Jilin City Bidding, Auction, Measures Concerning The Use Of State-Owned Land

Original Language Title: 吉林市招标拍卖挂牌出让国有建设用地使用权办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100353019.shtml

Jilin city bidding, auction, measures concerning the use of State-owned land

    (June 28, 2011 people's Government of Jilin city, the 14th at the 56th Executive meeting on July 1, 2011, people's Government of Jilin announced order No. 219, come into force on August 10, 2011) the first to standardize the bidding, auction or listing sold State-owned construction land, optimized allocation of land resources, land use system in an open, fair and impartial, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Within the scope of the second city, through bidding, auction or listing sold in the land surface, ground or ground to set up state-owned construction land, these measures shall apply.

    Third municipal leadership to the city-wide tender, auction or listing State-owned construction land.

Municipal land and resources administration (hereinafter transferor), within the city limits, is responsible for the bidding, auction or listing sold State-owned construction land activities organization.

    Municipal development and reform, finance, urban planning, housing and real estate, urban and rural construction, supervision and other departments, shall, in accordance with their respective responsibilities, to tender according to law, auction or listing sold State-owned construction land-related work.

    Fourth bidding, auction or listing sold State-owned construction land shall follow the openness, fairness, impartiality and good faith principles.

    Article fifth industrial, commercial, tourism, entertainment and housing for business purposes and 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.

    Sixth the transferor shall, jointly with relevant departments, pursuant to 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, reported to the municipal people's Government for approval, to the public in a timely manner.

    Article seventh transferor shall, according to the State-owned construction land transfer annual plan, jointly developed, jointly with relevant departments to be tender, auction or listing sold plots of land transfer programme, submitted to the municipal people's Government for approval organization.

    State-owned construction land transfer programme includes: intends to transfer four to plot the exact location, scope, use, size, duration of use, planning, land-use conditions, supply and so on. Planning conditions including captions and control plan map. Real estate development in the conditions of land use planning of land use, volume rates, commercial and residential floor space and proportion, type area, low-rent housing construction targets. Conditions of real estate development and land-use planning, unified by the assignor under the land reserve and purchase institutions, issued by the town and country planning department, delegate. Intends to sell real estate development land area not exceeding 20 hectares residential development land less than 1 hectare, after must be approved by the municipal people's Government, commissioned the planning conditions.

    Industrial land planning for land use should be conditions, volume ratio and building coverage ratio, ratio of green space and administrative offices.

Article eighth State-owned construction land bidding, auction or listing before the transfer, the transferor shall entrust a qualified intermediary with appropriate land assessment organizations to sell plots of land price evaluation. People under the land valuation and industry policy composite base price or reserve price.

Determine the bidding, auction or listing sold call price, the starting price, reserve price, should be collective decisions.

    Bidding, auction or listing sold price, tender, auction or listing sold before the opening activities should be kept confidential before the end.

    Nineth transferor shall, in accordance with the proposed transfer of land, preparation of tender, auction or listing transfer documents.

    Tender, auction or listing transfer document should include a transfer notice, bids or bid notice, bid or bidding applications, boundaries of bid quotations, site maps, land planning condition new housing project construction and low-rent housing application form, notification or confirmation, the State-owned construction land transfer contracts and other relevant documents. Tenth the transferor should be tender, auction or listing sold activities before the 20th, in the tangible land market or designated places, the media published the tender, auction or listing sold notice, tender, auction or listing was announced ceded land base and tender, auction or listing sold time and place.

    Transferor assignment notice make changes to the contents of the tender, auction or listing, should channel according to the original announcement to issue supplementary notice supplementary notice is published, tender, auction or listing transfer time should be extended.

    11th through the construction of projects for industrial use with the pre, test report and land compensation in place, the assignment can be based on planning conditions issue a tender, auction or listing sold pre announcement.

