Key Benefits:
(Summit No. 32 of 15 April 2005 of the Government of the Blue Sea considered the adoption of Decree No. 47 of 29 April 2005 by the People's Government Order No. 47 of the Blue Sea province, effective 1 June 2005) Article 1 regulates land leases, promotes reasonable movement and optimization of State land assets, in accordance with the provisions of laws, regulations and regulations such as the People's Republic of China Land Management Act, and develops this approach in the light of the actual practice of the province. Article 2, State land leases referred to in this approach, refer to activities to be paid by the lessee in accordance with the contract by the territorial resource administration authorities (hereinafter referred to as the lessor) in connection with the land-use lease contract with the owner (hereinafter referred to as the tenant). Article 3 engages in State land lease activities within the territorial administration and applies this approach. The law, legislation and regulations provide otherwise, from their provisions. Article IV is responsible for national land leases and supervision management within the current administration. Article 5, in addition to the right to national land use in a way that is to be used in the context of the development of real estates, other construction projects can obtain national land-use rights through lease. Article 6 State organs, entrepreneurship units and other organizations have one of the following cases, and no registration of national land-use leases should be completed: (i) The use of State ownership of land use, such as national authorities, social groups, and the use of land for business activities; (ii) The use of national land use rights, such as urban infrastructure and public goods, and the use of land for business activities; (iii) The use of infrastructure administrations such as energy, transport and water for the transfer of State land-use rights and the use of operational activities; (iv) Use other administrations for the transfer of State land-use rights to operate areas. Article 7 states (territory, city), the territorial resource administration authorities of the county should be organized by the State (land, city) and the territorial resource administration authorities in accordance with the national industrial policy, the economic and social development plans of the region, the overall land-use planning and annual plans and urban planning. Article 8. National land leases must be established in accordance with the authorization authority and procedures. Article 9. State land leases may be carried out using tenders, auctions, walls or agreements. The lease of the project with tenders, competitive purchases and operating spaces must be used for tendering, auctions, wallcharts. Article 10. State land lease is divided into short-term rental and long-term leases. Short-term leases are generally not more than five years, and long-term leases should not exceed the maximum length of the same type of purpose. Article 11. The authorities of the Land Resources Administration should inform the society through the media of matters relating to the location, area, conditions of use, duration of use and posting. Specific solicitation, auctions, wallching procedures are governed by the State's land-use right to solicitation, auctions, wallcharts. Article 12. The lease of the State's land-use rights shall be communicated to the society by the lessor on 15 days prior to the lease contract, the place of the leased land, the terms of use, the rent and the manner of the lease. Within 15 days of the signing of the agreement on the lease contract, the lessor shall submit a statement on the text, notice and related circumstances of the lease contract to the top-level administrative authorities and administrative inspection bodies. Article 13. Rental of land shall not be lower than the minimum standards for the rental of land. The most salient criteria for the rental of land are established by the State (territorial, municipal), the District Land Resources Administration and the price authorities, in accordance with local baselines, with the approval of the Government of the same people, in the light of the local properties, the duration of the lease, the territorial area. Upon approval of the minimum standards for rents, the top-level administrative authorities and price authorities should be reported. Article 14. National land lease contracts shall contain the following main elements: (i) The parties to the lease contract; (ii) The location, range and area of the leased area; (iii) Planning requirements for the planning of leased plots, the size of buildings and density; (iv) The duration of the lease; (v) Modalities for rental and rental payments, time payments and adjustments; (vi) Modalities and costs for the disposal of original buildings, constructions and other items attached to the leased area; (vii) Responsibilities for building infrastructure in the leased area; (viii) Period of delivery of leased plots; (ix) The start-up and completion period for project construction; (x) In the event of the termination of the land lease contract, the manner in which buildings, constructions and other items are attached; (xi) Removal conditions for land rental contracts; (xii) Liability for default; (xiii) Dispute settlement; (xiv) Other matters agreed by the parties. The text of the land lease contract form is prepared by the Provincial Territorial Resources Administration with the provincial and commercial administration. Article 15. The authorities of the Land Resources Administration shall pay the charged land rent to the same level of finance, incorporate the fiscal budget, implement income and expenditure line management, make specific payments and use of royalties issued by the provincial financial sector. Article 16 The lessee shall, within 30 days of the entry into force of the land lease contract, conduct land registration to the State of the leased area (land, city), the territorial resource administration authorities of the district, receive a national land-use certificate and obtain the right to lease land. In urban planning areas, when a State land-use right is granted under this approach, the lessee shall apply, in accordance with the law, to the urban planning sector for the construction of a land-based planning licence. Article 17 The renter shall pay the rented land to the lessee in accordance with the time and conditions agreed upon by the land lease contract. The lessee shall pay the rent to the lessee in accordance with the amount, duration and manner agreed upon in the land lease contract. Article 18 shall develop land use in accordance with the purposes, requirements and other conditions agreed upon in the land lease contract. In violation of the lease contract agreement, over one year from the date of the lease, no land has been developed, charged by the territorial resource administrative authorities for landless land tenure and unused for two consecutive years, the territorial resource administration authorities should recover the lease. Article 19, within the period of national land leases, the lessee has identified the need to change the land use agreed upon in the land lease contract or land-use conditions, and requests for change should be made to the rental and urban planning administrative authorities. The renter and the urban planning administrative authorities agree to change and should re-establish the land lease contract or enter into supplementary contracts and adjust the rent accordingly; do not agree that the renter and the urban planning authorities should inform the lessee in writing within 10 days of receipt of the application. Article 20, within the period of national land