(February 19, 1995 the Government of the 49th promulgated on November 20, 1997, the municipality, the new deal [amended on April 10, 2008 the municipality 153th 1997]97 amended) Chapter I General provisions article in order to reform the system of urban land use, land property benefit into full play and ensure the smooth implementation of town planning and construction, promote economic development, in accordance with the
People's Republic of China town-owned land and transfer of interim regulations and related laws and regulations, combined with State practice, these measures are formulated.
Second approach applies to cities, counties, towns and industrial State-owned land in the area (hereinafter referred to as the land) appropriated and transfer, lease, mortgage, transfer, termination of activities.
Legal persons, other organizations and individuals, in accordance with the present approach to land-use rights, land development, utilization, management, and legal transfer, lease, mortgage or for other economic activities. Third counties (cities) over Government land administration departments unified management of land within their respective administrative areas, land use rights transfer, transfer, lease and mortgage of conducting supervision and inspection.
Division of rights and responsibilities between land administration departments at all levels, by the land management Department of the autonomous region as provided for by law.
Urban planning, real estate, plans, prices, fiscal management in accordance with laws and regulations and these rules, the exercise of land and transfer of responsibilities.
Chapter II land and allocate the fourth land, by County (City)-above people's Government is responsible for, planned and systematically carried out.
Lands management departments of planning, urban planning, construction management, according to the national economic development plan in the region, land use planning, town planning and annual non-agricultural construction land use planning, land use rights transfer plans, approval after approval in accordance with national requirements, implemented by the land administration organizations. Article fifth specific plots of land, should be prepared to sell the programme. Transfer programmes should include a transfer block size, location, location, use, transfer time, planning requirements, assignment of the demarcation of the land, and so on.
Licensor where land management departments of construction, planning, real estate management help under the land transfer programme and capital investment plans, according to the approving authority approval from land management on behalf of the Government (transferor) and the transferee to sign the lease contract.
Article sixth lands management departments of urban planning, finance, pricing, planning and transfer of State-owned assets according to site location, size, age and land market situation and other factors, land classification, developed land, assess the demarcation of the land. Seventh article land right transfer take tender, and auction mainly of way, also can used agreement way, on transfer land right of specific plots, land management sector should with about sector to application by let party issued following information and file: (a) transfer plots of location, and four to line, and area, and to nationality figure and based facilities situation introduced; (ii) land of planning uses, and construction project completed years, and must input of minimum construction funds requirements; (three) municipal public facilities status and building volume rate, and density, and
Clearance limit, the town planning, and construction requirements; (four) environmental, and green, and traffic, and seismic, and epidemic, and fire, requirements; (five) transfer way, and using years, and bid or auction of locations, and date, and program, and rules; (six) by let party should has of qualification, and conditions, leasing paid way requirements; (seven) about transfer, and rental, and mortgage, and terminated of specific provides; (eight) other should description of matters. Eighth article tender transfer land right of program: (a) land management sector according to transfer plots of specific requirements, issued tender notice or released tender announcement; (ii) bid who in provides of time within, to specified of locations, and units delivered bid margin, and will tenders sealed Hou input specified standard box; (three) land management sector with about sector composition assessment standard group for opening, and assessment standard and summary standard, transfer party on bid who issued bid certificate, while written notification not bid who, Not bid who delivered of bid margin in summary standard Hou 10th within full returned; (four) bid who in received bid certificate of day up 10th within to transfer party delivered transfer gold total 20% of deposit, and signed land right transfer contract, its bid margin can filling arrived deposit, deposit can filling arrived transfer gold; (five) bid who should in transfer contract signed of day up 60 days delivered all leasing,
Payment of leasing and payment of taxes and fees payable within 15th of specified lands management departments registration procedures for land-use, recipients of the State-owned land use permit.
Nineth article auction land right of program: (a) County (City) Government on by approved can transfer land right of plots released auction announcement, announced auction plots of location, and area, and status, and uses, and using years, and with to planning, and auction time locations, and registration time locations and other about matters; (ii) bid who should in public auction Qian 10th within to specified locations registration bid, by approved Hou, delivered bid margin, received should price brand, obtained about information and file; (C) Land Administration Department on behalf of the Government (the transferor), auctions, released after a floor price, bid price, bid high for the transferee, and land contract with the transferor, and delivery of transfer 20% of the total deposit, its early delivery of margin can be used to deposit. To other competitors in the delivery of the security deposit shall be returned in the 10th after auction ends; (d) the transferee should be sold within 60 days from the date of delivery of all leasing contracts signed, the deposit can be used to transfer.
