Hainan Special Economic Zone On Land Exchange Entitlements Flow From Withdrawing The Provisional Measures

Original Language Title: 海南经济特区换地权益书流转与收回暂行办法

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(January 6, 2006, Hainan Province, the people's Government of the 81st General session on January 26, 2006, Hainan Provincial people's Government, the 199th promulgated as of March 1, 2006) first in order to regulate the circulation of land exchange entitlements and recoveries, according to the Hainan special economic zone on management of land exchange entitlements, these measures are formulated.
    Article II of the special economic zone the issuance, transfer and recovery of land exchange entitlements and procedures apply.
    Third article this special economic zone meet issued for to interests book conditions of land interests people, since this approach released of day up 30th within, should to land where City, and County, and autonomous Government written proposed issued for to interests book of application, in accordance with Hainan special economic zone for to interests book management approach 16th article of provides determine land price assessment results Hou, by land where City, and County, and autonomous Government in 20 a days within issued for to interests book. Land owner does not submit an application in accordance with the provisions of the preceding paragraph, land of the city or County, autonomous county people's Governments shall inform the beneficiaries apply in the 30th who fails does not apply for land of the city or County, autonomous county people's Government can be commissioned directly land price assessment, issuance of land exchange entitlements to beneficiaries, resumption of land use right according to law, and make an announcement.
    Land price appraisal costs borne by the land owner.
    Article fourth issued by the holders of land exchange entitlements in land exchange entitlements of cities, counties, autonomous counties when the State-owned land, in accordance with this approach, to value land exchange entitlements set forth the rights of equal installments of State-owned land use right transfer fee to the Government.
    Article fifth transfer of land exchange entitlements, pledge, shall issue of land exchange entitlements to cities, counties, autonomous counties or pledge land administrative departments to apply for registration.
    Sixth applying for land exchange entitlements flow change or the registration of a pledge, you should submit the following materials: (a) the application, (ii) transfer, pledge contracts, or other valid legal documents; (c) the land exchange entitlements and (iv) transfer, encumber the legal status of the parties.
    Seventh municipalities, counties, autonomous counties land administrative departments in receipt of land exchange entitlements flow changes or within 15 working days from the date of application for registration of a pledge shall be cancellation of the original land exchange entitlements, awarded to after change of beneficiaries issued by the Government of land exchange entitlements or indicate on the pledge of land exchange entitlements pledge.
    Article eighth city, counties, autonomous counties land administrative departments to apply for the transfer of entitlements changes or within 15 working days from the date of the registration of a pledge, you should change the transfer or pledge of land administrative departments of the province. Nineth overall circulation of land exchange entitlements can, or you can split flow.
    Issued by the land exchange entitlements after the partition of land exchange entitlements recorded value and shall be equal to the original land exchange entitlements recorded value.
    Tenth Article land right by let people by let city, and County, and autonomous Government to for to interests book recovered of land, can to for to interests book paid land transfer gold of 70%, to currency paid land transfer gold of 30%; by let city, and County, and autonomous Government transfer of added construction with to, in to currency form paid land transfer gold in the for land levy (recovered) of costs Hou, remaining of land transfer gold can to for to interests book paid 70%, to currency paid 30%.
    11th article city, and County, and autonomous Government in transfer State-owned land right Shi, on land right by let people in accordance with this approach tenth article provides to this city, and County, and autonomous Government issued of for to interests book paid land transfer gold of, shall not rejected; for to for to interests book records of value matching paid land transfer gold Hou, for to interests book remaining of value, should separately issued corresponding of for to interests book.
    12th recover land exchange entitlements by municipalities and land administrative departments of people's Governments of counties, autonomous counties for cancellation of registration, review by the land administrative departments of the provincial government, the provincial government approved, by the city, the people's Governments of counties, autonomous counties destroyed not later than 10 working days.
    13th article city, and County, and autonomous Government and land administrative competent sector violation this approach has following case one of of, by superior administrative organ ordered deadline corrected; late not corrected of, on competent head and directly responsibility personnel give administrative sanctions: (a) not by provides of time and program issued for to interests book or handle circulation change, and pledge registration procedures of; (ii) not by provides of time and program will circulation change or pledge situation reported province land administrative competent sector record of;
    (C) refusal to land the assignee in accordance with these measures the proportion of land exchange entitlements to pay land transfer or on land exchange entitlements paid land transfer value remaining after the denial of the corresponding value of the land exchange entitlements; (d) according to the provisions of the time limits and procedures for destruction of recovered land exchange entitlements.
    Article 14th land seen cities and counties, autonomous counties of land administrative departments of people's Governments and their specific administrative act, violations of their legitimate rights and interests, may apply for administrative reconsideration, or directly to the Court of administrative proceedings.
    15th the specific problems in the application of these measures by the provincial land administration Department is responsible for the interpretation.
                                                                                                              16th these measures shall come into force on March 1, 2006.