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Transfer Of Collective Construction Land Use Right Management In Hebei Province (Trial)

Original Language Title: 河北省集体建设用地使用权流转管理办法(试行)

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Collectively building the use of power flows in the northern province of the River (a pilot)

(The 10th ordinary meeting of the Government of the Northern Province, 25 August 2008, considered the adoption of Decree No. [2008] of 2 September 2008] of the People's Government Order No. 11 of the Northern Province of the River, effective 1 November 2008)

Article 1 protects the legitimate rights and interests of collective landowners and users, promotes the optimization and savings of land resources and collects, in accordance with the State Department's decision to deepen the management of strict land.

Article 2, this approach applies to the transfer of power and related management activities in urban and town planning areas outside the province's administrative region.

Article 3. This approach refers to the collective building of land referred to in the commune and communes (communes), the construction of public goods, as well as all other collective land for non-residents authorized by law.

This approach refers to collective capital-use swaps, which means that, under the same titles, the use of the right to use is carried out on a collective basis.

Article IV governs the supervision of the land administration authorities of the above-ranking people in the area of the administration for collective land-use transfer.

Article 5

(i) The owner, the holder of the right to ownership of the land or the right to use a certificate of authority under the law;

(ii) The right to land is not disputed;

(iii) The exercise of land rights is not governed by law by the judiciary, the executive branch;

(iv) Collectively built-in use rights have been agreed in writing by all commons.

Article 6. The collective economic organization of the rural economy has taken over all the collective building rights of farmers in the village of Jean, rent and mortgage, which must be agreed by more than two thirds of the villagers' conference of this Collective Economic Organization.

Farmers collectively build the right to use their land, rent and mortgage (communes) and must be agreed by the communes (communes) collective economic organizations or the communes (communes).

Article 7. The transfer of rights to collective construction should be concluded by law.

The contract shall contain the following matters:

(i) The name or name of the parties;

(ii) Modalities;

(iii) The location, area, use, duration and conditions of use of land;

(iv) The proceeds of land and the means of payment;

(v) The rights and obligations of the parties;

(vi) Collectively built-in approaches to the use of land and land-based buildings and other approximates after the expiry of their tenure;

(vii) Dispute resolution;

(viii) Removal responsibility.

Article 8 The maximum period for collective capital rental should not exceed 20 years.

Article 9. The right to make and rent collective building use may be used in the form of tendering, auctions, walls or agreements.

Article 10. The price of collective capital use can be determined in the light of local land-based prices. The standard of rental rents for collective construction of rents can be determined in the light of the amount of price discounts for local land.

Article 11. Collectively constructed use of the right to solicitation, auctions, walls and rents, in accordance with the following procedures:

(i) The owner's certificate of land ownership, a mapping map, and written material, which is agreed under article 6 of this approach, to apply to the city or district (market) land administration authorities in the establishment area;

(ii) The land administration competent to receive the application will work with the rural and urban planning authorities to guide the owner in the development of a programme of concessions or rents, which will be approved by the Government of the current people;

(iii) When collective land-use concessions and rental programmes are approved, the owner entrusts the land trading agencies with tendering, auctions or wallboarding, renting, for collective land-based organizations;

(iv) Subsidiaries, competing claimants, or letters of recognition, enter into collective construction of a transferee or rental contract with the owner, and pay the landowner or rent in accordance with a contract agreement;

(v) Becipients, competings with collective construction of concessions or rental contracts, collective construction of land approval documents, and land credit or rent payment vouchers, registration of land to the land administration competent to receive the application, and a certificate of collective capital use.

Article 12

(i) The parties have a land title certificate, a mapping map, which is based on the written material developed under article 6 of this approach, for the purpose of the land programme, collective land-use transfer or rental contracts, as well as advice from the urban and rural planning authorities, and apply to the city or district (market) land administration authorities;

(ii) The land administration competent to receive the application shall be reviewed by law and approved by the Government of the current people;

(iii) After approval, a transferee or lessee of a collective land-use transferee or tenant paying land credits or rents to landowners in accordance with a contract agreement;

(iv) The transferee or the lessee have a collective building of a concession, rental contract, collective building of the approval of documents, and land credit or rent payment voucher, registration of land to the territorial administrative authorities that receive the application and receive a certificate of collective capital use.

