006 in Haikou municipal people's Government, the 62nd release February 24, 2012, Haikou Haikou municipal people's Government to amend decision amendments to land-management practices)

    Chapter I General provisions

    First to strengthening land market management, standardized land transactions to ensure the legitimacy of transactions and security, optimized allocation of land resources, in accordance with the People's Republic of China on urban real estate administration law, the Hainan special economic zone the land management Ordinance and other relevant laws and regulations and the Haikou city people's Congress Standing Committee on further enhancing land management several provisions of the decision on issues, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city land transactions governed by this approach.

Article III land transactions included in these measures of land transfer, transfer, lease and mortgage.

Transfer of land referred to in the preceding paragraph include the following:

(A) sale;

(B) gifts;

(C) Exchange;

(D) the land, equivalent to a stake, and others to set up enterprises, land use change;

(V) the party land, funding joint ventures or cooperation of the other party, of land tenure;

(Vi) due to business acquisitions, mergers, merger or Division, the land transferable;

(VII) to satisfy a debt of land;

    (VIII) other circumstances as stipulated by laws and regulations.

    Article fourth land trade should follow public, the principle of fairness, justice, honesty, no unit or individual may illegally interfere.

Fifth of municipal people's Government set up the land market as a special place of land transactions.

Land market should have the following features: (A) provide trading floors.

For land transactions, negotiation, investment, fairs and other activities and inviting public bidding, auction and listing venues; (B) the transaction.

For premium assessment results for the record, transfer transactions, tax, land registration and certification bodies such as Central Office set up the service window; (C) provide transaction information.

    Published and made available the land supply and demand information, collect, store, publish, land trading market, the trading results, providing land policies, land management rules, land use, investment consulting.

Sixth of municipal land administration land trading activities by the competent authorities responsible for land-use rights trading administrative licensing work, and shall supervise the land market.

    Construction, real estate, financial, planning, monitoring, State-owned assets management, investment management and other competent authorities of the Government shall, in accordance with their respective responsibilities, in collaboration with good management of land transactions. Article seventh land deal approved by the municipal people's Government institutions are land-transaction services.

Its main functions are:

(A) implementation of land management laws, regulations, rules and policies, implementation of land market construction and management objectives;

(B) implementation of operational and technical work at the land transactions;

(C) the competent departments and natural persons, legal persons and other organizations commissioned specific land use rights transfer, leasing, bidding, auction and listing of transfer transactions;

(D) the collection, compilation, storage, reporting, publishing, supply and demand information of land transactions and the transaction result;

    (E) the contractor commissioned by the municipal people's Government and the Municipal Department of land administration matters.

    Chapter II trade terms and conditions

Eighth land transactions shall take bidding, auction and listing of transactions and agreements.

Tender transactions in these measures, refers to the land administrative departments of the city through the issuance of tenders or request for proposal, specific or not specific bidders shall be invited to bid on land transactions, according to the bidding result determines the behavior for the winning bidder.

Auction in these measures refers to city land administrative departments by issuing the auction notice, time and place specified by the bidder in an open bid, determine the highest price for the actions of people.

Trading in these measures refers to city land administrative departments listed by publishing notices, as stipulated in the notice deadline of the intended transaction to transaction conditions in land trading market or online in Yangshuo, for application by the bidder's offer, according to the tone of the term at the end of the bids to determine human behavior.

    Agreements in these measures, refers to land or negotiate land exchange entitlements of beneficiaries to find the assignee, lessee, mortgagee's transaction.

Nineth following land-use rights trading should go in the land market, bidding, auction and listing ways, such as:

(A) business, travel, entertainment, industrial land and housing and other kinds of profit-making State-owned land use right of the land sold or leased;

(B) management of land other than land for the announcement of the plan, the same land have more than two intentions of State-owned land or lease;

(C) State-owned enterprises, collective enterprises and public economic sectors dominated by enterprises and companies with the approval of sale of State-owned land-use rights, State-owned land-use rights to make shareholder, State-owned land joint venture cooperation development or to satisfy a debt of State-owned land;

(D) have the right of approval of the people's Government approved the sale of land, to transfer land use rights to make shares, allocated land joint venture cooperation developed land or to satisfy the debt;

(E) disposition Park postponed work involves the transfer of land use rights;

(F) transfer of land for realizing the mortgage right;

    (VII) other circumstances provided for in laws, regulations, rules, etc. Tenth Article Nineth land transactions herein, mainly through auction, traded, there are three or more units or registration of natural persons involved in the transaction should be taken to auction.

