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Shenzhen Industry And Certain Other Industrial Land Use Rights Transfer Rules

Original Language Title: 深圳市工业及其他产业用地使用权出让若干规定

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(Act No. 175 of 16 October 2007 of the People's Government Order No. 175, dated 1 December 2007)

Article 1 provides for the establishment and improvement of industrial and other industrial land use systems, optimization of land resource allocation, promotion of land savings, development of a cycle economy, implementation of scientific development, and development of this provision in line with the provisions of the relevant legislation.
Article 2 applies to the right to land use in the administrative region of Shenzhen.
Business, tourism, recreation, and commercial residences have been provided for by law, regulations and other regulations.
Article 3 provides for the use of industrial, logistics, warehousing land and the use of more than two promising places on the same land, which should be used in open competitions such as tenders, auctions or walls.
The right to use places such as cultural, sports, health, education, science and technology for non-governmental financial investment should be used in the form of tendering, auctions or walls; it is true that tenders, auctions or walls are not used and should be submitted to the municipal government for approval.
The right to use industrial and other industrial lands is given by tendering, auctions or walls, and the following are referred to as photographs.
Article IV quantify the principle of equity, openness, impartiality, integrity and good credit and best practices.
Article 5 quantification should be based on national economic and social development planning, urban planning, land-use master planning, near-term construction planning annual implementation plans, annual land use plans, and in line with the market industrial policy and environmental protection requirements.
Article 6. The Government of the Shenzhen People (hereinafter referred to as the municipal government) has set up a leadership group for the field (hereinafter referred to as the Leading Group). The Leading Group consists of executive heads in the areas of urban land, alteration, planning, industry, environmental protection, inspection, and the rule of law, and is headed by the Deputy Mayor of the land.
Specific work on the ground was carried out by the Land Administration authorities by law.
Article 7
(i) Consider programmes;
(ii) Acducting the suspension or termination of the ground;
(iii) The fact that the Commission was not able to form the matter of the resolution;
(iv) In the opinion of the Director of the Commission, the Director of the Commission was of the opinion that significant matters to be reviewed by the Leading Group;
(v) To make photographs of other matters that were reviewed by the Leading Group in its resolution.
The programme involves major matters, which are reviewed by the leadership's directive to the municipal land administration authorities.
Article 8 quantifications should be carried out publicly in accordance with the relevant provisions.
Article 9. Urban planning, land administration authorities shall organize, effective 1 June of each year, the next annual land use plan and the near-term construction plan, based on national economic and social development planning, urban planning and recent construction planning, land-use master planning, industrial planning, industrial development planning, industrial sector planning and industrial orientation catalogues, as well as a focus, major construction project catalogue.
The recent construction planning annual implementation plan should be aligned with the annual land use plan, specifying the value of the auction by the next year of industrial use and other industrial domains, the profile of the regional distribution of concessions and the provision of time frames.
The industry is prohibited and restricted to the development industry in the directory.
Article 10 The municipal planning authorities shall conduct the selection of the intended industrial and other industrial sites, in accordance with the recently approved plan for implementation and annual land use plans approved by the municipality.
Planning sites should be carried out in principle in reserve land and in accordance with industrial planning approved by the municipality.
The selection sites for major or priority-building projects in the city need to be aligned with the planning and should be re-elected in accordance with the procedures.
Article 11. Restitution, land, environmental protection, industrial, high-technical industries ( parking areas) or other industrial authorities and the peoples' governments of the relevant zones shall be consulted in writing.
Within 15 working days from the date of receipt of written material from the municipal planning authorities, the municipality should provide the relevant industrial policy advice; the municipal land administration authorities should provide the relevant land review observations; the environmental sector should determine the conditions for access to the project; and the municipal industry, high-technical industries ( parking area) management or other industrial authorities should propose, after seeking the views of the relevant tax zones, the industrial sector, the new area of light, the enterprise, project access conditions for the plots to be made.
Article 12 The municipal planning authorities should summarize the written advice of the relevant management, together with the selection of sites and the establishment of the capital planning licence conditions, to the Leading Group for its consideration.
Following the finalization of the programme by the Leading Group or the Municipal Government, the municipal land administration authorities should establish a board of photographs prior to the release of the announcement.