Article 13 Users shall use land in accordance with the agreed use of the land for use and collective construction of land approved by the Government of the People's Republic, in accordance with the establishment of the zone. There is a need for change in use, with the consent of the land administration authorities of the owner and the municipality of the establishment, the rural and urban planning authorities, the approval of the Government of the people who have previously approved the land and the transfer of authority or rental contracts by the parties or the re-establishment of collective land.

Article 14. Exemptions, rent contracts are not agreed and are processed in the light of the State's approach to the treatment of buildings and other consignments on the ground after the expiry of the national land use period.

The owner and the holder shall, within thirty days of the expiration of the land-use period, be registered by the original registration authority for the write-off of land-use rights.

Article 15 Collectively builds upon the expiry of the land use period agreed upon by the rental contract, which requires the extension, shall apply to the owner six months prior to the expiration of the land-use period, re-establish the contract after agreement and proceed with the granting or renting process by law.

Article 16 provides that the use of the right to collective construction by the author is protected by law and that the owner shall not be recovered until the expiration of the time limit for the award and the lease contract agreement. As a result of communes (communes), the construction of public facilities and public goods in the village requires the use of collective capitals that have already been made and rented, the owner can recover the right to land in advance, with the approval of the Government of the people of the land-use area, but the use of the owner should be compensated by law.

Article 17 Collectively builds the right to use concessions and to rent the proceeds of land are owned by the owner, while other units and individuals are not allowed to remain or divert.

Article 18

The transfer or transfer of royalties to collective capital should be carried out, in addition to the conditions set out in article 5 of this approach, in accordance with the agreement on collective construction of concessions, rental contracts, and in investment in construction projects totalling more than 25 per cent of the total investment or the development of land area to more than one third of the area to be developed.

Article 19 builds on transfers of rights in a collective manner, with the rights and obligations of the lender. Collectively, the transfer of the right to use leases should continue to be carried out by the transferee in accordance with the original collective construction of the lease contract.

Article 20 establishes time limits for the use of transfer of rights and transfer of leases on a collective basis, not only for the duration of the original land use, but for the remainder of the period used.

Article 21, collectively builds the transfer of rights and leases, and the parties shall have land-use certificates and related contracts, apply for land registration in the municipality of the establishment or the territorial administration authorities and communicate the transfer and transfer of leases to the owner.

Article 2 provides for collective capital use as a security right in the form of a mortgage, and the collateral parties shall have land ownership, the right to use, the debt contract, the mortgage contract and the identity of the party confirm that the mortgage registration is made to the city or the territorial administration authorities of the establishment area. Rural Collective Economic Organization or communes (communes) Collective Economic Organisations (communes) are also required to submit written material on the agreed mortgages as set out in Article 6 of this approach to the city or district (market) land administration authorities in the establishment area.

communes (communes) and village enterprises are not allowed to use their rights alone.

Article 23. When the debtor does not meet the obligations due or the realization of the mortgage right agreed by the parties, the collaterale may be given priority in terms of the price of the royalty with the mortgage-collection collective bargaining power-building agreement or the use of the right by the auction, the sale of mortgage. The collaterale and the guarantor did not reach agreement on the way in which the collateral was able to claim, in accordance with the law, the use of the right to use the collective capital of the People's Court of Justice.

The mortgage was lost for debt satisfaction or for other reasons, and the collateral party should write-offs to the original registry.

Article 24 Collectively builds transfers, leases, mortgages and mortgages, which are then transferred, leased and mortgaged by buildings and other consignments. Collectively constructed buildings and other consignments, leases, mortgages, mortgages and mortgages, and the collective building of land within the scope of their occupancy is transferred, leased and mortgaged.

Article 25 shall not be used for the development of commodity homes through collective capital transfers.

Article 26 does not authorize, under the law, the right to self-excise, rent collective land use or, in violation of this approach, the collective building of land for the development of commodity homes, in accordance with the provisions of land management laws, regulations and regulations.

Article 27 provides a model text for the collective construction of a transfer of rights to land, developed by provincial land administration authorities.

The twenty-eighth approach was implemented effective 1 November 2008.