    But to have a particular social and public utility conditions or have special requirements for land use projects, tender transactions can be taken.

    11th article Nineth herein provisions of land use rights or other interests in land transactions, agreements can be adopted.

12th article of the way land transactions provided for in the second paragraph of article III shall meet the following conditions:

(A) agreed upon in the contract has been paid all land transfer fees, and obtain land use rights certificates;

    (B) investment development agreed upon in the contract, belonging to the Housing Authority construction projects, completed a total investment of more than 25% belonging to vast stretches of land, form or other conditions of construction land for industrial use.

13th under any of the following circumstances, land use rights or other interest in land shall not enter the land transaction market transactions:

(A) not legally registered ownership certificate or ownership is not clear, the land is disputed;

(B) in default of payment of land transfer (hyper-volume rate, change of land use but are not required to pay land fees);

(C) judicial authorities, administrative authorities shall limit land use rights or other interest in land;

(D) land use right according to law be resumed;

(E) total of land-use rights or other interest in land without the written consent of the other joint owners;

    (F) the provisions of laws and regulations prohibit transactions of other cases.

    Chapter III rules
Section I General provisions

    14th land trading rule, not specified in this way, application of the tendering regulations on the auction of State-owned land (land 11th), the specification for tender auction of State-owned land and the assignment code for State-owned land and other relevant provisions of the agreement.

    15th state-owned land use right to bidding, auction and listing ways to sell or lease, city land administrative departments should handle land pre approval procedures, development of bidding, auction and listing the implementation of the programme of work, and delegate to the land transaction in accordance with the implementation of the programme of work of organizations of land transactions activities.

    16th section land use rights through bidding, auction and listing transfer, land use right shall be to the city's land administrative departments to apply transaction approval, and entrusted the land transaction in accordance with the principal contract organization to carry out trading activities.

Article 17th land land institutions entrusted to carry out land transactions, shall sign an agency contract.

    Commission contract shall include the principal matters, transactions, and transaction price, time limits for Commission services, liability for breach of such content.

18th through bidding, auction and listing of land transactions, such as transactions, land transaction agency implementation of the work programme should be based on land transactions and Commission contracts, preparation of bidding, auction and listing files.

    Bidding, auction and listing file should include tendering, tender or bid, auction and listing bulletin notes, maps, land use conditions, tenders or bids, quotes, confirmation of the application.

19th land institutions should be on the land exchange, land administration departments, and Web site, the Hainan daily, the Haikou evening news published on the land deal bidding, auction and listing announcement.

    Bidder, bidder sign up for bidding, bidding, as acceptance of the bidding, auction and listing the contents of the file.

Article 20th tender transaction base price of land parcels and auctioned, traded to the starting price, the starting price, reserve price, based on the costs of land, should be approved land parcel of land, location and age, planning and design conditions, government policies, as well as land supply and demand and other factors identified.

    Land base price or price, the starting price, reserve price by trading clients and trading bodies established in accordance with the provisions of the preceding paragraph.

    Article 21st transfer, lease of State-owned land by tender and bidding of the agency designated by the municipal people's Government, reviews the qualifications of bidders, presided over the bid opening, evaluation and calibration work, determining the winning bidder.

22nd bidder, bidder sign up for bidding, auction and listing after the transaction, the other bidder, the bidder's qualifications or relevant documentation submitted objection, should be tender, auction, trading activity in writing 48 hours before the start of the land trade group made of late, is not admissible.

    Land traders should be tender, auction, trading activity before the start of the bidder, bidders raised objections in writing.

Article 23rd land bidding, auction and listing process, any of the following circumstances, may suspend the trading activities:

(A) force majeure;

(B) major changes in land use on the basis of objective circumstances, does affect public interests;

(C) justice does need to abort the transaction, monitoring organs for handling cases;

(D) the bidder appeal or bidders need time to carry out investigations or clarify;

(E) the law shall be suspended trading in other circumstances. A pause, land trader shall inform the parties in writing.

    After a suspend or eliminate, institutions should resume trading of land transactions and notify the parties in writing, trading deadline be extended.

