In Qinghai Province, The State-Owned Land-Leasing

Original Language Title: 青海省国有土地使用权租赁办法

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(April 15, 2005, the 32nd Executive meeting of Qinghai province on April 29, 2005, 47th release of Qinghai province as of June 1, 2005) the first to perfect the system of paid use of State-owned land, regulating land leasing Act to promote the rational flow and optimized allocation of State-owned land assets, in accordance with the People's Republic of China land management provisions of the Act and other laws and regulations, combined with the facts of the province, these measures are formulated.
    Second national land leasing in these measures refers to the people's Government above the county level to state-owned land use rights in the lease to the land user within a certain period, the Department of land and resources administration (hereinafter the lessor) and land users (hereinafter the lessee) signed a land lease contract, the lessee activities according to the contract, pay the rent. Article in State-owned land-leasing activities engaged in within the administrative area of the province, these measures shall apply.
    Otherwise provided by laws and regulations, from its provisions.
    The fourth land and resource administration departments at or above the county level shall be responsible for the administration of State-owned land in leasing and regulatory work.
    Article fifth real estate development should be made according to state-owned land use right transfer made, other construction projects on land in accordance with this regulation, obtained through the lease of State-owned land.
    Sixth article State, and enterprises and other organization has following case one of, not handle state-owned land right rental registration of, should replacement registration: (a) using State, and social groups, administrative allocated state-owned land right, engaged in business activities of with to; (ii) using City based facilities and public career, administrative allocated state-owned land right, engaged in business activities of with to; (three) using energy, and traffic, and water, based facilities administrative allocated state-owned land right, engaged in business activities of with to;
    (D) other administrative transfer of State-owned land, engaged in business activities.
    Seventh article State (to, and city), and County land resources administrative competent sector should with city planning, administration sector according to national industry policy, and this area economic social development plans, and land using general planning and annual plans and city planning, developed State-owned land right rental programme, reported by this level Government approved Hou, by State (to, and city), and County land resources administrative competent sector organization implementation.
    Eighth national land leasing must be in accordance with the approval authority and the procedures for construction approval. Nineth lease can use State-owned land bidding, auction and listing or protocol basis.
    Which has tender, bid on the condition of the project and operating land lease, must be in the bidding, auction and listing. Article tenth of State-owned land lease are divided into short-term and long-term leases.
    Short term leasing is generally not more than 5 years, long-term lease shall not exceed the period of similar uses of land. 11th administrative departments shall lease plots of land and resources by location, area, conditions of use, the use of term, enrolment procedures and other matters related to the public through the news media announcements.
    Specific bidding, auction and listing procedures according to the State-owned land bidding, auction and listing procedures. 12th agreement lease of State-owned land, the lessor should lease land lease before the contract is signed on 15th of location, area, conditions of use, rental, lease, etc to society announcements.
    Agreements after the signing of the lease contract in the 15th, the lessor shall lease contract text description and the circumstances, notice, up one level of land and resources administrative departments and administrative supervisory authorities for the record.
    13th leasing land lease rent of the land shall not be less than the minimum standard. Gives standards for leased land by the State (or municipal) and county administrative departments of land and resources in conjunction with the competent departments under the local Datum land price, combined with land use, lease terms, site location and other factors in developing, and reported to the people's Government at the same level.
    Rent minimum standards for approval should be submitted to the land and resources administrative departments at a higher level and pricing departments. 14th article State-owned land rental contract should contains Ming following main content: (a) rental contract party; (ii) rental plots of is located, and four to range and area; (three) rental plots of planning with to nature, and building volume rate and density, the planning requirements; (four) rental of term; (five) rent and the rent of paid way, and paid time and adjustment way; (six) rental plots Shang original of buildings, and structures and other attached real of disposal way and the costs; (seven) rental plots based facilities construction of responsibility
    And (h) the delivery period of the leased land; (IX) project start and completion of the construction of the term, (x) upon termination of the leasing contract of land, buildings, structures and other forms of disposal of fixtures (11) land lease conditions; (12) liability (13) dispute settlement (14) other matters agreed by the parties.
    Land lease contract format text by provincial departments of land and resources administration, in conjunction with the provincial industry and commerce administration departments.
    15th land and resources administrative departments will be charged rent for the land turned over to the financial sector, included in the budget, the implementation of two lines of income and expenditure management, earmarks, and notes they issued by the provincial financial department with.
    16th section lease contract shall be in the land of the lessee in the 30th after the effective date, to lease plots of land where State (or municipal) and County land registration departments of land and resources administration, recipients of State-owned land use right certificate, access to lease land.
    In city planning area, obtained in accordance with these procedures when the State-owned land, the lessee shall, prior to the City Planning Department to apply for planning permission for construction. 17th the lessor shall, in accordance with the terms and conditions of the land lease contract, pay to the lessee the lease of the land.
    The lessee shall in accordance with the amount, duration and mode of the land lease contract, to pay the rent. 18th the lessee lease contract shall be in accordance with the land use, requirements and other conditions, development and utilization of land.
    Lessee's breach of contract, since the date of the lease is not more than one year of development and utilization of land, idle land by the land and resources administrative departments charged fees, two years in a row is not exploitation, land and resources administrative departments shall recover the leased land. 19th on State-owned land within the lease period, the lessee is absolutely necessary to change of land leasing contract of land use or land-use conditions shall be made to the lessor and the urban planning Administration Department in charge of change requests.
    Change of lessor and the Department of City Planning Administration, should sign a new land lease contract or concluding contracts and rent adjustments; does not agree with the change, the lessor and urban planning Administration Department shall notify the lessee in the 10th after the acceptance of the application.