Payment of leasing and pay taxes within 15th of specified lands management departments registration procedures for land-use, recipients of the State-owned land use permit. Tenth Article agreement transfer land right of program: (a) application by let party holding County (City) above Government about sector approved of project file and sources proved file, to land management sector proposed by let land right of written application; (ii) land management sector received application Hou, should by this approach seventh article provides, to application by let party issued transfer plots of information and file; (three) application by let party should in provides of time within submitted land development business programme and attached with delivered leasing amounts, and currency species, and Documents such as payment terms, credit and information on land administration review of its legality, rationality and feasibility, in 30th with application specific consultations on the transferee; (d) consensus, land administration departments on behalf of the Government (the transferor) land contracts with the transferee. The transferee must be delivered on the date of signing the contract to sell the total deposit of 20%, in 60 days to deliver the full transfer fee.
Can be used to transfer the deposit; (e) the transferee in the delivery of all leasing and payment of taxes and fees payable date of 15th, to land management departments registration procedures for land-use, recipients of the State-owned land use permit. 11th licensee fails to fulfill contract, Licensor has the right to terminate the contract, has delivered to the transferee of the deposit is not refundable, and is entitled to compensation according to the contract stipulations.
Assignment of the lessor fails to perform the contract, the transferee has the right to as per the contract to terminate the contract, and shall be entitled to a refund of the deposit and claim compensation.
12th the transferee need to change contract provisions of land use and planning requirements, the request must be made in advance to the licensor, upon approval by the Department of land management and urban planning, in accordance with the relevant provisions of this chapter, sign a new contract or concluding contracts.
13th article following construction with to of land right, does is required of, can by County (City) above Government according to approval permission approved allocated: (a) State with to and military with to; (ii) City based facilities with to and public career with to; (three) national, and autonomous regions focus support of energy, and traffic, and water, project with to; (four) legal, and regulations, and regulations provides of other with to.
Third chapter land right transfer and rental, and mortgage 14th article to transfer way made of land right, meet following (a), and (ii), and (three), and (four) items conditions of, can transfer; meet following (a), and (ii), and (three) items conditions of, can rental, and mortgage: (a) has paid all land right transfer gold; (ii) legal holds land using card and the ground buildings, and attached real ownership card; (three) has by transfer contract provides of conditions, and term investment utilization land;
(D) in addition to leasing has been put into construction funds total investment over 25%.
15th when land use rights transfer, the transfer of the ownership of buildings and other objects on the ground with; buildings and other objects on the ground when the transfer of ownership, the use of land within the accompanying transfer land use rights and buildings and other attached split transfer, shall not violate the provisions of relevant laws and regulations.
16th section land use rights transfers the Parties shall sign a contract of assignment and 15th on the date of the contract, in accordance with the relevant provisions of the land registration and registration of urban real estate, land use permit holders, transfer contract, the contract of assignment, respectively to the local land administration and real estate management for land use rights, ownership transfer registration. Article 17th land transfer price was significantly lower than market prices, County (City) above have the preemptive right.
The market price of land use right transfer unreasonable increase, County (City) above may take the necessary administrative and economic measures.
Article 18th after transfer of land and land use rights grant contract requirement for people to land use and planning land-use, assignment of the need to change the land use and planning requirements specified in the contract, these measures shall apply to article 12th. Article 19th land leased, mortgaged, the above-ground buildings, other attachments with the lease or mortgage; buildings and other objects on the ground when leased, mortgaged, the use of land within the lease or mortgage.
Article 20th land lease, mortgage, the two sides should sign a lease, mortgage contracts. 15th on the date of the contract, lease, mortgage, hold the land transfer contracts and leases, or a mortgage contract, respectively to the local land administration and property management Department for leasing, mortgage registration.
Cessation of lease, mortgage, lease, mortgage date should be terminated by both parties in the 15th, to the original registration authorities for cancellation of lease, mortgage registration formalities.
Article 21st land lease or mortgage the effective period of the contract, the lessor or the mortgagor must continue to perform the assignment or transfer of the right of land contract.
22nd mortgagor leased of land-use rights as collateral, the original lease contract during the effective period should continue to be carried out, and the mortgagor mortgages should be written notice to the lessee has been collateralized mortgage contract period for the transfer of land, prior written consent of the mortgagee, under the same conditions, the mortgagee has the preemptive right.
