Kunming City, Interim Measures On The Management Of State-Owned Building Land Auction

Original Language Title: 昆明市国有建设用地使用权拍卖出让管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257718.shtml

Kunming city, interim measures on the management of State-owned building land auction (March 2, 2010 152th meeting consideration of Kunming city people's Government on March 2, 2010, 98th Kunming city people's Government promulgated as of April 2, 2010), auction, first to standardize the use of State-owned land, land trading market, according to the People's Republic of China land management law, the People's Republic of China interim regulations on State-owned land use right transfer and transfer of urbanization,

    Tender auction of State-owned construction land use regulations and other relevant laws, provisions of the statutes and regulations, combined with the city's actual, these measures are formulated.

    Article within the same administrative area in this city auction of State-owned construction land, these measures shall apply.

    Third auction of State-owned construction land should follow legal, the principles of openness, fairness, impartiality and good faith, legal access to land, finance, audit, supervision and other related administrative departments and social supervision.

    Article fourth taking, goods are openly sold by auction for residential land, other business purposes should be sold by auction.

    Apart from the Government-designated land for public projects, and prohibit other uses of land and land using for commercial, product bundling of residential land sold.

    Reconstruction project land, approved, implemented by the Government.

    Five-star and above hotels, hotels, restaurants, resorts, land can be transferred other than in accordance with the auction.

    Fifth take including: wholesale and retail sale, accommodation, catering, business finance, and other business use. Wholesale and retail land refers to land used for wholesale, retail.

    Including shopping malls, shops, supermarkets, wholesale (retail) market, gas filling stations, petrol stations and its subsidiary, such as mini-warehouses, workshops, factories and other sites. Hotel land refers to land to provide accommodation, food and beverage services.

    Includes hotel, hotel, hotel, hotels, hostels, resorts, restaurants, bars and other sites. Business finance, Enterprise, services such as Office premises, as well as land used for commercial office space.

    Includes office space, commercial office space, financial activities and enterprises independent offices and other sites. Other land use for commercial, commercial and service industries other than above land.

    Including car wash, cleaners, recycling stations, repair outlets, photo shop, Barber and beauty shops, bathing facilities and other sites.

    Sixth in downtown area of Kunming (including wuhua district, panlong district, Guandu district, Xishan District, three national development (resort) District, Chenggong County) land reserve Center, Kunming and across the County (City) area of reserve land, auction of State-owned construction land work implemented by the municipal Bureau of land and resources, specific business handled by the municipal land and mining rights trading center.

    Other counties (cities) auction of State-owned construction land is carried out by the County (City) land and resource Administrative Department is responsible for organizing, land and mining rights, Kunming may authorize trading centres.

    Article seventh auction of State-owned construction land transfer programme drawn up by the principal auctioneer, the land and resources administrative departments of the same level audit, reported that the level of Government approval before implementation. Article eighth State-owned construction land use right before the auction shall be formulated by the Administrative Department of town and country planning for single spatial range of detailed planning and design criteria. Same parcel is divided into different uses, it should be made clear as a proportion of land area designated for different uses.

    Once the land is sold, planning and design and shall not be changed if you want to change, and Kunming city, urban and Rural Planning Committee for approval. Nineth auction of State-owned construction land, land supply information, Kunming should be in accordance with the relevant provisions of the measures announced.

    Notice shall set forth the bidding for time, location, contact, bidders should have the condition, pay the bidding deposit issues, and made available to bidders of auction information, including location, size, purpose and maturity of auxiliary facilities, planning and design criteria and drawings, land development, land use and bidding rules, such as the time limit.

    Tenth Article auction transfer State-owned construction with to right Qian, should by delegate auction people delegate has land valuation qualification of intermediary institutions, according to intends supply cases to of location, and area, and uses, and construction scale, and planning design conditions, and Government announced of benchmark premium, and market trading reference price and recently adjacent cases to trading price, for assessment, assessment report by land resources administrative competent sector record Hou, as State-owned construction with to right auction transfer pricing of reference. 11th article in accordance with the "who is a delegate, who set prices" principle, the auction shall auction price group pricing details, auction reserve price and starting price in reference to the assessment on the basis of price, by the auction considering lands reserve expenditures, investment in rural infrastructure construction, trade and other factors identified.

    Starting price submitted to the municipal land reserve of collective decision-making.

    12th auction reserve price not lower than the national minimum standards or land prices the lowest standard in Kunming.

    13th auction of State-owned construction land transfer price should be kept strictly confidential and not leak.

    Participate in the State-owned building land auction bidders list, in advance of the auction shall be strictly confidential, and shall not be disclosed.

    14th a bidder at the time of registration, he shall pay the bidding deposit.

    Bid bond shall be in cash, according to charge no less than the starting price of 30%, up from auction under specific conditions to determine the specific amount.

    Bidders shall land specified Bank and mining right Trade Center revenue procedures, submit a bid request information, submit banking bills, deposit account before the registration process. 15th People's Republic of China domestic and foreign natural persons, legal persons and other organizations, except otherwise prescribed by other laws, rules and regulations, are eligible to apply to participate in the city's State-owned building land auction activities.

    However, except in the following circumstances:

    (A) the transfer of State-owned land in the city, paid the land transfer price of not according to stipulations;

    (B) the transfer of State-owned land in the city, according to stipulations, requirements, development and construction;

    (C) two-year hostile bid, String, and without any justified reason, refuses to sign the auction after bid confirmation or of the State-owned construction land transfer contract and malicious arrears of the selling price;

    (D) other land and resource management activities of the Department that he could not participate in the auction. 16th to participate in State-owned construction land auction bidder should reach more than 7 people (including 7 people).

