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Administrative Measures Of Guangdong Province, Collective Construction Land Use Right Transfer

Original Language Title: 广东省集体建设用地使用权流转管理办法

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(The 66th ordinary meeting of the People's Government of the Province of Chiang Mai, held on 17 May 2005, considered the adoption of Decree No. 100 of 23 June 2005 No. 100 of the People's Government Order No. 100 of 23 June 2005 for publication, effective 1 October 2005)

Chapter I General
Article 1 promotes economic sustainable development in order to strengthen the management of collective land, to rationalize land use, to regulate collective land-use swing market order and to promote economic and sustainable development, in line with the State's decision to deepen the reform of strict land management.
Article II applies to collective capital transfers, rents, transfers, leases and mortgages.
Article 3. Access to collective land for farmers should be in line with national industrial policies and local land-use master planning, urban planning or villages, and town planning. In relation to the conversion of farmland to building land, the land-use land-use land-use land-use change indicators should be implemented.
Article IV states that, in one of the following cases, the right to use collective land shall not be diverted:
(i) Be incompatible with overall land use planning, urban planning or village planning;
(ii) The right to land is disputed;
(iii) The judiciary and the executive organs shall determine, decide the envelope or otherwise limit land rights in accordance with the law;
(iv) The right of the villagers to use their homes.
Excluding transfers, rents and mortgages on residential land due to transfers, rentals and mortgages. The villagers may not apply for new homes after selling and renting homes.
Article 5 is not used for commodity real estate development and residential construction by means of collective construction, transfer and rent.
Article 6. When collective land-use transfers, rents and mortgages are used, their local buildings and other consignments are transferred, rented and collateral; the collective building of buildings and other consignments, rents and mortgages in the area of collective land use.
Article 7 provides for collective capitalization, rents and mortgages, subject to the consent of the villagers meeting more than 2/3 members of the Collective Economic Organization or more than 2/3 villagers.
The communes (communes) are operated and managed by the collective economic organization of the town, without the collective economic organization of the town, and operated by the commune government.
The following Article 8 construction projects can use collective building areas:
Welcomes the various types of business and business enterprises, including State-owned, collective, private enterprises, individual businesses, foreign-investment enterprises (including medium-sized joint ventures, cross-border cooperation, foreign-source enterprises, “three-one” enterprises), corporate enterprises, etc.);
(a) To carry out public facilities and public goods;
Rural villagers are being constructed.
Article 9 requires the State to collect or make use of collective land in accordance with the law, and the collective landowner and collective building of land users should be subject to compliance.
Article 10. Land-users shall use land for use in accordance with the construction of land by the city, the territorial Government.
Changes in land use should be made with the consent of all landowners and land, planning administrative authorities, and approval by the municipality of which land has been approved.
Article 11
In accordance with their respective responsibilities, the executive authorities, such as agriculture, audit, labour security and civil affairs, should strengthen the guidance and oversight of the management of the benefits of farmers collectively moving through collective capital flows.
Chapter II
Article 12 Build the right to use in a collective manner means that farmers' collective landowners will have a certain year of collective land-building right to make use of land-uses with land users, and that land-users pay to farmers collective landowners. In partnership with others, joint ventures, etc., with the collective building of the right to make use of the right to use.
Collectively, the use of rents means that the owner of the collective land or the collective building of the use of the occupants as a renter and that the collective construction of land leases will be used by the lessee and that the rent is paid by the lessor to the lessee.
Article 13 provides for the use of concessions and rentals on a collective basis and shall enter into written contracts.
Collectively, the maximum time limit for the use of concessions and rentals should not be limited to the maximum length of land use of the same-use State.
Article 14. Collectively constructed landowners and land users shall be entitled to certificates of ownership, rent or buy-in (funded) contracts (including written submissions from their villagers' consent to be transferred) and, in accordance with the provisions, apply for land registration and receipt of the relevant certificates to the municipal, district and local land administration authorities. The land administration authorities of the urban, district and territorial Government shall be governed by law.
Article 15. Collectively constructed land-use transfer and rent for business-related projects such as commerce, tourism, recreation, should be carried out in the light of procedures and approaches for public transactions involving national land-use rights, including through tendering, auctions, wallcharts.