    12th bidding, auction or listing of State-owned construction land transfer (advance) notice shall include the following information:

    (A) the transferor's name, address, telephone number;

    (B) the transfer of space and location of parcel, four to scope and site condition, size, purpose, duration of use, planning conditions;

    (C) the bidder, bidder qualifications and applied for tendering and bidding qualification approach;

    (D) the assignment of the bidder, the bidder to obtain file time, place, manner;

    (E) assignment of the bidding, auction or listing of time, place, duration, and so on;

    (F) storage bid, bid amount and manner of surety;

    (G) the criteria for determining the winning bidder, competitive people and methods;

    (H) other matters need to be announced.

13th a natural person, legal person or any other organization, except otherwise prescribed by laws and regulations, may apply for the use of State-owned land bidding, auction or listing sold activities. Transferor in tender, auction or listing in the transfer notice shall not affect the limits of fair and equitable competition conditions set. Listing sold, transfer application deadline specified in the notice, shall as a listing sold before the end of 2nd.

    Meet the tender, auction or listing conditions specified in a notice of transfer applicants, the transferor shall notify him to participate in the bidding, auction or listing transfer activity. 14th a bidder or the bidder shall comply with the requirements of the time bidding, bidding deposit deposit the full amount of the transferor to the specified bank account. Bid, bid bond shall not be less than the selling price of 20%.

    The winning bidder, who paid bids, bidding deposit can be retained as State-owned construction land transfer price.

    Unsuccessful or unfinished state-owned construction land use right of the bidder, bidders paid bids, bid bond, should be made by the transferor in the bidding, auction or listing sold be returned within 5 working days after the activity is over, without interest.

    15th a bidder, bidder shall bid, bids submitted before the application deadline, bidding, bid on the application, and submit the following documents:

    (A) application for bidding, bid, quote;

    (B) a valid identity document;

    (C) the authorization documents;

    (D) tenders, bidding deposit pay vouchers;

    (V) belongs to the real estate development business bidder, the bidder shall provide proof of qualification of real estate development enterprises;

    (Vi) other required files. 16th the transferor should be tender, bid on the eligibility of the applicant.

    To meet the required conditions, by the transferor after qualifying, issuing tenders, bid confirmation of qualification.

    17th the transferor shall provide bidders, bidders provide proposed transferring blocks of relevant information, and to facilitate their information about query plans to sell plots. 18th bidder, bidder for bidding, auction or listing status of transferring files and block objectionable, should be submitted before the bid, bid.

    Where a bidder's bid documents into standard containers or the bidders to participate in bidding price, are considered to be no objections.

    19th bid transfer bid, bids 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, it cannot be withdrawn.

    Bidder bids and written commitments should be held responsible; (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) Evaluation Committee evaluation. Evaluation by the assignor on behalf of the Committee, relevant experts, for membership of more than five people in the singular. Bid Assessment Committee may request that 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.

    Evaluation Committee shall, in accordance with the tender documents to determine bid evaluation criteria and methodology, review the bidding documents; (D) the transferee according to the evaluation results, determine the winning bidder. To be able to 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.

    In accordance with the principle of the highest bidder the winning bidder is determined, can not set up the bid evaluation Committee, bid the host according to the bid opening results, determine the winning bidder.

    20th auction in accordance with the following procedures:

    (A) host of the auction bidder count;

    (B) the comperes of auction the auction area, location and spatial extent of land parcels, status, purpose, duration of use, planning requirements, the start and completion time, and other related matters; (C) the host announced the auction price and rules and increased prices and price increases.

    No reserve price, should be clearly prompted;

    (D) the host quoted price of the auction;

    (E) the bidders bid or quote;
(F) auction chairpersons confirmed the price or offer to continue bidding;

    (G) the auction facilitator, announced three times in a row the same price or quote had not bid or quote, host of the auction gavel auction;

    (VIII) the moderator announced that the highest price of the auction or offer for people. 21st bidder's maximum bid or offer price is not reached, the auction facilitator shall terminate the auction.

    Auction host can be adjusted according to bidders bidding at the auction price range.

    22nd listing sold in accordance with the following procedures:

    (A) listed in Bulletin of the listed start date, transferor will be listed in the area, four to the range, scope, status, purpose, duration, index conditions, start and completion time, starting price, the bidding rules and increase prices, listed on the listing notice provisions of the land exchange bulletin;

    (B) the eligible bidders to fill out quote quotes;

    (C) the tone of the host to confirm the offer, update the display tone;

    (D) the listed hosts listed in bulletin tone of cutoff time of people. 23rd tone of time shall not be less than 10 working days.

