Administrative Measures On Land Market In Hunan Province

Original Language Title: 湖南省土地市场管理办法

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(December 31, 2004 Hunan Province Government 48th times Executive Conference considered through January 20, 2005 Hunan Province Government makes 195th, announced since March 1, 2005 up purposes) first chapter General first article to established unified, and open, and competition, and ordered of land market, specification land right trading behavior, according to People's Republic of China land management method, and People's Republic of China City real estate management method, legal, and regulations provides, combined this province actual, developed this approach.
    Article of State-owned land within the administrative area of the province supplies, trade, land reserve and its management and other activities, these measures shall apply.
    The third Administrative Department of land and resources of the people's Governments above the county level shall be responsible for the land market management and supervision.
    People's Governments above the county-level urban planning, real estate, financial, pricing, business administration, development and reform, monitoring the sector in accordance with their respective responsibilities, to make land market management related work.
    Fourth people's Governments above the county level shall strengthen land-use planning, program management, and strictly control the total supply of building land, insist on the centralized supply of land for construction, building land land reserve system and publicly traded.
    Administrative Department of land and resources of the people's Governments above the county level shall set up the supply of land information systems, supply conditions and the result announcement system, the land register information query system.
    Chapter serving fifth city divided into districts, autonomous prefectures, counties (cities) people's Government departments of land and resources administration, should in conjunction with the development and reform, urban planning and other departments on a regular basis to prepare for planned by the people's Governments at the corresponding level review, reported to people's Governments at a higher level for approval to the public in a timely manner.
    Sixth land supply should be by land, leasing, pricing, investment or share paid to use, but laws, administrative regulations, transfer by way of exception. Article seventh land, commercial, tourism, entertainment and housing for business purposes, such as, bidding, auction or listing transferred should be used.
    Other uses, the same land with only one intention, assignment of the agreement can be used; more than two of the same intention, tender, auction or listing transferred should be used.
    Eighth land leasing, in addition to national and provincial provisions of Protocol Protocol can be used for conditions other than leasing, tender, auction or listing ways should be adopted to rentals. Nineth land and resources administrative departments should strengthen supervision and inspection of supply.
    City divided into districts, autonomous prefectures, counties (cities) people's Government departments of land and resources administration, shall, within 3 months after the results reported to the competent administrative departments of land and resources at a higher level for the record.
    Tenth chapter land transactions of land transactions, should follow the principle of openness, fairness, impartiality and good faith.
    11th article following land right trading, should in County (City) above Government specified of land trading places public for: (a) land right of transfer; (ii) land using who application change land uses or application to transfer land right, need according to market price fill paid land right transfer gold of; (three) allocated land right separate or together with ground buildings, and attached real of transfer; (four) State-owned enterprise institutions or State-owned holding Enterprise land right of transfer;
    (E) for realizing the mortgage right and land use right or together with above-ground buildings, settlement and transfer of ownership of; (vi) Court judgments or orders relating to land use or in conjunction with above-ground buildings, settlement and transfer of ownership of; (VII) laws and regulations in land-use rights trading venues open for other land-use rights trading.
    Transfer of land with buildings, settlement and transfer and change of land use, does not need to pay land leasing, not land exchanges are publicly traded.
    Land deal involving State-owned enterprises or State-owned assets transfer of State-owned holding companies, State-owned assets supervision and Administration Department shall, in accordance with the relevant provisions to strengthen supervision.
    Article 12th land-publicly traded, by the relevant competent administrative departments of land and resources for programme and programme for the establishment of specific cases of bidding or auction, the tone instruments, by the departments of city planning law for land planning and approval procedures. Land trading agencies should tender, auction, the tone of the former 20th in land exchanges and local media announcements.
    Announcements include land properties, defects description, planning conditions, with eligibility qualifications, terms and procedures. Article 13th tender land are publicly traded, the tender side 5 or more singular in the bid evaluation team should be set up.
    Host specified by the tender side of the bid team, other members of bids within the first 24 hours by the facilitator randomly determined from the bidding and expert database.
    Land auction and listing ways publicly traded should be established by the Ministry of land and resources, urban planning, monitoring, finance, pricing, auction and listing Committee composed of representatives, by an auction and listing party host.
    Land bidding, auction and listing the specific operating rules, by provincial departments of land and resources administration in accordance with relevant regulations of the State developed and published.
    14th article land right public trading Shi, has following case one of of, by land trading institutions timely announced suspended trading: (a) land using by according to of objective situation occurred major changes, does effect public interests of; (ii) occurred force majeure event of; (three) judicial, and monitored organ for handle case does need suspended trading of; (four) law should suspended trading of other case.
    After the Elimination of the circumstances prescribed in the preceding paragraph, institutions should resume trading of land transactions and notify the parties in writing, trading deadline be extended.
    15th under any of the following circumstances, without approval or not in compliance with the statutory requirements, not transaction: (a) changes in land use, (ii) change the nature of the land, (iii) transfer of allocated land-use right and (iv) transfer of land use rights for the first time; (e) other circumstances that may not be trading laws, regulations.
    16th section land after the transaction is completed, land shall, within the prescribed period, the land use contract, certificate of confirmation of land transactions and other legal materials, to the relevant administrative departments of land and resources in accordance with the law of the land register, receive certificates of State-owned land.
    Land transactions have been through the integration of land use and land-use planning and approval procedures, transactions without change of land use and planning to determine conditions, not for land and land-use planning and approval procedures.
    17th article has following case one of of, County (City) above government land resources administrative competent sector shall not handle land registration procedures: (a) law should implemented land right public trading and not implemented of; (ii) land right public trading not by statutory program for of; (three) land right transfer gold or other premium paragraph not paid clear of; (four) legal, and regulations provides trading invalid of other case. Article 18th trading institutions to provide land-trading services, based on the transaction service fee of the transaction service.
    The specific standards, in accordance with the standards approved by the provincial price administration authorities. The fourth chapter land management article 19th city divided into districts, autonomous prefectures, counties (cities) people's Governments shall regularly determine land, announced hearings and establish base land price updates, System.
    Determine and on updating the Datum land price should be reported to people's Governments at the Ministry of land and resources administrative departments for approval.
    The city divided into districts, autonomous prefectures, counties (cities) people's Governments shall establish calibration of standard land price system and published on a regular basis.
    Article 20th Administrative Department of land and resources of the people's Governments above the county level should establish and improve the land price dynamic monitoring information system to strengthen supervision of the trading premium, assess premium.
    Area of abnormal fluctuation of land, people's Governments at a higher level as needed, adjust land supply policy, the exercise of the preemptive right, limited land and other administrative measures. Article 21st transfer of land sold for prices lower than the calibration land 20% above, city divided into districts, autonomous prefectures, counties (cities) people's Government may exercise the right of pre-emption according to law.
    Transfer of land below market prices, and County (City) more than people's Governments shall exercise the right of first refusal. 22nd land by bidding, auction and listing, the relevant people's Government shall, in accordance with bargaining power of assessment, request for quotation, collective decision-making procedures, sets a floor price, the starting price.
    Floor in front of the transaction confirmation shall not leak, does not meet the reserve price shall not be sold.
    23rd provincial land and resources Administrative Department and other relevant departments shall, together with the price based on land use, land type, level, and other factors, development of an agreement to sell the lowest standards, submitted to the provincial people's Government announced. Agreement to sell land-use rights, and relevant government departments of land and resources administration intends to sell plots of land prices should be an organizational assessment, after a collective decision to determine an agreement to sell price.
    Agreement to sell the reserve price must be at least an agreement to sell the lowest standards.
    Article 24th leasing of land, related government departments of land and resources administration, should be based on factors such as land use, land type, level, develop rent standard, published reported to the people's Governments at the corresponding level for approval and reported to government administrative departments of land and resources at a higher level for the record. 25th pricing, investment, or a stake in land supply, related government departments of land and resources administration, should the block land price assessment, confirmed by the collective decision of State shares and State-owned legal person shares stake amount. State shares and may appoint a qualified unit of State-owned stock holding, the proceeds over to the financial.

