In Shandong Province, The State-Owned Land-Use Rights Auction Practices (As Amended In 2004)

Original Language Title: 山东省国有土地使用权招标拍卖办法(2004年修正本)

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(September 13, 2001 123th number of Shandong Province issued according to 172th amendment of July 15, 2004, Shandong province) Chapter I General provisions article for the right to use State-owned land bidding, auction, in accordance with the relevant provisions of laws and regulations, combined with the facts of the province, these measures are formulated.
    Article engaged in selling state-owned land within the administrative area of the province tenders and auctions (hereinafter land bidding, auction) activities, you must comply with these measures.
    Article III land bidding, auction should follow openness, fairness, impartiality and good faith principles.
    Fourth District (City) land within the Administrative Department responsible for the administration of land above bidding, auctions of implementation.
    Article of Commerce, tourism, entertainment, commercial real estate development projects, tenders, auctions of State-owned land use right.
    Sixth District (City) land administrative departments shall, together with the above plan, financial, construction, urban planning and other departments, according to socio-economic development plans, land-use planning, urban planning and land-use planning land bidding, auction, have the right of approval for approval before implementation.
    Programme should include land bidding, auction announcements, site planning requirements and drawings, plots location maps, land surveying and bound and members of the State-owned land use right grant contract and so on.
    Article seventh tenderer and the auctioneer in these measures refers to the County (City) land administrative departments of the people's Governments above.
    This referred to the bidder, the bidder, refers to the invitation of tenders and auctions of natural persons, legal persons and other organizations.
    The winning bidder, competitive people in these measures, refers to the regulations procedures and conditions for obtaining the land of bidders, bidders.
    Article eighth bid or bid must follow a State-owned land use right transfer contract for the development and utilization of land, without changing the land use planning and criteria. Chapter II bid tendering the Nineth adopts the public tender or invitation to tender.
    Adopts the public tender or invitation to tender, according to decision by the tenderer. Tenth Tenderer shall prepare the tender documents.
    Tender documents shall include a tender announcement or invitation for bids, bidding site maps, land-use conditions, bidding, bid evaluation criteria and methods format instrument, a draft contract of State-owned land use right transfer and so on.
    11th open tender, the Tenderer shall, prior to the deadline for submission of bid documents at least 30th, in counties (cities) or more major newspapers or other media publishing tenders. Tender announcement should including following content: (a) tender people name, and address; (ii) land of location, and area, and using term, and uses, and planning design requirements; (three) bid people of range and should has of conditions; (four) bid people obtained tender file and the related information of time, and locations and the cost fee; (five) performance margin of delivered way, and time; (six) bid locations and submitted bid file as time; (seven) assessment standard standard and method; (eight) opening locations, and time; (nine) tender people think
    Other things to notice.
    12th of invitation to tender, the Tenderer shall, prior to the submission of the tender deadline 30th at least, capable of tendering land development to more than 3 units or individual invitation to tender.
    Invitations to bid should be included this way 11th section (I), (ii), (v), (vi), (VII), (VIII) the content and other matters set out the tenderer may consider necessary.
    13th State land tender shall set the bidding, bidding must be kept confidential.
    14th potential bidders to tender Tenderer shall organize land and appeal to potential bidders explained.
    Tender documents served upon according to the procedure, as no objections. 15th a bidder shall, in accordance with the tender documents for the preparation of bid documents, and submission of the tender prior to the deadline, the tender documents the place. After receiving the bid documents of the Tenderer shall sign to save may not be opened.
    Bidders with less than 3, the tenderer can reorganize the tenders according to these measures.
    Delivered after the deadline for submission of the tender documents, tender documents, tender shall be rejected.
    16th a tenderer has issued changes to the tender documents should be at least 15th before the deadline for submission of the tender documents appropriate notice and notified in writing to all tender documents the recipient.
    Bidders can submit a tender prior to the deadline to modify or withdraw the bid documents.
    17th a bidder shall not commit the following acts: (a) collusion bidding; (b) collusive tendering with the tenderer, and (iii) bribe to tender or bid evaluation Committee members and (iv) fraud in other ways to defraud bid.
    18th bids shall be established by the tender documents open at the same time of the deadline for submission of the tender, tender tender documents should be predetermined locations.
    Opening hosted by the tenderer, and all bidders shall be invited to attend.
    Bid opening process should be documented and archived for future reference.
    19th bid opening shall be carried out according to the following procedures: (a) check the sealing of tender documents; (b) count the tender document, (iii) open tender documents; (d) to review the bidding documents, does not meet the requirements of the tender documents declared null and void.
    20th following the tender document is not valid: (a) submitted after the deadline of the tender documents identified, (ii) the tender documents do not meet the requirements of the tender documents, and (iii) duplicate bids; (d) delegate proxy bidding, Commission files are incomplete or do not meet the requirements; (e) the tender documents illegible, indecipherable. 21st tender form by the tenderer's bid Committee.
    Evaluation Committee composed of representatives of the tenderer and the land, planning, economic and other aspects of professional membership, for 5 or more people in the singular, in which professionals concerned shall not be less than the total number of members of the two-thirds.
    List of the members of the bid Assessment Committee in bid before the results are determined to be confidential. 22nd the bid Committee shall be determined in accordance with tender documents evaluation standards and methods, the tender documents are reviewed and compared.
    Evaluation Committee upon completion of the bid should be written evaluation report to the tenderer and recommend qualified candidates to the winning bidder.
    Tender according to the bid Committee and a written evaluation report and recommendation of the winning bidder the winning bidder is determined; the tenderer may also authorize the bid Assessment Committee to directly determine the winning bidder.
    Otherwise provided for by the State, from its provisions.
    23rd the bid Committee review, consider all the bid does not meet the requirements of the tender documents, it may reject all bids.
    Article 24th after the winning bidder is determined, the Tenderer shall be sent to the winning bidder the winning bidder notices, and all bidders shall be informed of the winning results.
    Winning bidder to deliver performance bonds credit leasing; lost the bid, the tenderer should be refunded since bid closing date 10th performance bond.
    25th winning bidder shall, from the date of receipt of the notification in the 30th, in accordance with the provisions of the tender documents state-owned land use right transfer contract with the tenderer, and according to the contract, pay transfer fees.
    Planning, urban planning and other departments should be based on the State-owned land use right transfer contract signed, as the winning bidder for the infrastructure project, such as planning permission procedures. 26th chapter auction auctioneer auction files shall be compiled.
    Auction site map files should include the announcement of auction, auction, land-use conditions, an application for bidding, auction text confirmation text draft, State-owned land use right grant contract and so on.
    Bidders have certain conditions are necessary, it should be stated in advance in the auction document is not set out in advance, the auctioneer shall not limit bidders to participate in the bidding.
    27th auction shall at least 30th prior to the auction at the County (City) or more major newspapers or other media published auction announcements. Auction announcement should including following content: (a) auction people of name, and address; (ii) land of location, and area, and using term, and uses, and planning design requirements; (three) bid people of range and should has of conditions; (four) auction of locations, and time; (five) performance margin of delivered time, and way; (six) payment sold price of way; (seven) bid people obtained auction file and the related information of time, and locations and the cost fee; (eight) participate in bid of application method and application of as time; (nine
    ) Other matters considered necessary announcements the auctioneer.
    28th auctioned shall, in accordance with the auction document requirements, to bid on the review of the conditions of the applicant, registration number and meet the requirements.
    29th bid on the application of the following is not valid: (a) the auction documents received after the deadline, (ii) bidding provisions of the applicant does not meet the conditions of auction documents; (c) the commissions the Agency commissioned files are incomplete or do not meet the requirements; (d) bid application illegible, indecipherable.
    30th auctioneer bid applicants should be organized around land auctions and bid on the objections put forward by the applicant are explained.
    31st auctioneer auctions file to make the necessary changes that have been made, should at least 15th before the bidding deadline accordingly notice and notified in writing to all applicants for the bidding.
    Bid on the applicant can withdraw application for bidding before the bidding deadline.
    32nd auction auctioneer shall file to determine the time and place of auction.
    Auction process should be documented and archived for future reference. Article 33rd auction should be carried out according to the following procedures: (a) the bidder shows signs, the host count bidders; (b) introduced the auction block location, size, purpose, duration of use, planning requirements, benchmark land price and other related matters;