23rd a mortgagor fails to perform due debt or mortgage shall be declared bankruptcy or dissolution of the contract, the mortgagee is entitled to in accordance with national laws and regulations and the provisions of the mortgage contract, apply for disposal of the mortgaged land to land management.
Due to disposal of the mortgaged property and land tenure and ownership of the buildings and other objects on the ground, should be to the land management Department for land registration, property management for property transfer registrations.
Article 24th transfer, lease, mortgage obtained through allocation of land use rights, shall be in accordance with the measures specified in chapter II of replacement land procedures and according to the standard pay of not less than 20% calibration land after land-leasing, apply the provisions of this chapter.
Allocated to acquired land as an asset and another joint venture, cooperation, joint ventures, build houses, as an act of transfer of land, should go through the land use rights transfer procedure, pay land leasing. Fourth chapter land use rights terminate 25th land use right transfer period, call the land lost to the termination.
Land should be returned within 15th land after land use permits, and the land-use right to cancel the registration.
Article 26th land before the expiration of 3 months, the right to renewal of a person can apply to the Lands Department, after approval, the approval authority in accordance with the provisions of chapter II of this approach again sign the lease contract and pay the lease price, registration of land use.
27th article has following situation one of of, County (City) above Government should in accordance with approval permission free recovered allocated of land right, and can by this approach second chapter provides for transfer: (a) land right people for migration, and dissolved, and revoked, and bankruptcy or other reasons stop using land of; (ii) according to city construction, and city planning need recovered of; (three) national and autonomous regions provides of other situation.
Free recover when the allocated land-use right, the above-ground buildings, other fixtures, County (City) Government should compensate according to the actual situation.
Fifth chapter penalty is 28th article not by land right transfer contract provides of term and conditions development, and using land or without approved unauthorized change land right transfer contract provides of land uses of, should ordered its deadline corrected; late not corrected of, can give warning, and sentenced each square meters 10 to 15 Yuan fine, highest shall not over 30,000 yuan; refused to corrected of, free recovered land right.
Article 29th deceit in obtaining approval, the illegal occupation of land, revocation of approval documents, ordered to return the illegally occupied land, dismantle or confiscation of illegally occupied land on new buildings and other facilities, and illegally occupying a total land area of up to 15 yuan per square meter penalty shall not exceed a maximum 30,000 yuan.
Article 30th transfer, lease, mortgage party was not in accordance with the provisions of the land transfer, lease and mortgage registration, shall order its deadline for a replacement registration; fails to go through, according to illegally transfer land to treat and transfer, lease and mortgage of 50% fine of the amount of illegal income, shall not exceed a maximum 30,000 yuan. 31st in the course of the assignment and transfer of land use rights, relevant personnel, such as corruption, bribery, bribery, racketeering, negligence and other acts, by its administrative departments provide the necessary administrative and financial penalties.
Violated the Act constitutes a crime, shall be investigated for criminal responsibility by judicial organs. 32nd article this regulation of administrative punishment by the land administration sector. Party refuses to accept the decision on administrative penalty, may apply for administrative reconsideration or initiate litigation to the people's Court according to law.
Party fails to perform the penalty decision, nor apply for administrative reconsideration or initiate litigation to the people's Court, made the decision of the authorities may apply to a people's Court for compulsory execution.
Sixth chapter supplementary articles article 33rd this way is the meaning of the following terms: land, refers to the land owner of the land in a certain number of years and land users, and are paid to the State by the land use land use right transfer Act.
Land extraction, is the zhijingxian (City) approval of the people's Government above the law, land users to pay the compensation and resettlement after the costs of the delivery of the land use or land-use rights used in unpaid delivered to the land use.
Transfer of land refers to land users in land transfer Act, including the sale, Exchange, or a gift.
Land rent, is refers to land used as a lessor of land with buildings and other attached property leased to a lessee for use by the lessee to pay the rent. Mortgage of the land refers to land users provide a mortgage of land as security for repayment of debts on schedule.
Original ownership of land use right of the party known as the mortgagor, secured creditors known as the mortgagee. Article 34th in this way the land use rights transfer and confiscated money, should be turned over to the financial, implementation of project management.
Specific measures for the management, use of State land and building (planning), the real estate management sector coordination finance, price control departments, autonomous region people's Government for approval.
35th production and construction Corps management approach to selling state-owned land transfer and used separately.
36th article this way as of the date of promulgation.