    20th article in State-owned land rental term within, tenant people transfer, and sublet rental land right, or rental land Shang of buildings, and structures and other attached real for mortgage of, must by rental people agreed and meet following conditions: (a) by contract agreed has paid rent; (ii) achieved land rental contract agreed of investment development, and using land of conditions; (three) legal, and regulations provides of other conditions. 21st assign, sublet lease land use rights, buildings, structures and other attachment transfer, sublet.
    On leased land, the buildings, structures and other attachment transfer, sublease, the use of land within the accompanying transfer, sublet.
    Transfer of State-owned land use right of the 22nd article, the original land lease rights and obligations stipulated in the contract transferable; assignee shall, together with the lessee, lease land lease contract signed three transfer agreements. Leasing State-owned land use right transfer, shall be registered in accordance with the provisions of land use change.
    There are above-ground buildings, structures and other fixtures, buildings and structures shall also apply for registration of changes in ownership.
    23rd sublet lease land-use rights, the original land lease leasing does not change the rights and obligations stipulated in the contract, the lessee shall lease sublease of land contracts with third party; his rights to a third person by leasing land to sublet the contract.
    24th leases on State-owned land-sublease and lease land buildings and structures rental period shall not exceed the length of State land lease contract, over State-owned land lease period, the excess is not valid. 25th on leased land, the buildings, structures and other fixtures are mortgaged, the mortgagor shall apply for a registration of mortgage. Mortgage registration in addition to set forth the relevant elements of the mortgage shall also indicate the lease period of the leasehold land and rent to pay.
    The disposition of collateral, shall obtain the assignee of the mortgage should be signed with the lessor of the land lease contract, and go through the land alteration registration procedures.
    26th State land lease term by the consent of the lessor, the lessee may lease land-use rights as cooperate cooperation, joint ventures, associated conditions with others, and go through the land alteration registration procedures.
    27th land legal persons or other organizations shall terminate or merge, separate and assume the rights and obligations of natural persons, legal persons or other organizations to continue to carry out land lease contracts.
    Leasing of natural death, his heir or legatee continued to perform under the land-lease contract.
    28th before the expiry of the land lease contract, the lessor may recover the leasing of State-owned land without authorization.
    Due to the public interest or the need to adjust land use of urban planning, by the original approval of construction land, the lessor can call the leasing of land use rights.
    Call the leasing of land, the lessor shall be resumed 6 months ago, the leased land is located, four to scope of justification, recovery, recovery date is notifies the lessee and shall be published.
    29th call the leasing of land, the lessor should give compensation to the lessee. Call the leasing of land compensation, determined by the lease based on the assessment of price negotiation on both sides.
    Price compensation assessment by a qualified real estate appraisal institutions according to the plan, outstanding rental period as well as the ground buildings, structures and other factors such as the value of the development. 30th State-owned land after the expiry of the lease period, the lessee has priority right to lease in the same condition, the lessee continues to lease the necessary land, shall apply for renewal within 6 months before the expiration.
    Except when public interest requires recovery of leased land, tenant renewal applications should be approved.
    Renewal of approval, the lessee and the lessor should be re-signed the lease contract, lease land-use rights registration and. 31st state land lease period expires, the lessee does not apply for renewal of, or renewal but has not been approved, the lessor should recover the land according to law.
    Back when land lessor to above-ground buildings, structures and other fixtures to grant adequate compensation to, otherwise agreed in the lease contract, their agreement shall prevail. 32nd the lessee requested early termination of the lease contract, the lessor shall be notified 3 months in advance, and liable for breach, the lessor shall take back the land.
    Otherwise agreed in the lease contract, their agreement shall prevail. 33rd lease contract the lessor is not the agreed delivery rental block, the lessee may terminate the lease contract and request compensation for breach.
    Lessee does not or has not paid the rent payments under a contract, the lessor has the right to enjoin the lessee to pay within, and on a daily basis plus late fees of 3 per thousand; within 1 year of the lessee fails to pay the rent, the lessor may terminate the lease contract and request compensation for breach.
    34th article tenant people has following case one of of, County above land resources administrative competent sector should ordered its deadline corrected, can and at 10,000 yuan following of fine; late not corrected of, should recovered land right: (a) late refused to handle land right registration procedures of; (ii) not by rental contract agreed of land uses utilization land of; (three) not by planning requirements utilization land of; (four) violation this approach 20th article provides, transfer, and sublet rental land right of.
    35th under any of the following circumstances, the lessee may apply for administrative reconsideration: (a) objects to call the leasing of land, (ii) an application for renewal is not approved, and (iii) other specific to the land and resources administrative departments administrative acts.
    36th article land resources administrative competent sector staff has following case one of of, by land resources administrative competent sector or monitored organ on directly responsibility personnel and directly is responsible for of competent personnel give administrative sanctions; constitute crime of, law held criminal: (a) beyond permission approved for rental of construction with to of; (ii) should used exceeded, and auction, and tone way rental State-owned land right and intends to avoid, no used tender, and auction, and tone way of;
    (Three) agreement rental State-owned land right not by this approach provides for announcement and record of; (four) rental State-owned land of rent below local Government developed of minimum rent standard of; (five) violation this approach rent charged term of provides, late not charged rent, caused larger loss of; (six) violation this approach provides handle rental State-owned land registration procedures of; (seven) violation this approach provides recovered rental State-owned land right of; (eight) misappropriated State-owned land rental funds of.
    The 37th before the implementation of these measures, in accordance with the relevant provisions of national and provincial land-lease, in accordance with the existing national and provincial regulations.
                                                                                                38th article of the rules take effect on June 1, 2005.