    Article 26th land leasing, rent paid use of land must be paid in full, such as financial, not relief, misappropriates or privately.
    Fifth chapter 27th reserve of land the County (City)-above people's Government departments of land and resources administration, shall, together with the development and reform, urban planning and other departments at preparation of the land bank plan, reported to the people's Governments at the corresponding level for approval implementation, and government administrative departments of land and resources at a higher level for the record.
    Land reserves, by County (City)-above people's Government departments of land and resources administration of land reserve institution is responsible.
    Counties (cities) people's Government above the financial, land and resources administrative departments should strengthen the land banking investment finance, cost accounting and financial supervision and management.
    Sources of the 28th reserve lands include: (a) to acquire, purchase, replacement land, (ii) uncertain land ownership of the land, and (iii) land use defined in the General Plan of urban construction land within, shall be collected for the implementation of urban planning and land and (iv) other reserve land according to law.
    29th new land reserve and reserve lands shall not exceed a period of 2 years; indeed need an extension, by the people's Governments at the corresponding level agreed upon approval at a higher level. Sixth chapter legal responsibility 30th article has following case one of of, by Shang level Government or its land resources administrative competent sector ordered deadline corrected, again law handle about procedures; on about responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) violation this approach seventh article, and eighth article provides, should used tender, and auction, and tone way transfer, and rental land right and used agreement way of; (ii) violation this approach 11th article provides, Land right trading should in land trading places public for and not in land trading places public for of; (three) violation this approach 22nd article provides, determine transfer upset or starting price, leak transfer upset or not reached transfer upset sold of; (four) violation this approach 23rd article provides, agreement transfer upset below agreement transfer minimum price standard transfer land right of; (five) violation this approach 26th article provides, relief, and misappropriated or privately land right transfer gold, and
    Paid use of land rent, income.
    31st State organs and land transactions, reserve staff in the land market management agency of dereliction of duty, abuse of authority or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Seventh chapter supplementary articles article 32nd circulation of collective construction land use right according to law with reference to these measures.
          33rd article this way as of March 1, 2005.