Liaoning Province, The State-Owned Land Bidding, Auction Options

Original Language Title: 辽宁省国有土地使用权招标拍卖挂牌出让办法

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(April 22, 2004, Liaoning Provincial people's Government at the 33rd Executive meeting on April 29, 2004, 168th promulgated by the people's Government of Liaoning province as of June 1, 2004) first in order to standardize the State-owned land use right transfer behavior, optimize the allocation of land resources, promoting clean government, 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 People's Republic of China town interim regulations on State-owned land use right transfer and transfer of
    Provisions of laws and regulations, combined with the province, these measures are formulated. Article within the administrative area of the province through bidding, auction and listing State-owned land-use rights, application of this approach.
    Otherwise provided by laws and regulations, from its provisions.
    Article III assignment of the right to use State-owned land bidding, auction and listing, should follow the principle of openness, fairness, impartiality and good faith.
    Article fourth of State-owned land bidding, auction and listing sold, it shall exercise total control.
    Cities and counties (including County-level cities and districts, the same below) land administration authorities (hereinafter transferor) shall, according to the national economic and social development plan, the national industrial policy, land use planning, land use and land-use situation, annual granting program of State-owned land-use rights, reported to the Government at the same level for approval, before the end of January each year to the public.
    Article in business, tourism, entertainment and housing and other kinds of business purposes, bidding, auction and listing transferred must be taken.
    Other than those provided for in the preceding paragraph, after publication of the annual granting program of State-owned land, land for more than two of the same intention, bidding, auction and listing transferred shall be taken.
    Sixth the transferor shall, together with the urban planning and other relevant departments under the State-owned land annual granting program to develop annual transfer programme for State-owned land, Governments at the same level for approval.
    Transfer programmes should include the assignment of the bidding, auction and listing sites use, age, transfer, and other conditions, and so on.
    Article seventh assignment of the assignor should be based on land, assignment of the right to use State-owned land bidding, auction and listing files.
    Transfer document should include a transfer notice, bids or bidding instructions, maps, land use conditions, an application for tender or bid, quote, confirmation and contract texts.
    Article eighth the transferor should be bidding, auction and listing start date 20th, where the tangible land market, above, and the news media published on State-owned land use right transfer notice.
    People make changes to state-owned land use right transferring announcement shall be in the 10th before bidding, auction and listing start date to add announcements.
    Nineth article State-owned land right tender, and auction, and tone transfer announcement, should including following content: (a) transfer people of name and address; (ii) transfer cases to of location, and status, and area, and using term, and uses and about planning design requirements; (three) bid people or bid people of qualification; (four) obtained transfer file of time, and locations and the way; (five) implementation tender, and auction, and tone of time, and locations, and term and way; (six) determine bid people or competing have people of standard and method;
    (VII) a tender or bid bond amount; (h) other matters need to be announced.
    Tenth the transferor should be assessed according to the land prices and the Government's industrial policy, determine the assignment of the right to use State-owned land bidding, auction and listing of bid or reserve price.
    People determine the bidding, auction and listing price, the starting price, reserve price, bid, bid bond, should be collective decisions.
    Bidding, auction and listing price, assignment activities before the end of the bidding, auction and listing should be kept confidential. 11th one bidder, bidder qualification should be.
    To meet the conditions specified in a notice of transfer shall notify their participation in the bidding, auction and listing activities, and the bidder, bidder inquiries intended to facilitate the situation of land.
    12th meet the conditions specified in a notice of transfer of bidders, bidders shall be tender, the bidding application deadline will deposit the amount in accordance with the transferor transferor designated bank.
    13th a bidder, bidder shall submit the following materials to the transferor immediately before the application deadline: (a) copy of business license, certificate, original and copy of ID card of the legal representative; (b) the application for proposals or bids; (c) the bank credit or other forms of security.
    Commissions the tender, bidders shall provide a power of Attorney, agent ID card and a copy of the original. 14th a bidder, bidder of objections to the granting of the status quo, should be submitted before the bid, bid.
    Bidders will bid documents into standard containers or the bidders to participate in bidding price, as no objections.
    15th under any of the following circumstances, tender or bidding application is invalid: (a) in excess of the prescribed due date, (ii) files are incomplete or illegible illegible; (c) the bidder, the bidder does not have the required qualifications. 16th bids, tenders, in accordance with the following procedures: (a) bidders before bid closing date of tender documents into the subject box. After the tender documents into the subject box may not be withdrawn, (ii) the transferor in accordance with the tender notice provided for time and place bids. Bidders with less than 3, the transferor shall, in accordance with the provisions of the tender, and (iii) organizing bid the bid Committee. Evaluation Committee by the representative of the transferor, and in accordance with law experts, Member for 5 or more singular and (iv) the assignor according to the evaluation results, determine the winning bidder.
