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Huainan City, Ways To Manage State-Owned Land-Use Rights Trading

Original Language Title: 淮南市国有土地使用权交易管理办法

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(Prelease No. 93 of the Decree No. 93 of 20 October 2003)

Article 1 regulates State-owned land-use transactions in order to strengthen the management of State land assets, in accordance with laws, regulations, such as the People's Republic of China Land Management Act, the Town State Land Use Rights Transfer and the Transfer of Temporary Regulations.
Article 2 deals with the State's right to land (hereinafter referred to as the right to land) within the scope of the city's administration.
Land-use transactions include land-use concessions, transfers, rentals and mortgages.
Article 3 sectors such as plans, construction, planning, land, property, finance and administrative inspection should be managed in accordance with their respective responsibilities.
Article IV. Land-use transactions should be guided by the principles of openness, equity, impartiality and genuine credit, and no unit or individual may intervene unlawfully.
Article 5 Territorial Transaction Agencies (hereinafter referred to as the trading body) are responsible for local market demand surveys, providing land demand forecasts, collecting, collating, storing, reporting, issuing information on land transactions, providing facilities and services for land-use solicitation, auctions and flag transactions.
Article 6.
Article 7.
(i) Land-use transaction procedures;
(ii) Commitments for land-use transaction services;
(iii) Financial management systems;
(iv) Staff codes;
(v) Oversight of misconduct by staff.
Article 8. The following land-use transactions, including split transfer, shall be made publicly by the trading body:
(i) The right to land use for all types of operating land, such as commercial, tourist, recreational and commodity homes;
(ii) Access to land-use rights by means of agreement, and requests for change to be used for business purposes, to be renewed;
(iii) The acquisition of land-use rights in a way that allows them to enter into a contract for the first transfer of land-use rights after the crediting price;
(iv) Defer the transfer of land-use rights for the purpose of borrowing or transferring the market value of the agreement;
(v) Transfer of land-use rights for the realization of mortgage rights;
(vi) Transfer of land-use rights by the People's Court, the law enforcement organs, decisions and decisions;
(vii) The Government shall rent land-use rights.
Article 8 of this approach stipulates that open land-use transactions shall be carried out, such as tendering, auctions, wallcharts.
There shall be no solicitation, auction, wallching transaction conditions, and in accordance with the relevant provisions of the State and the province, and an agreement may be taken with the approval of the municipal, district and territorial governments. The use of an agreement approach to land must be based on a local price assessment, which should be made public to the community on the basis of a collective review of the price of the agreement.
Article 10 deals with tenders, auctions or walls, which shall be issued by the press and local property trading agencies by 20 times of solicitation, auction or wall name.
Article 11
(i) The name and address of the owner;
(ii) The location, status, area, use of annual limits, nature, planning design requirements;
(iii) The tenderer, the eligibility requirements of the competing buyer and the application for tendering and competitive buyers;
(iv) The time, location and manner of the request for the auction of tenders;
(v) To solicitation, auctions, time and place of the wall, tenders, wallcharts, tenders and competitive tenders;
(vi) Identify criteria and methods for the identification of the markers and the competitionee;
(vii) tenders, competition guarantees;
(viii) Other matters requiring a notice.
Article 12 The solicitation, the auction shall be conducted in accordance with the provisions of the relevant laws, regulations. The floor or bottom price should be determined in an integrated manner by the commissioner, based on the results of the local price assessment and the Government's industrial policy.
Article 13
(i) Accompanied buyer completed the offer;
(ii) Upon confirmation of the quotation, the updating of the walled prices;
(iii) Continue to accept new offers;
(iv) To identify competing claimants at the deadline set out in the wall sheets.
Article XIV may not be less than 10 working days, and the increase may be adjusted for competitive buyers within the time of the wall.
Article 15
(i) Only one competing buyer's bid within the period of the wall, with higher prices than the floor, and in accordance with other conditions, to determine the place of delivery;
(ii) Two or more competing buyers for the duration of the wall plate were competing; the same bid was presented to bidders, with the exception of those who were less expensive;
(iii) There shall be no price within the period of the wall or the competitive buyer's bid is lower than the floor or incompatible with other conditions to determine that the wall is not delivered.
Article 16 determines in the form of tendering, auctions or wall sheets that the parties to the transaction shall sign a letter of confirmation.
Article 17 shall enter into a land-use transaction contract with the original land-use owner, in accordance with the time agreed upon in the letter of confirmation.
Article 18 entrusts the transaction body with open transactions and shall enter into the commissioning contract.
The award contracts generally include provisions such as commissioning, time frame, notice period, commissioning costs.
The trading body should prepare a model text for the award of the contract.
Article 19 Laws, regulations should be traded by the Government or by the relevant authorities, and prior to the transaction shall be approved by the Government or the relevant sector.
The Government or the relevant sector shall, when approving the transaction, approve the amount of the sub-prime price and the amount of the subprime. In addition to the provisions of the municipal government, the trading agency shall, at the outset, deduct the price of the transaction from the time of the surrender, the payment of the subprime price and other royalties to be paid by law, and the timely payment of financial exclusives.
Article 20 After the transfer of land-use rights through transactions, the parties shall apply for the registration of land-use rights by means of a written confirmation, a land-use transfer contract or a land-use transfer contract.
Article 21 deals with land-use transactions involving changes in local buildings, constructions and attaching material rights, in accordance with the relevant laws, regulations, regulations and regulations.
Article 22 states that land registration is not carried out and that the successful outcome is null and void; that the loss should be borne by the intermediary and the owner in accordance with the law; and that the right to self-exploitation of land use is prosecuted by law.
(i) The right to land use that should be made public transactions is not open;
(ii) The right to land use that should be publicly traded shall not be subject to an open transaction in accordance with the provisions of this approach;
(iii) The bidder, the competing buyers provide false documents to conceal the facts;
(iv) Subsidiaries, rivals, or competitions in illegal instruments such as bribery, malicious collation.
Article 23, Staff of the transaction body, who play a role in negligence, abuse of authority, disclosure, favouring private fraud, is governed by the law; constitutes an offence punishable by law; and causes the loss of the parties to be liable under the law.
Article 24