Wuhan Land Transaction Management

Original Language Title: 武汉市土地交易管理办法

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Wuhan land transaction management

    (February 16, 2009, Wuhan municipal people's Government at the 63rd Executive meeting on March 16, 2009, Wuhan municipal people's Government made the 195th announced as of May 1, 2009) Chapter I General provisions

    First to standardize the State-owned land transactions, deepen the reform of land use system, establishing an open, just and fair land market, protect land deals involved in legitimate rights and interests, in accordance with relevant laws, regulations, rules, combined with the city's actual, these measures are formulated.

    Second approach applies to state-owned land within the administrative area of the city trading (hereinafter land transaction).

    Land transactions in these measures, including State-owned land use right transfer, lease, transfer.

    The third municipal people's Government established the city's uniform land visible market, as special places of the land deal.

    Fourth city land administrative departments responsible for the supervision and administration of land transactions in the city, other relevant departments according to their respective responsibilities and management work related to land transactions.

    City land transaction Center is the city of the tangible land market of contractors, in accordance with the procedures and responsibilities of a land deal.

    The fifth land trade should follow public, the principle of fairness, impartiality and good faith, land transactions the related parties according to law, and no unit or individual may illegally interfere.

    Chapter II trade market

    Sixth, land transactions in land transactions and provide services, whose main functions are:

    (A) the implementation of national laws and regulations on land management, regulations and policies, implement the tangible land market construction plans and goals;

    (B) to collect, compile, publish research, land transactions and land price information, help the land administrative departments in land supply plan;

    (C) accept the land administrative departments entrusted, apply for State-owned land use right transfer, bidding, auction and listing of leasing transactions;

    (D) accept party delegates, handling of State-owned land use right transfer transactions;

    (E) provide land transactions, negotiation, investment, exhibition place, agents for land transactions and land assessments, information and consulting agency providing services;

    (Vi) land transaction law, regulations and related consulting services, expert database for land and provides technical support;

    (G) complete the land administrative departments entrusted by other matters.

    Seventh following land transactions at the land visible market open to other organizations not to take:

    (A) the commercial, tourism, entertainment, residential and business purposes and the sale of industrial land, leasing;

    (B) approved to use change for business, travel, entertainment, residential and other operational uses and industrial uses of State-owned land use right transfer, leasing;

    (C) granting independent State-owned land use right transfer, leasing;

    (D) for the realization of mortgage right and cause the transfer of State-owned land;

    (E) the Court judgment or arbitration award for the satisfaction of debts of State-owned land use right transfer;

    (F) the laws, regulations, rules and regulations shall be carried out in public in other State-owned land-use rights trading.

    Eighth municipal land transaction Center shall establish and improve trade rules, trade procedures, service commitments, financial management oversight investigation, discipline breaches and other land transaction system and the internal management system, guarantee land for open and fair trade.

    Nineth of municipal land transaction Center should strengthen the construction of trading places, improving information-gathering, such as publishing, policy and legal advisory services, optimize service environment, improve the quality of service, strict standards of fee-charging in accordance with price departments.

    Tenth article into the tangible land market land trading agent and evaluation services for intermediaries, shall have corresponding qualifications, provides mediation services in accordance with law, according to the provision of fee-charging, and comply with the tangible land market regulations, subject to management.

    11th the land transactions, management of land transactions, participants should be subject to, observe discipline, maintain trade order.

    Chapter III land transactions

    12th prohibits illicit transaction of State-owned land-use rights; prohibit the use of red line construction project planning permit and land transfer and other forms of "speculation".

    13th there should be one of the following circumstances State-owned land transactions:

    (A) the land ownership is unclear or disputed;

    (B) the outstanding mortgage, attachment relationships and without the people's Court or an arbitration institution, related consent;

    (C) the laws, rules and regulations prohibit transactions in other circumstances.

    14th article of the regulation of various types of land transactions, require planning and land administration authorities according to law, should be planning and land approval formalities before the transaction; the law requires government approval, should also be in transactions have the right of approval of the people's Government for approval.

    For application transfer of business sex with to or industrial with to, and application will uses change for business sex uses or industrial uses of land, and and application transfer and transfer price obviously below market of transfer, and rental land, Government can priority acquisition or law recovered, and be reserves; for meet city planning, and land supply annual plans, and by has approved right of Government approved trading of, original with to units can law in city land trading center public trading.

    15th of municipal land transactions take the form of State-owned land use right transfer, leasing transactions:

    (A) the tender: specific or not specific at the invitation of citizens, legal persons or other organizations to bid on State-owned land, land according to the tender results of human behavior.

    (B) the auction: at the specified time and place, host of the auction under the auspices of the bidders public bidding, according to bids results determine the land's behavior.

    (C) the tone: in a certain period to be selling, lease terms of land parcels at designated places 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 determines that the Land Act.

    16th commercial, tourism, entertainment, residential, business and industrial land, leases must be through bidding, auction and listing transactions; other land for the announcement of the plan, the same two or more intent, bidding, auction and listing transactions should be taken.

    17th of municipal land trading in land transactions in accordance with the following procedure:

    (A) transactions accepted: municipal land transaction Center for trading principal and approval for trade in accordance with article 14th of this approach.