leases, the transfer of tenants, the transfer of land leases, or the lease of buildings, constructions and other items attached to the land, must be agreed by the lessor and in accordance with the following conditions: (i) The payment of rents by contract agreement; (ii) The conditions for the development and use of land for investments agreed upon in the land lease contract; (iii) Other conditions under the law, regulations. Article 21 Transfers, leases of land use rights and transfers and leases of buildings, constructions and other consignments. The lease of buildings, constructions and other consignments and leases on land leases is then transferred and transferred. Article 22 Transfers of State rental land tenure obligations resulting from the transfer of rights under the original land lease contract agreement; the transferee shall enter into a land lease contract agreement with the lessor and the lessor. After the transfer of State rental land use rights, registration should be made in accordance with the provisions for land-use change. Lands, constructions and other approximates should be accompanied by the registration of changes in the power of buildings, constructions. Article 23, Rental of land-use leases, the right of the leased parties to the original land lease contract, the lessee shall enter into a lease contract with third parties; and the third-party right is agreed upon by the lease contract. Article 24 limits for the rental of State land tenure and rental of buildings, construction of property rentals shall not exceed the length of the State's agreement on a land lease contract, exceeding the length of the State's land lease and in part invalid. Article 25 Rental of buildings, constructions and other collateral mortgages on land shall be registered. The registration of mortgages, in addition to the elements relating to the mortgage, should also indicate the duration of the lease and the return of the rented land. After the disposition of mortgages, the transferee of mortgages under the law shall enter into a land lease contract with the lessor and process a registration process for land-use change. Article 26, with the consent of the lessee within the period of national land leases, the lessee may use the right to lease land as a cooperation, the conditions of the battalion to cooperate with others, to organize registration procedures for land-use change. Article 27 Legal persons or other organizations that have rented the land are terminated by law or are merged, divided by natural persons, legal persons or other organizations that have assumed their rights obligations to continue to perform land lease contracts. Natural persons who have rented land have died and their successors or survivors continue to perform land lease contracts. Article 28 expires on the duration of the land lease contract, the lessor shall not have the authority to recover the leased State land. As a result of public interest or the implementation of urban planning needs to be adapted to land use, the renter may recover the right to rent land in advance, with the approval of the Government of the people that had previously approved the construction of the land. In advance, the right to lease should be recovered and the renter shall notify the lessee of the place of the lease, the four to the scope, the reasons for the recovery and the date of the recovery. Article 29 was recovered in advance of the right to leased land and the lessor should compensate the lessee. The amount of compensation for rental land use rights was recovered in advance and was determined by the leaser in consultation with the assessment price. The cost of the compensation assessment is determined by the corresponding qualified real estate assessment body based on planning purposes, the unmet cost of the lease and the value of local buildings, constructions and other approximates. After the expiry of the period of State land lease, the lessee has a priority over the same conditions and the lessee needs to continue to rent the land and shall apply for the extension period within six months prior to the expiration of the period. In addition to the need for the recovery of the right to land use in accordance with the public interest of society, the application for the extension of the tenant should be approved. Upon approval of the extension period, the lessee shall re-establish the lease contract with the lessor and proceed with the registration of the right to lease. Article 31 expires on State land leases, the lessee shall recover the right to land in accordance with the law, without applying for the duration of the period of renewal or, although it is not approved. In reclaiming land-use rights, the lessor shall receive appropriate compensation for the buildings, constructions and other consignments on the ground, and the lease contract otherwise agreed. Article 32 requires that the lessee suspend the lease contract in advance, three months should be communicated to the lessee and the responsibility for default and the lessor should recover the right to land. The lease contract was agreed otherwise, from its agreement. Article 33 does not deliver leases as agreed by the lease contract, and the lessee may lift the lease contract and request compensation for default. The lessee has not paid under a contract agreement or has not paid rents, and the lessee has the right to hold the payment of the renter's term and to receive a three-1000 lapse at the date of payment; the lessee may lift the lease contract without pay for one year; and to request the compensation for default. Article 34 quarantor is one of the following cases, and the administrative authorities of the Territory's resources at the district level should be responsible for the change of their duration and the fine of up to 1 million yen; and the right to land should be recovered: (i) The late denial of the process of registration of land-use rights; (ii) Development of land use for land not agreed under the lease contract; (iii) Development of land use as planning requirements; (iv) In violation of article 20 of this approach, the right to transfer and rent land use. Article 33 is one of the following cases where the lessee may apply for administrative review by law: (i) There were objections to the early recovery of the right to lease; (ii) The extension application was not approved; (iii) Other specific administrative actions taken by the Land Resources Administration. Article XVI provides for the administrative disposition of persons directly responsible and directly responsible by the authorities of the Land Resources Administration, in one of the following cases: (i) Exclusive authorization of construction sites for leases; (ii) The use of supermarks, auctions, wallchmarks to rent State land use rights should be avoided without tendering, auctions, wallcharts; (iii) An agreement on the lease of State land use rights does not provide for a notice and a request; (iv) Rental of State land is lower than the minimum rental standards established by the local people's Government; (v) In violation of the provision for the period of time charged for the rental of the scheme, the delay in the collection of rents resulting in higher losses; (vi) In violation of the provisions of this approach to procedures for the registration of leased State land; (vii) Removal of the right to land use by the State in violation of this approach; (viii) Removal of national land rental funds. Prior to the operation of article 37, the land leases imposed in accordance with the relevant provisions of the State and the province remain in accordance with the original provisions of the State and the province. Article 38 of this approach is implemented effective 1 June 2005. |
