Hubei Province Trial Measures For The Management Of Rural Collective Construction Land Use Right Transfer

Original Language Title: 湖北省农民集体所有建设用地使用权流转管理试行办法

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(October 30, 2006 Hubei Province Government Executive Conference considered through November 9, 2006 Hubei Province Government makes No. 294, announced since January 1, 2007 up purposes) first article to strengthening farmers collective construction with to right (following referred to collective construction with to right) circulation management, maintenance farmers collective land right, promote land resources of optimization configuration and intensive using, promote rural industrialization, and agricultural industrialization and town of construction, according to national about provides,
    Combined with the facts of the province, these measures are formulated.
    Article collective construction land use right in these measures refers to General land use planning and urban planning of the village, town, town ownership legal, clear boundary of collective construction land use right. Collective construction land use right transfer refers to the premise of collective ownership of land does not change and transfer of collective construction land use right.
    Including transfer, lease, assign, sublease, mortgage, investment and other transfer by mutual consensus.
    Article III transfer of collective construction land use right, the implementation of principles of legality, equality, voluntariness and paid.
    Public facilities and public welfare undertakings in the collective statutory land and farmers can use this free collective-owned construction land.
    Article collective construction land use right transfer functions must conform to the General land use planning and town planning, in the urban planning areas must comply with urban planning.
    Was built before the General land use plan does not meet the General land use plan the use of buildings and other attachments, not reconstruction, reconstruction, extension, transfer of collective construction land use right is not.
    Fifth after the transfer of collective construction land use right, the specific building projects must comply with the relevant State industrial policies, prohibited the use of collective-owned construction land for real estate development and residential construction.
    Land administrative departments of local people's Governments at or above the county level shall strengthen the ban, restricting construction project supervision and management of the use of collective-owned construction land, establishment of prohibitions, restrictions for project supervision system.
    Sixth State where the public interest requires, the implementation of expropriation or requisition of collective construction land according to law, collective land owners and users should be subject of collective construction land, but should be based on actual conditions to obtain the appropriate compensation for land development.
    Article seventh transfer of collective construction land use right (except for transfer, sublet), village meetings, as members of the collective economic organizations, more than two-thirds members or two-thirds over the villagers ' representatives agree.
    Collective construction land use right transfer programme before the villagers ' meetings or villagers ' representative meetings before the vote, shall publish its circulation, proposed project and its environmental impact, land use, transfer income, land use period and the villagers need to know otherwise. When the eighth collective construction land use right transfer, land owners and users shall enter into a contract.
    The contract shall specify the transfer of land owners, land users, the way, the land position, size, purpose, duration, conditions of use, land revenue and payment, rights and obligations of both sides, the expiry of the land use right and above-ground structures and approaches of other attachments, breach of contract and other content.
    Nineth article collective construction with to owner to transfer, and rental, way will its right determine to units or personal using of, should in transfer, and rental contract signed set Hou 30th within, by collective construction with to owner and using who to land location County, and city government land administrative competent sector proposed application handle land registration and received related ownership proved, and submitted following material: (a) collective land all card or other land ownership proved file; (ii) construction with to approved file;
    (C) collective construction land use right assignment, lease contracts, (iv) collective economic organizations villagers more than two-thirds members or two-thirds over the villagers ' representatives agreed that the documents; (e) the construction project environmental impact assessment reports.
    Article tenth of collective construction land use right transfer the maximum period shall not exceed the maximum period of a similar State-owned land use right transfer.
    11th the collective-owned construction land transfer, rent, should be listed for trading at the tangible land market or land exchange.
    On the use of collective-owned construction land for business, travel, entertainment and other business projects should refer to state-owned land use right transfer procedures, bidding, auction and listing form of collective construction land use right. 12th collective construction land use right transfer price shall not be lower than provincial standards of local land transfer rates are set.
    No set minimum standards, should refer to the agricultural land classification and gradation or adjacent lots of State-owned land prices.
    13th land users should be in accordance with city and County approval or registration documents, as well as transfer of collective construction land use right contracted use of land.
    Really necessary to change of land use and land use conditions shall be subject to land owners and land, Administrative Department of planning consent, the original approval by city and county governments for approval, change of collective construction land use right grant contract agreement or the renewal of collective construction land use right grant contract, adjustment of land transfer income. 14th a collective construction land use right grant contract expiry of the agreed land use, free land by the land owner to recover, the above-ground buildings, other fixtures agreed upon in the collective-owned construction land transfer contract.
    If not agreed in the contract, refer to state-owned land use right due and other attached buildings disposal approach on the ground.