    Listing period can be adjusted according to the bidders bid and price range. 24th article listing expires, by the tone of the host site announced the highest offer and quotation, and asks if a bidder is willing to continue bidding. Bidders expressed their willingness to continue bidding, increase a fare increase into the scene after bidding by bidding on site determined people.

    Listed host called out three times in a row the highest tone, no bidder expressed their willingness to continue bidding, determines whether the transaction in accordance with the following provisions:

    (A) during the term of listing only one bidder offers, and offers no less than the reserve price, and meet other requirements, listed transaction;

    (B) during the term of the tone of two or more bidders offer, highest bidder to bid people offer the same, submit quotes for people, but except with the bid below the reserve price;

    (C) during the term of the tone-free price, bidder's bid is below the reserve price, or does not comply with other conditions, the tone or no deal.

    25th through bidding, auction or listing sold after the winning bidder is determined, competitive person, the assignor shall be sent to the winning bidder the winning bidder notification or acquired a signed confirmation letter.

    Winning notification or confirmation of the transferor, the winning bidder or the person having legal effects.

    Industrial land to implement pre-announcement, State-owned construction land purchase confirmation date is subject to land requisition and approval authority approval date.

    26th-winning notification or confirmation shall include the following information:

    (A) the transferor and the name of the winning bidder and the bid (name), address;

    (B) assignment number parcel of land plots and areas;

    (C) the bid or the time and place of the transaction;

    (D) the amount of the contract price;

    (E) State-owned construction land transfer contract signed by time and place;

    (F) breach of contract and dispute resolution;

    (VII) other promise. 27th a winning bidder, bid shall be in accordance with notification or confirmation set time, and one State-owned construction land transfer contract signed.

    Is not signed within the time stated in the State-owned construction land transfer contract, considered giving up the winning bidder, bid qualifications and liability, bidding, bidding deposit transfer to deposit shall not be refunded.

    28th bidding, auction or listing sold after the event, the assignor shall, within 10 working days will be tender, auction or listing sold results in the tangible land market, media reported.

    People publish the results of transfer shall not be charged against the assignee.

    29th the assignee in accordance with State-owned construction land transfer contracts pay land transfer price, can they apply for land registration, receiving State-owned construction land use right certificate.

    Not agreed in the contract for assignment of pay land transfer price, sold State-owned construction land use right certificates shall not be issued, and shall not, in accordance with the transfer price paid proportional Division issued the State-owned construction land use right certificate. 30th a winning bidder, competitive people hide the truth and providing false documents, or by bribery, collusion and other illegal means to bid or bid, bid, bid results invalid; losses caused, the successful tenderer shall bear the liability of the person, bid.

    Constitute a crime, criminal responsibility shall be investigated according to law.

    31st land and resources administration staff in the bidding, auction or listing sold dereliction of duty, abuse of authority or engages in activities, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 32nd through bidding, auction or quotation of leasing State-owned construction land, reference to these measures. 

    33rd building properties change, you need to go through examination and approval procedures, these procedures do not apply.

34th article of the approach is the meaning of the following terms:

Tender use of State-owned land, is the one that get 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 of State-owned construction land, is the one that get published auction announcements, time and place specified by the bidder in an open auction, State-owned construction land according to the highest price of human behavior.

    Open selling of State-owned construction land, is the one that get published listing bulletin, in accordance with the notice provisions of the term intends to transfer the terms and conditions listed on the specified land exchanges announcements, for application by the bidder's offer and update the tone, according to the highest bidder in the tone of the term at the end of quotation or on-site bidding results determine the behavior of State-owned land for construction purposes.

    Article 35th of the counties (cities), tender, auction or listing State-owned construction land activities can refer to these measures.

    36th article of the approaches implemented by the municipal Bureau of land and resources and is responsible for the interpretation. 37th these measures shall come into force on August 10, 2011.