Article 13 quantify the Commission as a permanent member of the municipal land, planning, conversion, industry, environmental protection, the rule of law sector, which may be composed of non-permanent member units such as the use of the right to land, regional and other factors such as the use of each land-use power, the regulatory body of the high-technical industry, the large industrial area, the light new area, the tax area.
The Director of the PhD Commission is the executive head of the municipal land administration authorities.
Article 14. The Commission shall consider the following matters under the leadership team:
(i) Modalities;
(ii) tenders, competitive buyers;
(iii) The amount of tenders, competition guarantees;
(iv) Identification of criteria and methods for the successful and competitive claimants;
(v) Absorption or retention.
Article 15 Ratify the Commission terminated by:
(i) The owner or the owner has signed the contract for land;
(ii) The bidder or the competing owner did not provide for the time to enter into a land-use transfer contract in accordance with article 25 of this provision;
(iii) No request for tenders or competing purchases after the issuance of tenders, auctions or walls;
(iv) No tender or a competing buyer;
(v) No mark or competition;
(vi) The ground was stopped by the photograph.
Article 16, which is organized by the municipal land administration authorities, shall establish rules of procedure for taking photographs of the meetings of the Committee and shall be submitted to the Government for approval.
Article 17 The municipal land administration authorities shall make public solicitation, auction or wall announcements available for 45 days before tendering, opening of the auction or the closure of the wall. It should include:
(i) The name and address of the person;
(ii) The location of plots, the status of plots, area, use, duration of the year and the conditions for the planning of licences for the construction of land;
(iii) To tenders, competitive buyers and qualifications and access to qualifications;
(iv) The time, location and manner of solicitation, auction or wallboarding documents;
(v) tenders, competitive buyers, locations, tender walls and locations, tenders or competitions;
(vi) Identification of criteria and methods for the moderate, competitive and eligibility review matters;
(vii) The tender, the amount of the competition bond and the means of payment, and the manner in which it is processed;
(viii) Other matters requiring a notice.
The solicitation shall be invited to issue a solicitation invitation to the invited bidder by 30 October 2009.
Article 18 requests for tenders or competing purchases should be submitted to the qualification review department for tenders or competitive purchase review applications, as required by the announcement; the applicant has no land or has paid the owe, and the municipal land administration authorities should inform the qualification review department that it is no longer admissible for tenders or competing purchase requests.
The land-use rights of non-newable technology enterprise projects in the area of industrial land use and high-technical industries ( parking areas), tenders or competing purchase requests are reviewed by municipal industrial authorities.
The high-technical industries ( parking areas) have access to land-use projects in the context of high-technical enterprises, tenders or competing purchase applications are subject to a qualification review by the high-technical industrial sector (at the parking area) management body, involving access to land use within large industrial zones, light new areas, and are subject to a qualification review by the management of high-technical industries ( parks) and consulted by the authorities of the large industrial zone, light new area management agencies.
Logistics, warehousing and non-governmental investment culture, sports, health, education, scientific research or other industries use photographs to be reviewed by the relevant authorities.
Article 19 provides for a review of qualifications by the industrial authorities or the authorities of the high-technical industry (zone) to draw expert organizational assessments in the relevant areas from the established pool of experts.
The qualification review sector shall, within 15 working days of the date of receipt of tenders or competitive acquisition review applications, review tenders or competitive buyers.
The qualification review sector shall not set any conditions other than the content of the public declaration and shall, within 10 working days of the completion of the eligibility review, indicate the conditions for access to the ground and the eligibility review report to the municipal industrial authorities for the review.
Article 20, after obtaining tenders or competing purchases, the applicant's application for the relevant documents from the eligible review department to the City Land Property Exchange Centre for tendering or competitive purchase proceedings and payment of the bonds.
Article 21, whereby tenderers are eligible and paid less than three persons, and municipal land administration authorities should reorganize tenders, auctions or convert to a wall name. Reorganizing tenders, auctions or conversions to a wall name should be released in accordance with this provision.
On the basis of the wall, only one qualified competitive buyer was present at the time of the wall, with the exception of the lower price (reservation price).
Article 2 should terminate tenders, auctions or walls when tendering, auctions or walls are made available to all bidders or the best value of the buyer should be lower than the floor (reservation price).
The floor price (reservation price) shall not be lower than the minimum market value criteria published by the Ministry of Land Resources.
Article 23 establishes a competing owner in accordance with the principle of high price.
In the form of tendering, the marker is determined in accordance with the principle of the highest or high-proxy.