    (Three) host announced starting at and should price of increments minimum range; (four) bid people lift brand should price; (five) host continuous twice announced last should price and no again should price of, host in third times reported out last should price of while fell hammer, announced the should price who for competing have people; (six) auction people and competing have people signed auction sold confirmed book. Auctioneer to auction land reserve, the facilitator should be declared prior to auction.
    The highest bidder fails to reach the reserve price, the price is not valid, the presiding hearer shall terminate the auction. Article 34th bid delivered by the performance bonds credit transfer.
    Bid fails, the auctioneer shall refund the money from the date the auction ends 10th performance bond.
    35th people should sign a confirmation of sale date of 30th, according to auction documents of State-owned land use right transfer contract with the auctioneer, and according to the contract, pay transfer fees.
    Planning, urban planning and other departments should be based on the State-owned land use right transfer contract signed, for people for the infrastructure project, such as planning permission procedures.
    Fourth chapter legal liability article 36th the winning bidder or the person is not in accordance with the regulations signed with the tenderer or the auction house of State-owned land use right grant contract, cancelled its bid or bid qualifications, the performance bonds delivered will not be refunded.
    37th bid or bid failed to get payments under a contract, the land administrative departments may terminate the contract and land tenure, and may request compensation according to law; the floor of new buildings, structures and other fixtures need to be removed, shall be ordered to dismantle, fails to remove, all free State.
    Tenderer is not in accordance with the contract or the auction house land, shall return the lease price, the winning bidder or the bid may terminate the contract, and may request compensation according to law.
    38th a bidder or bidders for complicity in fraud, price, bribery, defrauding the bid or bid, bid or the bid invalid, by County (City) land administration departments at or above 30 yuan per square meter of a fine.
    39th land bidding, auction of dereliction of duty, abuse of power, favoritism, and by their work units or departments shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Fifth chapter by-laws 40th let by way of State-owned land through public bidding and auction, you can refer to these measures.
                                                                                          41st these measures shall come into force on October 1, 2001.

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