    When the closing auction, bidders with more than 7 (7), informed bidders attend the auction by auction if bidders for less than 7 people, then terminate this auction, informed the bidders by the auction house, and returned to the bidding deposit within 5 working days, without interest.

    17th auction of State-owned construction land's basic program:

    (A) the auctioneers auction begins, recently released 20th auction notice;

    (B) preparation of auction documents;

    (C) documents relating to auction bidder sign up for bid and ask for;

    (D) the documentation requirements for bidding deposit paid by auction;

    (E) specified in the announcement of the time and place of auction by legal procedures;

    (Vi) after an auction, bid and auction signed confirmation letter on the spot;

    (G) the refund within 5 working days after the auction is over other bidders bidding deposit, without interest.

    18th auction of State-owned construction land in accordance with the following procedures:

    (A) the host count bidders;

    (B) introduced the auction area, scope, location and space situation, purpose, use year, planning requirements, start and completion time, and other related matters; (C) the host announced the bid and the price rule and the price range.

    No reserve price, should be clearly prompted;

    (D) the host quoted price;

    (E) the bidders bid or quote;

    (F) the chairpersons confirmed the price or offer to continue bidding;

    (G) the moderator three times announced the same price or quote had not bid or offer, host gavel auction;

    (VIII) the moderator announced that the highest price or quote for people.

    19th auction of the host can be adjusted according to bidders bidding at the auction auctions and price ranges.

    20th highest bidders bid or offer price is not reached, the moderator shall terminate the auction. Article 21st after an auction, auction and bid on the spot who signed the confirmation of sale. Acquired shall, on the completion of 10 working days from the date signed with the land and resources administrative departments of the State-owned construction land transfer contract and in accordance with the terms of the contract paid the land transfer price.

    Agreed stage payments, the first pay shall not be less than all of the land transfer price of 50%.

    22nd article should generally be in the land transfer price of the State-owned construction land transfer contract signed within 60 days from the date of payment.

    With special payment requirements, shall inform all the bidders before the auction, payment in accordance with the auction subject people time, but not more than 60 days.

    Bid bidding deposit can be retained as the land of the people paying the price.

    23rd after the end of auction activity, land and resources administrative departments of land supply information, Kunming should be in accordance with the relevant provisions of the measures, the auction results were announced.

    Article 24th bid within the time stipulated in the contract selling price, land registration law, recipients of State-owned land use permit.
25th bid in the auction is not signed on the spot after the sale confirmation or not as agreed in the confirmation of sale time and natural resources signed by the Administrative Department of the State-owned construction land transfer contract, as a default, bidding deposit is not refundable, and reorganize the auction.

    26th people under the State-owned construction land transfer land use rights transfer agreement agreed to pay the price, land and resources administrative departments have the right to terminate the contract and bidding deposit is not refundable, and reorganize the auction.

    27th acquired a people not by national, provincial and municipal regulations and of the State-owned construction land transfer contract agreement for land development, or development does not meet appropriate strength, resumption of land use right according to law, and reorganize the auction.

    28th acquired one of the following circumstances, acquired results invalid; losses caused, and who shall bear the financial responsibility and liability and shall not be involved in reorganizing the auction:

    (A) violations of the regulations or obligations under the transaction documents;

    (B) providing false documents, concealment;

    (Iii) acquired by illegal means such as bribery, collusion;

    (D) the laws, regulations and other regulations is invalid.

    29th man has any of the following circumstances, two years shall not participate in the city's State-owned construction land auctions, credit system, and added to the blacklist:

    (A) without any justified reason, refuses to sign the auction after bid confirmation or of the State-owned construction land transfer contract;

    (B) the failure of the State-owned construction land transfer contract agreement, malicious default selling price;

    (Iii) acquired the land by illegal means such as bribery, collusion;

    (D) during the auction there are other malicious acts.

    30th the Executive Agency staff, land transactions have one of the following situations, as its plot, by appointment and removal, monitoring bodies held on personnel responsibilities; a suspected crime, transferred to the judicial organs dealt with according to law; losses caused to a party shall bear liability for:

    (A) to cooperate in the development, investment and the problems left over from history, should carry out the auction on behalf of the State-owned construction land transfer by or supply agreement to sell way;

    (B) block in auction activities in line with the conditions of the applicant entering transactions, or not allowed to meet the conditions, is not required to pay bid bond of applicants to enter transactions;

    (C) manipulation of State-owned building land auction results;

    (D) disclose reserve price;

    (V) disclosure of bidders list;

    (Vi) not according to land a contract for land price or fails to meet other statutory conditions for payments to state-owned construction land use right certificates;

    (G) taking bribes, dereliction of duty, abuse of authority or engages in such conduct. 31st Executive, staff has any of the following circumstances, instruments of administrative license is invalid.

    Meanwhile, administrative sanctions by the appointment and removal, monitoring authority; a suspected crime, transferred to the judicial organs dealt with according to law; losses caused to a party shall bear liability for:

    (A) violations of non-operating land used for operational construction, development, housing construction, land, planning and other departments for its infrastructure procedures;

    (B) the publicly available information, set obstacles to open, fair and impartial market mechanism construction conditions.

    Article 32nd Kunming city land and mining right trade center not to collect auction fees, its work is financed by municipal finance departments included in the annual budget. 33rd article this way come into force on April 2, 2010.