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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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(Act No. 123 of the People's Government Order No. 123 of 13 September 2001 No. 172 of 15 July 2004)

Chapter I General
Article 1 establishes this approach in the light of the provisions of the relevant legislation, regulations and regulations for regulating the solicitation and auction of State land use rights.
Article 2 engages in solicitation, auctions (hereinafter referred to as land tenders, auctions) activities within the administrative region of the province and must be subject to this approach.
Article 3. Land tendering, auction activities should be guided by the principles of public, fair, fair and honest credit.
Article IV above Land Administration authorities are responsible for the organization of land tenders and auction activities in the present administration.
Article 5 Business, tourism, recreation, and business-based real estate development projects should be made available to the State in a manner of solicitation, auctions.
The above-mentioned land administration authorities should prepare land tenders, auctions programmes for approval by the Government of the People with the approval of the authorized authority, in line with the overall land-use planning, socio-economic development plans, urban planning and land-use plans.
Land tendering, auctioning programmes should include announcements, land planning conditions and accompanying maps, ground maps, geodetic maps and national land use rights for the draft contract.
Article 7.
The approach refers to tenderers, competing buyers and to natural, legal and other organizations participating in tendering, auctions.
The approach refers to bidders and competing buyers who have access to land-use rights in accordance with the procedures and conditions set out in this approach.
Article 8. Teners or competing claimants must develop, use land, in accordance with the State's right to land, and not change planning purposes and conditions.
Chapter II
Article 9. Land tenders may be used either by open tendering or by inviting tenders. An open solicitation or invitation to tender shall be decided by the solicitor on the basis of the facts.
Article 10 The solicitor shall prepare the solicitation documents. The solicitation documents should include the solicitation notice or the solicitation invitations, the map of the tendering area, land use conditions, the criteria and methods for evaluating tenders, the solicitation form instrument, the State's land use authority to give the draft contract.
Article 11. The solicitation shall be made public by the solicitor at least 30 days before the deadline for the submission of tender documents, and the solicitation shall be published in the main newspapers or other media in the district (market).
The solicitation notice shall include the following:
(i) The name, address of the solicitor;
(ii) The location, area, duration of use, use, design requirements;
(iii) The scope and conditions of the bidder;
(iv) The bidder shall request the solicitation documents and the relevant information time, place and work expenses;
(v) The manner in which the performance bonds are delivered, time;
(vi) Terms of reference for tendering and submission of tender documents;
(vii) Assessment criteria and methodologies;
(viii) The place of the mark, time;
(ix) The bidder considers other matters requiring a notice.
Article 12 invited the solicitation to issue invitations to tenders to more than three units and individuals with the capacity to develop the tendered plots before at least 30 days before the deadline for submission of tender documents.
The invitation to tender shall include the contents of article 11 (i), (ii), (v), (vi), (vii), (vi) and (vi) of this approach, as well as other matters that the solicitation considers necessary.
Article 13 State-owned land-use tenders should set the floor and must be confidential.
Article 14. The bidder shall organize potential bidders to survey the tender land and interpret the objections made by potential bidders.
The solicitation documents have been sent under the procedure without objection.
Article 15. The bidder shall prepare the solicitation documents in accordance with the requirements of the solicitation documents and, until the deadline for the submission of tender documents, communicate the solicitation documents to the tender location. After the solicitation documents were received by the bidder, the deposit should be retained without opening. The bidder is less than three, and the bidder may reorganize tenders based on this approach.
The solicitor shall reject the solicitation documents that have been sent to the bid documents at the time of submission.
Article 16 amends the solicitation documents issued by the solicitation agent, which shall be subject to a corresponding notice by at least 15 days before the deadline for the submission of tender documents and in writing to all solicitation documents recipients.
The bidder may modify or withdraw the tender documents before the deadline for the submission of tender documents.
Article 17
(i) A collusion of tenders;
(ii) A collusion of tenders with tenderers;
(iii) Bribery to the solicitor or to the members of the evaluation committee;
(iv) In other ways, hypotheses are invoked.
Article 18 shall be open at the same time as the deadline for the submission of tender documents established in the solicitation documents, and the opening of the tender shall be the place to be predetermined for the solicitation documents.
The opening tender was chaired by the solicitor and invited all bidders to participate.
The opening process should be recorded and archived.
Article 19
(i) Examination of the seals of tender documents;
(ii) A tender document;
(iii) The opening of tender documents;
(iv) Review of tender documents and invalidate tender documents incompatible with the provisions.
The following tender documents are invalid:
(i) Submitted after the deadline established in the solicitation documents;
(ii) The solicitation documents do not meet the requirements of the solicitation documents;
(iii) Repetitive tenders;
(iv) Authorize the other party to make tenders, entrusting the document to be incomplete or incompatible with the provision;
(v) The tactics of tender documents are not clear and cannot be identified.
Article 21 Tests are to be established by the bidder. The Commission is composed of representatives of the solicitor and professionals in the areas of land, planning and economy, with more than five members, of which professionals may not be less than two thirds of the total membership.
The list of the members of the evaluation committee must be confidential before the outcome is determined.