Article 24, in the form of solicitation or wall name, should, in the event of the occurrence of the following cases, identify the bidder and the owner through the on-site competition:
(i) Two or more of the bidder that meets the requirements of the floor were the same as the highest and the bid;
(ii) Two or more of the tenderers that meet the requirements under the floor are the same and the highest bids in terms of the bidder's tenders established in accordance with the principle of merit;
(iii) Buddddddddddding by the wall, two or more competing buyers that meet the terms of the wall.
Article 25, after the determination of a competitionee or a subsidiaries by law, is signed by the municipal land administration authorities in a letter of recognition with a competing owner and the subsidiaries on the ground.
The municipal land administration authorities shall enter into a land-use transfer contract on the date of arrival in accordance with the letter of confirmation and other relevant provisions, and shall enter into the first working day after delivery.
Over five working days from the date of the land-use right to enter into the contract, the transferee shall pay the land authorities the sum of the money.
Article 26 The municipal land administration authorities shall communicate the results to the municipal planning, conversion, industrial, environmental protection, and to the local population, relevant management and management agencies, within five working days from the date of the signing of a land-use transfer contract. The briefing shall be accompanied by a copy of the land-use right for contract reproduction for the functional sector.
The transferee shall, after the conclusion of the land-use transfer contract, apply, in accordance with the provisions, to the relevant sectors, such as urban conversion, planning, construction, industrial, environmental protection, respectively, for the processing, planning, construction and other approval procedures.
The relevant authorities of the city should follow up monitoring and management in accordance with their respective responsibilities.
Article 28 expires on industrial and other industrial uses, and the industries used to operate are prohibited or restricted to the development industry.
Article 29 obtained industrial and other industrial use rights through photographing, and the transferee should comply with legal, regulatory and land-use rights provisions on land use in the contract, without unauthorized transfer, rent, in strict compliance with land use.
The transfer of industrial and other industrial land use rights or the right to use industrial and other industrial uses for the enforcement of the People's Court, and the transferee shall be eligible for the transferee's qualifications as defined in the original land-use rights contract and the industries used by the transferee must be in line with the relevant industrial policy.
A transferee that is in need of transfer or is not eligible for enforcement by the People's Court may be given priority by the Government to buy, and the price of the purchase should be agreed upon in the land-use transfer contract.
In addition to the right to land use to give the contract otherwise agreed, industrial and other industrial uses should be transferred as a whole.
Article 33 Transfers or auctions of industrial and other industrial use rights due to enforcement by the People's Court shall be subject to competitive purchases by the appropriate qualifications review sector.
The transferee shall conduct a transfer registration process with a certified document that is in accordance with the conditions for the review sector.
Article 31, after a transferee enters into a land-use right to leave a contract, the land administration authorities are entitled to recover land-use rights in accordance with land-use rights provisions.
Article 32, tenders or competing buyers have obtained tenders or competitive buyers using illegal means such as deception, bribery, malicious collation, which is cancelled by the municipal land administration authorities, or by competitive buyers, have been identified as moderates or competing claimants, who are granted their qualifications by the municipal land administration authorities, confirming that the intermediate or competitive outcome is null and void, guaranteeing that the credit is not returned; the right to enter into a land-use right to leave the contract has been secured and removed from the right to land.
Article XIII does not provide for the signing of a letter of recognition or the right to land use, which is cancelled by the municipal land administration authorities or is competitive, and guarantees that the payment is not returned.
Subsidiaries or competing claimants are not allowed to pay their land-use payments on time after the contract is concluded, and the municipal land administration authorities are free of the contract by law, recovering the right to land, and the moderate or competing owner should assume responsibility for default as agreed by the contract.
In the course of tendering, auctions, walls and industrial use, the relevant units or individuals violate the provisions that disclose the final price (reservation), tenderers or competing buyers should be confidential and should be held in accordance with the law with the corresponding civil responsibility and administrative responsibility; the suspected offence was transferred to the judiciary.
Article XV of the Government concerned departments, management bodies and their staff members are not mandated to perform their duties or in violation of laws, regulations, regulations and regulations, to hold their executive responsibilities under the provisions of the Janzhensan administrative error-responsibility approach, and to transfer to the judiciary for criminal offences.
Article 36 This provision provides for the implementation of the previous municipal documents relating to the development of local work procedures that are inconsistent with this provision.