    15th the land owners and land users should be in the collective construction land use right grant contract land use within expiry date of 30th, to land with the registration authority to cancel the registration.
    Calls for continued use of land by the land users, in land use period before the expiry of 6 months shall be applied for renewal under these regulations to apply for collective construction land use right transfer procedures, sign the lease contract. 16th section land users when the transfer by the transfer of collective construction land use right, paid use of collective-owned construction land contract and the rights and obligations contained in the registration documents with the transfer. Land-use term for the land-use term minus the original land users have used the term remaining after completion of the term.
    Not complying with the provisions of the land transfer contract terms and conditions for investment and development, land-use, land-use right is not transferable.
    Collective construction land use right after the lease, the lessor shall continue performance of the collective contract of paid use of land for construction.
    Land use rights the assignor, the subtenant shall transfer, sublet notify the land owner.
    Article 17th transfer, sublet the Parties shall in the 30th after the signing of the contract, take the original collective land use certificates or other evidence of land ownership, land use right transfer (sublease) contract and other materials, to land where city and County land administrative departments of the land alteration registration.
    Article 18th acquisition of collective-owned construction land shall be signed in accordance with these measures of collective construction land use right grant contract, collective land owner to pay land transfer income. Article 19th Homestead farmers legally obtained, along with above-ground buildings, can be transferred to the collective economic organization of farmers eligible for Homestead applications, land use right may not transfer to the collective economic entities and individuals outside the organization.
    Transfer, lease of rural houses or land, no longer approve new homestead. Collective construction land use will be the 20th of collective construction land use right in the form of mortgages as security for a debt, the mortgagor shall entrust a land price assessment aptitude assessment bodies, by the mortgages on both sides of collective construction land use right certificate or other proof of ownership, mortgage contracts and other materials to the land administrative departments of the people's Government of the city and County to apply for registration of mortgage.
    When the debtor fails to fulfil obligations, the mortgagee has the right to dispose of mortgage of collective construction land use right. Due to disposal of the mortgaged property and collective-owned construction land tenure and ownership of buildings and other objects on the ground, should go through the Registrar.
    Mortgage of collective construction land use right of disposition proceeds, the mortgagee has a priority right to be repaid.
    Disappearance of mortgages for debt or for other reasons, should go through the loan registration cancelled.
    21st to encourage consolidation of rural collective land for construction, the original collective construction land into arable land, in implementation of general land use planning and the conversion of agricultural land for construction of land-use plans in priority use of land within the town. Is strictly prohibited without authorization will be collectively-owned farmland and the transfer of unused land to construction land.
    Does need to be collectively owned agricultural land and unused land into land for construction, must go through examination and approval procedures in accordance with laws and regulations. 22nd of collective construction land use right transfer, the transfer shall be made to the land administrative departments of the declared value, and pay the relevant taxes in accordance with law.
    Collective construction land use right transfer of value added, its collection and use of management practices, in accordance with the relevant provisions of the State.
    Article 23rd collective land owner's income should be integrated into the unified management of rural collective property, for use in the collective life of the members of the Organization of social security, placement officers grants development, village collective debt reimbursement shall not be diverted to any other use.
    Land revenue and use of collective economic organizations shall be made to the collective members of public, and accept their supervision.
    24th land administrative departments of local people's Governments at or above the county level shall be responsible for the administration of collective construction land use right transfer in management, supervision and services.
    Construction of agriculture, the people's Governments above the county level, audit, labor and social security, civil affairs, environmental protection and other administrative departments shall, in accordance with their respective functions and to strengthen the rural collective construction land and revenue management with guidance and supervision and inspection. 25th for violations of land-use planning, town planning and town planning, authorization of collective agricultural land and unused land into land use and circulation, in accordance with the relevant laws and regulations of the State.

    26th article violates these rules, the construction units without approval for the construction project environmental impact assessment document or unauthorized construction, the power to approve the environmental impact assessment document of the Administrative Department of environmental protection in accordance with the relevant provisions of the State.
    27th land administrative departments of local people's Governments at or above the county level shall strengthen the supervision and inspection of collective construction land use right transfer, the transfer is not subject to this regulation, or in accordance with the provisions of the land registration, the right to order the correct or redress directly.
    Article 28th of collective-owned construction land for real estate development and residential construction, city and County land administrative departments of people's Governments shall be ordered to correct, refuses to order the return of the land.
    29th article violates these rules, collective-owned construction land transfer shall not be publicly traded, land administration departments at or above the county level shall not be right for the land register or other rights registered.
  30th article this way since January 1, 2007 on a trial basis.