Article 24th land tenders, auctions, listing any of the following circumstances, you can terminate the transaction activity:

(A) to the deadline no bidder, bidder registration;

(B) the price bid or the reserve price is not reached;

(C) the bidder or the bidder fraud, collusion of prices or affected by bribery and other illegal means of equitable, fair trading;

(Iv) terminate the transaction according to law in other circumstances.

    Transaction does not meet the reserve price bidding, auction and listing of land shall not be sold, Department of land administration or principal trader will again trade arrangements.

    25th trading in land transactions by agreement, both parties shall enter into a contract, contracts and agreements signed within 30th of to the city's land administrative departments to apply transactions approval and registration procedures.

    Section II special provisions

    Article 26th allocated land-use right transfer, the land administrative departments audited by the city and have the right of approval of the people's Government for approval, is must be transferred through bidding, auction and listing transaction, according to the relevant provisions of article 16th; be transferred to agreements, according to the relevant provisions of the present article 26th.

    27th State-owned enterprises and collective enterprises as well as public ingredients dominate the enterprise or company of State-owned land-use rights should be submitted to the approval of the transfer of the relevant departments when the application for the transfer of files.

    28th mortgagee for realizing the mortgage right to require sale of the mortgaged land tenure and above-ground structures, buildings, fixtures, in the application for the transfer of debt or judicial documents shall be submitted in force when mortgagee with the mortgagor to dispose of the collateral agreement reached and agreed assessment report. 29th gift of land, at the time of application for transfer should be submitted to the notary notarized instrument or the legal instruments in force.

    Other types of land transactions, the parties may entrust the notarial legal supervision.

    Article 30th when the seizure of land, city land administrative departments shall notify the Court that ruled that selling off land to pay off debts, according to the procedures and rules and regulations set out in this way.

    Fourth chapter of supervision and inspection

    31st the land administrative departments and institutions in the implementation of land-use rights trading activities in land transactions should be in accordance with the statutory powers and procedures, simplify administrative procedures, to be fair, fair, strict and efficient.

Article 32nd trading institutions should land rules, operating procedures, service commitments, staff codes of land exchange public.

    Applicants request the competent department or agency publicized description, explanation of land transactions, the departments concerned should indicate, explain and provide accurate and reliable information.

Article 33rd trade institutions should be strictly in accordance with the relevant provisions of the State and prices approved by the administrative departments of charges and without additional fees and increased fees.

    Land transactions of charges shall accept the municipal finance and audit administrative departments of supervision and inspection.

    Article 34th city land administrative departments of institutions to implement land transactions and land transactions activities, administrative supervision, shall be subject to the supervision of the competent authorities according to law.

35th city land administrative departments of institutions land transactions and land transactions, should consciously accept the supervision of society and citizens. No unit or individual shall have the right to land transactions report, complaints of violations committed.

    Administrative supervision departments and related departments should set up telephone hotlines to report box and in land exchanges, accept the masses ' supervision and reporting.

    The fifth chapter legal liability

36th under any of the following circumstances, the municipal land administration authorities shall order rectification fails, not for land registration:

(A) in accordance with this approach should be traded the land use right of access does not enter the market;

(B) these measures are not in accordance with the specifications and methods of land transactions;

(C) the bidder or the bidder fraud, malicious collusion;

(D) other circumstances as stipulated by laws and regulations.

    The preceding paragraph (a) can be given administrative punishments according to law the authorities directly responsible for the person in charge and other persons directly responsible shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    37th bidder, bidder the winning bidder or after acquired land use rights, refused to sign a letter of confirmation or transaction contracts, give up the winning bid or bid, bid, bid performance bond shall not be refunded and shall bear corresponding liability for breach of, land administrative departments of the city can cancel again in three years to apply for land bidding, auction and listing qualifications.

    38th on the staff of the authorities and services in land bidding, auction and listing activities, accepting bribes and leaking secret, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law; to bidder or the bidder shall also be liable for causing economic losses.

    The sixth chapter supplementary articles

    39th land transaction specific implementing rules enacted separately by the Municipal Department of land administration.

    40th to specific problems in the application of these measures by the city's land Administrative Department is responsible for the interpretation. 41st these measures shall come into force on December 3, 2006.