    Winning bidder should be able to meet the evaluation criteria set out in the tender documents, or to meet the substantive requirements of the tender documents, and the bid price the highest bidder. 17th article auction transfer according to following program for: (a) host points is bid people; (ii) host introduced auction cases to of basic situation and other about matters; (three) host announced up called price and increased price rules and increased price range; (four) host reported out up called price; (five) bid people lift brand should price or quotes; (six) host confirmed the should price Hou continues to bidding; (seven) host continuous 3 times announced same should price and no again should price of, host fell hammer said auction sold; (eight) host announced most
    High price for the acquired person.
    The bidder is less than 3 or any of the highest bid does not meet the price, shall terminate the auction.
    18th listing sold in accordance with the following procedures: (a) the transferor listing, (ii) eligible bidders to fill out quote quote; (c) the transferee confirm the offer, update the display tone; (d) the transferor continues to accept the new offer, (v) people listed on the listing bulletin deadline determined people. 19th tone of time shall not be less than 10 working days.
    During the listing period, the transferor can be adjusted according to the bidders bid and price ranges.
    20th article tone term expires, should according to following provides determine sold or not sold: (a) in tone term within only a bid people quotes, and quotes not below upset, and meet other provides conditions of, tone sold; (ii) in tone term within has two a or two a above bid people quotes of, bid highest who for competing have people; quotes same of, first submitted quotes single of for competing have people, but quotes below upset who except;
    (C) during the term of the tone without price or bidder's bid is below the reserve price, or does not comply with other conditions, the tone or no deal.
    In listing deadline still has two or more bidders request a quote, the assignor shall organize on-site auction of tone of a bidder last listing price bid for the site of the first offer, the highest bidder for the people.
    Article 21st transferor through bidding, auction and listing after the winning bidder is determined, competitive person, shall enter into the purchase confirmation.
    Confirmation should include the transferor and the winning bidder or person's name, address, transfer, closing time, place, price, and signing of the State-owned land use right grant contract of the time, place, and so on.
    After signing the letter of confirmation, the assignor changes result, abandon the bid or the winning bidder, competitive person, acquired respectively, shall bear civil liability.
    22nd winning bidder, shall, in accordance with the State-owned land use rights confirmation set time, State-owned land use right transfer contract with the transferor, and in accordance with the State-owned land use right transfer contract paid in full after the State-owned land use right transfer, land registration applications made by law, recipients of State-owned land use right certificate.
    23rd winning bidder, competitive people paid bids, bidding deposit can be retained as State-owned land use right transfer fee; unsuccessful or unfinished state-owned land use right of the bidder, bidder to pay margin, the transferor should be bidding, auction and listing one-time refund within 5 working days after the activity is over. 24th the transferor shall be released to state-owned land bidding, auction and listing results of transfer.
    Publish the results of transfer shall not charge a fee.
    25th winning bidder, bid provided false documents to conceal facts or take bribes, collusion and other illegal means to obtain bid or bid, bid, bid results invalid; causes losses to the transferor, bidder or bidders, shall bear the compensation liability constitutes a crime, criminal responsibility shall be investigated according to law. 26th article land administrative competent sector of staff has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) should to tender, and auction, and tone way transfer State-owned land right and used agreement way transfer of; (ii) violation this approach provides program transfer State-owned land right of; (three) leaked bid or leaked other should confidential of situation or information of;

    (D) accept the bidder, the bidder a bribe (v) corruption, embezzlement, interception, misappropriation of State-owned land use right transfer fee; (vi) any other acts of abuse, malpractice, negligence.
    27th article this approach following terms of meaning: (a) State-owned land right tender transfer, is pointed out that let people released tender announcement, invited specific or not specific of citizens, and corporate and other organization participate in State-owned land right bid, according to bid results determine land using who of behavior; (ii) State-owned land right auction transfer, is pointed out that let people released auction announcement, by bid people in specified time, and locations for public bidding, according to bid results determine land using who of behavior;
    (C) transfer of listed State-owned land, is the one that get published listing bulletin, in accordance with the notice provisions of the term is intended to transfer land trading conditions in the specified land exchanges in Yangshuo, accept the bidder's quotation application and update the listing price, according to the listed deadline bid to determine land-use Act. 28th article of the rules take effect on June 1, 2004.
                  Released on July 9, 1992, the purposes of the town, Liaoning province, the State-owned land and transfer of implementation measures at the same time abolish.