    (B) transactions: urban land transactions on the basis of the outcome, publicly traded land activities according to law, issued or signed in accordance with the provisions of the present article 19th land transaction confirmation document.

    (C) transactions concluded: the assignee's sale of land confirm file data to land administration authority sign the lease, lease and land registration procedures, and to receive State-owned land usage certificate. 18th through bidding, auction and listing transactions of State-owned land use right, should be in place before bidding, auction and listing bidding, auction and listing documents and proposals, bidding rules, and at least in the bidding, auction, 20 days before the day of listing began publishing the bidding, auction and listing announcement announced deal massif and bidding, auction and listing the time and place.

    Notice issued by the principal principal municipal land transaction Center. Announcement period, announcement content changes should be channel to issue supplementary notice according to the original announcement, and notify the registered bidder.

    Relates to land-use changes affect the price of the land, such as major changes in the conditions and supplementary notices published from bidding, auction and listing activity start time less than the 20th, bidding, auction and listing activities accordingly.

    19th through bidding, auction and listing after the winning bidder is determined, competitive person, is selling, leasing, land administrative departments shall, with the winning bidder, bid signed a deal confirmed documents; a transfer transaction, by city land deal central to the winning bidder, acquired a letter sold for verification documents.

    Paid by the winning bidder, acquired a person bids, bid bond, arrives in the land transaction price; other bidders, paying bidders bidding, bidding deposit principal, municipal land transaction Center shall after the end of trading activity within 5 working old be returned. 20th through bidding, auction and listing transfer, lease of State-owned land, applicant intends to establish new company in land development and construction should be clear in the bidding application.

    Land administrative departments according to the bidding, auction and listing results, in accordance with the contract signed with a new State-owned construction land transfer, lease contracts.

    21st of municipal land Trade Center bidding, auction and listing State-owned land use right transfer, protocols, procedures. Agreements apply for transfer of State-owned land use right according to law, municipal land transaction Center shall request the client to provide trading block land, land, land, land use, trade, the proposed transaction information such as the unit and be publicized in the tangible land market, indicating feedback and ways and means of public notice not less than 5 working days.

    No objection during the public, organizing exchange land trade agreement signed by both parties, transaction confirmation document issued; publicity during the dispute and by the Department of land administration review found that violations do exist, trade program termination.

    22nd land administrative departments should be considering lands valuation results, government industrial policies, market conditions and other factors, determined taking collective decisions of State-owned land, lease trading floor, the upset price shall not be lower than the lowest standards prescribed by the State.

    Transfer of State-owned land, the principal may, land transactions, according to the needs identified and to provide trading floor price.

    Trading price before the end of trading activities shall be kept confidential.

    Article 23rd after the transaction is completed, land transactions shall, within 10 working days, will compare results in tangible land market or designated places, media reported. 24th is a transfer, lease transactions, assignee shall, in accordance with the land transaction confirmation document of the time, place, signed with the land administrative departments of the State-owned construction land use right transfer, leasing contract, paid the price of land transactions, applications for land registration. When you sign the lease, lease contract, without changing the bidding, auction and listing file agreed planning and design criteria in the planning of land use and volume rate indicator.

    Not according to bidding, auction and listing files and transfer, lease contract paid the land transfer, rental price, State-owned land use permit shall not be issued.

    Is a transfer transaction, the transaction confirmation document requirements the assignee should be paid the price of land transactions, to the land administrative departments for land registration. The 25th due to the winning bidder or the person's reasons, in the deal confirm that the file is not signed within a specified time sell, lease or transfer agreement, or the price of outstanding land transactions, cancel the winning bidder or the qualification of the people, to deliver the deposit is not refundable; loss, the winning bidder or the person shall be liable.

    Agreed by the principal of land transactions, municipal land transaction Center to reorganize transactions.

    The fourth supervision and investigation

    Article 26th watchdog and land administration, land transactions, departments shall establish reporting or a complaints box, accept social disciplinary violation report on land transactions, complaints for commercial bribery in land transactions and other bad behavior, should be recorded, released.

    27th land transactions should be trading, rules, procedures and other land transaction be publicized, subject to public supervision.

    28th contravention of these rules for the exchange of land, land administrative departments shall not apply for its land registration, shall not be issued by the State-owned land usage certificate.

    29th land bidders, bidders provide false materials, acquired the land by illegal means such as bribery, collusion, bid results; losses caused, the successful tenderer shall bear the liability of the person, bid.

    30th land transaction participants to disrupt the tangible land market order, land trading, trading host can cancel its participation in land transactions and bidding qualification; activities contravening public security management, public security organs according to law.

    31st land transaction disputes, transactions can be settled by the parties or arbitration organization for arbitration or suit before a people's Court according to law.

    32nd the land Administrative Department and related departments, municipal land transaction Center staff in violation of these regulations, land deals in the process of accepting bribes, malpractice or dereliction of duty and other violations, given sanction by their work units or by the supervisory organs constitutes a crime, the attention of the judicial organs shall investigate the criminal liability.

    The fifth chapter supplementary articles

    Article 33rd circulation of collective construction land use right according to law, in accordance with the measures implemented. 34th article of the rules take effect on May 1, 2009. On June 10, 2002, Wuhan municipal people's Government issued the measures for the management of land transactions (municipal order 134th) repealed simultaneously.