Article 16 provides for the collective construction of land tenure, the duration of the land-use period agreed upon by the rental contract, and the right to land is not reimbursed by the collective landowners of the farmers and is attached to the agreement to use concessions and rental contracts in accordance with collective construction.
Land-users require continued use of land, and in consultation with farmers' collective landowners prior to the end of the land tenure period, collective landowners agree to continue to use and re-establish the registration process for collective land-use registration as required by this approach.
Chapter III Transfer of rights through collective construction
Article 17 builds on the transfer of rights on a collective basis, which means that farmers collectively build the use of their rights to redeploy their use collectively. Collectively, the use of leases means that the lessee will relocate the use of the right to collective construction.
Article 18
Collectively, the use of transfer of rights has led to the transfer of rights, rights and obligations of the former lender, and the transferee should continue to perform the original rental contract.
Collectively, the use of transfer of rights and the transfer of leases is limited to the length of time available for land use, less the remaining years after the time limit has been used.
Article 19 Collectively builds the transfer of rights and transfers of leases, and the parties should have collective land-use certificates and related contracts to apply for land registration and receipt of the relevant certificates of authority by the municipal and district authorities. The land administration authorities of the urban, district and territorial Government shall be governed by law.
Chapter IV
Article 20 provides for collective capital-use mortgages, which means that collective capital use is not diverted from the possession of collective building land and that the collective building is used as a security right.
Article 21, Collectively built-in mortgages should enter into written contracts and be registered by the authorities of the land administration of the city, the people of the counties.
The farmers' collective landowners mortgage the right to use their land collectively, and in applying for mortgage registration, written material agreed upon by the villagers' conference more than 2/3 members of this collective economic organization or over 2/3.
Article 22 establishes the use of rights in collective construction as mortgages, when the debtor does not meet its obligations, the collateral has the right to use the right to collective bargaining in accordance with the law.
The acquisition of collective land-use and ground-based buildings and other approximate ownership due to the disposition of mortgage property should be registered by the household.
Article 23 disposes of the proceeds of collective capital use and the mortgage-holders have priority.
Article 24 eliminates mortgage rights for debt satisfaction or for other reasons, and shall be subject to write-off registration.
Chapter V
Article 25 Land gains made by collective landowners and renting collective land tenure rights should be integrated into the management of collective property in rural areas. More than 50 per cent of these should be placed in the exclusive bank ( Rural Credit Union) for social security arrangements for members of this collective economic organization without being diverted. Specific implementation measures are developed by the provincial labour security sector in conjunction with provincial agriculture, civil affairs, finance and health sectors, followed by the approval of the provincial people's Government.
Article 26 Collectively builds the right to make, transfer and rent, and shall declare prices to the land administration authorities and pay taxes in accordance with the law. Collectively, the use of the transfer of rights has been added value, and the value added of the land should be paid to the urban, district and local governments, taking into account the criteria imposed by the State's land value tax. The land value-added collection and use management approach was developed by the Provincial Finance Department with the Provincial Land Resources, Prices Units, followed by the approval of the Government.
Article 27 states that the Land Administration authorities of the Municipal and District Government shall develop baselines for collective land-use use in this administrative region and be made public upon approval by the municipal and district governments.
Chapter VI Legal responsibility
Article twenty-eight builds on land, and the land administration authorities of the city, the veterans of the communes should be accountable; farmers' collective landowners have a direct responsibility for the land that is left unused, and until land is changed, the municipal, district land administration authorities suspend the process of approval of their new collective building land.
Article 29 provides for the development of commodity real estate projects and the construction of residential buildings through the transfer, transfer and rental of collective land by units and individuals, and municipal and district land administration authorities should be responsible for correcting and denying the return of land.
Article 33, in violation of article 15 of this approach, collective land-use rights are not subject to an open transaction, and more land administration authorities at the district level may not register their property changes or register their rights.
Chapter VII
Article 31 provides for the form of a contract for the collective construction of a transfer of rights, developed by the province's land resources sector.
Article 32