Article 2 shall evaluate and compare the tender documents in accordance with the criteria and methodology established in the solicitation documents. Upon completion of the evaluation, the bidder shall submit a written evaluation report to the solicitor and recommend qualified candidates.
The bidder determines the bidder in accordance with the written evaluation report submitted by the Panel and the bidder may authorize the bidder to direct the determination of the bidder.
The State also provides for the provision.
Article 23, as evaluated by the Commission, considers that all tenders are incompatible with the requirements of the solicitation documents and may reject all tenders.
The bidder shall send the notice of the mark to the marker after the determination of the sub-six, and shall inform all bidders of the findings of the mark.
The performance bonds delivered by the moderate marker were offset by a compromise; the bidder should return the performance bonds within 10 days of the end of the solicitation.
Article 25 The marker shall, within 30 days of receipt of the letter of credit, enter into a national land-use contract with the solicitor under the terms of the solicitation documents and pay the award in accordance with the contract.
Sectors such as plans, urban planning should be based on signed State land-use rights contracts, establishing basic construction, planning licences, etc. for middle-markers.
Chapter III
The auctionor shall prepare the auction document. The auction documents should include the publication of the auction, the auction of land maps, land-use conditions, the text of competing purchases, the text of the auction's written confirmation, the State's right to land use for the draft contract.
There is a need for competition buyers to be provided in advance of the auction document, and the auctionor may not limit the participation of competing buyers in competing purchases.
The auctionor shall issue a notice of the auction in the main newspapers or other media before the auction at least 30 days before the auction.
The auction should include the following:
(i) The name and address of the auctionor;
(ii) The location, area, duration of use, use, design requirements;
(iii) The scope and conditions to be met by the competing buyer;
(iv) The location, time;
(v) Time and manner of delivery of the performance bonds;
(vi) Modalities for payment of the price;
(vii) Competent buyers request time, location and work expenses for auction documents and related information;
(viii) The deadline for participation in competitive acquisition applications and applications;
(ix) The auctionor considers other matters requiring notice.
Article 28 should review the conditions of competing buyers, as required by the auction documents, and make registration numbers eligible.
The following application for competitive purchase is null and void:
(i) After the deadline established in the auction documents;
(ii) The conditions for competing buyers are not in accordance with the provisions of the auction documents;
(iii) Authorize an activist application, entrusting the document to be incomplete or incompatible with it;
(iv) Accompanied and unidentified application.
Article 33 The auctionor shall organize competitive purchasers to investigate the land and interpret the competing buyer's objections.
Article 33, the auctionor shall make the necessary amendments to the auction documents issued and shall make a corresponding notice at least 15 days before the end of the competition purchase request and inform all competing buyers in writing.
A competing buyer may withdraw a competition purchase application by the time of competition purchase.
The auctionor shall make the auction at the time and place determined in the auction document.
The auction process should be recorded and archived.
The auction shall be conducted in accordance with the following procedures:
(i) Competent buyers show signs and the moderator is competing buyers;
(ii) The moderator provides information on the location, area, use, length of use, planning requirements, benchmarking and other related matters;
(iii) The moderator declares the lowest incrementality of the price and the value;
(iv) Competent buyers should make bids;
(v) The moderator's announcement of the final price without repayment, which was declared to be a competing owner in the third report of the moderator;
(vi) The auction was signed by the auctionor with the competing owner.
The licensor shall make statements before the auction. The maximum price of the competition buyer was not realized at the bottom price, which should be invalid and the moderator should terminate the auction.
The performance bonds delivered by a competing owner were offset by a credit. Competently, the auctionor shall return the performance bonds within 10 days of the closure of the auction.
Article 33 fierce shall, within 30 days of the date of the signing of the confirmation of the auction, enter into a contract with the auctionor in accordance with the terms of the auction document and pay the award in accordance with the contract.
Sectors such as plans, urban planning should be based on the signed State land-use rights contract and establish procedures such as basic construction, planning licences for competitionrs.
Chapter IV Legal responsibility
Article 33, subparagraphs of sub-machers or competing claimants have not signed a national land-use right with tenderers or auctioners, which removes them or competing qualifications, and the performance bonds delivered are not returned.
Article 337, a moderate or a competing owner, who has not paid an award under a contract agreement, may remove the contract, recover land-use rights and may claim compensation in accordance with the law; and the need for removal of new buildings, constructions and other consignments on the ground, the removal of the deadline for the removal of the period of time, the late removal of the removal of the land administration authority and the non-receivable receipt of the State.
The bidder or the auctionor did not deliver the land in accordance with a contract agreement and should return the credit, the moderate or competitive owner could lift the contract and may request compensation in accordance with the law.
Article 338 tenderers or competing buyers are charged by means such as false breaks, collusion prices, bribes, etc., with intermediate or competitive void, with a fine of up to 30 square meters per square kilometre of land administration.
Article 39: Land tenders, auctions of staff members who perform negligence, abuse of authority, provocative fraud, are governed by law by their units or the relevant departments; and criminal liability is held by law.
Chapter V
Article 40 provides that a State's land may be carried out in the light of this approach through tendering and auctioning.
Article 40