Changchun City, The State-Owned Land-Use Rights Agreement To Sell Options

Original Language Title: 长春市国有土地使用权协议出让办法

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(June 2, 2005, Changchun Municipal People's Government at the 40th Executive meeting on June 27, 2005 in Changchun people's Government promulgated as of August 1, 2005, 14th) the first to standardize the transfer of State-owned land-use rights agreement, optimize the allocation of land resources, strengthen the management of State-owned land assets, in accordance with the People's Republic of China land management law, the People's Republic of China on urban real estate administration law, the agreement to sell State land use regulations and other laws and regulations,
    The relevant provisions of regulations, combined with the city's actual, these measures are formulated.
    Article transfer of State-owned land-use rights agreement in these measures refers to municipal and County (City) people will be by agreement of State-owned land assigned to the land users in a certain number of years, from land users to city and County (City) Government to pay land leasing Act.
    Article III the agreement to sell State-owned land within the administrative area of the city, these measures shall apply.
    The fourth State-owned land-use rights agreement to sell, should follow the principle of openness, fairness, impartiality and good faith.
    Fifth of municipal land administration Department, responsible for State-owned land in the urban area of the city agreement transferring activities of organization, implementation.
    The County (City) Department of land administration, responsible for the administration of State-owned land use right transfer activities of the Organization, the implementation of the agreement.
    City development and reform, construction, planning, supervision of State-owned assets, finance, premises, supervision and other departments, shall, in accordance with their respective responsibilities, to assist in the transfer of State-owned land-use rights agreement related work.
    The sixth city, County (City) land administrative departments shall, jointly with the departments of city planning in accordance with economic and social development plan, the State industrial policy, land use planning, land-use planning, urban planning and land market, State-owned land use rights transfer plans, reported to people's Governments at the same level for approval organization. After approval, the State-owned land use right transfer plan shall be designated places such as the tangible land market, or through media such as newspapers, radio, television, the Internet, to the public.
    Content should be included in the annual land supply, use, size, location, and time.
    Due to special reasons, you need to adjust the State-owned land use rights transfer plans, should be submitted to the original approval authority, and in accordance with the provisions of the preceding paragraph to the public in a timely manner.
    The seventh State-owned land use right transfer, except in accordance with the provisions of the laws, regulations and rules, which should take tender, auction or listing ways, agreement can be taken.
    Eighth article in announced of State-owned land right transfer plans in the, has following case one of of, State-owned land right can law take agreement way transfer: (a) non-business sex with to; (ii) allocated land not change uses, original land right people application transfer of; (three) real estate transfer involved allocated state-owned land right transfer of; (four) legal, and regulations and regulations provides other should to agreement way transfer of.
    The Nineth under any of the following circumstances, State-owned land use right may not transfer by agreement: (a) the intention to have two or more of the same block of land, (ii) judicial and administrative organs in accordance with the determination, seized or otherwise restrict the rights of property, (iii) whose ownership is in dispute.
    Article tenth of State-owned land-use rights agreement to sell the applicant shall submit the following information: (a) the application form, (ii) legal persons or other organizations copies of business license or code card and; (c) a natural person, legal representative, agent ID card and a copy of it. 11th article except by tenth article provides should submitted of information outside, has following case one of of also should submitted following information: (a) allocated land right application transfer of, should submitted state-owned land using card and planning sector determine of planning design conditions; (ii) new project with to, applicants should submitted planning sector of construction with to planning license, and planning plane location figure, and development and reform sector of approved file; (three) for State-owned land right transfer and replacement transfer procedures of,
    Should be submitted to the State-owned land-use permits, house ownership, State-owned land use right transfer contract and conditions determined by the Planning Department planning and design.
    12th agreement to sell State-owned land use right of the procedure: (a) the application and acceptance, (ii) the scene reconnaissance; (c) triage determines that for the programme and the transfer amount and (iv) of the State-owned land use right grant contract signed (v) notice. 13th land units or individuals, according to the transferring plan to the municipal or County (City) land Administrative Department in charge of land application and submit the relevant materials, application materials are incomplete or not in compliance with the statutory form, the city and County (City) land administration authorities shall inform correction or inform the applicant of the need in the 5th in its entirety. The assignment of the land-use law not covered by the agreement of the applicant, city and County (City) Department of land administration shall immediately inform the applicant will not be accepted. The applicant is not the jurisdiction of the Department of land administration, municipal and County (City) land administration authorities shall immediately make a decision inadmissible, and inform the applicant to apply to the land administrative departments having jurisdiction.
    City, County (City) land administrative departments shall immediately review the land units and individuals to submit application materials, materials complete, in compliance with the statutory form to be admissible, stamped to entertain Special seal and settles in the 20th.
    14th of municipal and County (City) has been accepted by the Department of land administration units and individuals to conduct reconnaissance, survey land is located, ownership, size, neighborhood, boundary and land status. 15th of municipal or County (City) land collective audit agreement to sell land-use rights by the Administrative Department of the purpose, size, age and leasing, leasing approved by the assessment of the land.
    Assessment of land below the minimum price of State-owned land use right transfer, approved at the lowest price. 16th city, County (City) land administrative departments for programme signed with the land use rights to the assignee of the State-owned land use right grant contract.
    A new project, issuing the certificate of approval of construction land. 17th of municipal and County (City) Land Administration Department of the State-owned land use right grant contract is signed within 7th day, designated places, such as the assignment of the agreement results in the tangible land market, or through newspapers, radio and television, the Internet and other media to the public, subject to public supervision.
    Announced an agreement to sell the results of time shall not be less than the 15th.
    18th land users in accordance with the agreement of the State-owned land use right grant contract, paid the land transfer, according to the land registration procedures, access to state-owned land.
    19th land use must be in accordance with the agreement of the State-owned land use right grant contract to pay land leasing; not in accordance with the contract, city and County (City) land administrative departments have the right to terminate the contract, and may request the default compensation. 20th article to agreement transfer way made State-owned land right of, need will land right transfer contract agreed of land uses change for commercial, and tourism, and entertainment and commodity residential, business sex uses of, should made transfer people and city, and County (City) Government city planning sector of agreed, signed land right transfer contract change agreement or again signed land right transfer contract, by change Hou of land uses, to change Shi of land market fill make corresponding of land right transfer gold,
    And go through the land alteration registration procedures. 21st article violation this provides, has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) not according to provides announced State-owned land right transfer plans or agreement transfer results of; (ii) determine transfer upset Shi without collective decision of; (three) leaked transfer upset of; (four) below agreement transfer minimum price transfer State-owned land right of; (five) relief State-owned land right transfer gold of; (six) should used tender, and Auction or listing agreement to sell State-owned land.
    Violation of the provisions of the preceding paragraph, if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
          22nd article this way come into force on August 1, 2005.

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