Auction, Hubei Province, Measures Concerning The Management Of State-Owned Land Use Right

Original Language Title: 湖北省招标拍卖挂牌出让国有土地使用权管理办法

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(September 1, 2003 order No. 255 of Hubei Province announced) first to standardize the transfer of State land bidding, auction and listing, optimize the allocation of land resources, strengthen the management of State-owned land use right transfer of payments, in accordance with national laws, regulations and related provisions, combined with the facts of the province, the formulation of the approach.
    Article within the administrative area of the province through bidding, auction and listing State-owned land-use rights, application of this approach.
    Article III the following shall be invited to tender auction listing State-owned land use rights: (a) commercial, residential and other types of travel, entertainment and merchandise for business purposes; (b) except as provided in the preceding paragraph with more than two of the same intention.
    Fourth bidding auction of State-owned land use right shall follow the principle of openness, fairness, impartiality and good faith.
    Selling state-owned land use right is absolutely necessary to invite tenders, should be approved by the people's Governments above the County. Article fifth provincial land administrative departments in charge of the province's State-owned land-use rights auction bidding activities supervised.
    City and County land administrative departments in charge of the land bidding, auction activity in the area of organization and implementation.
    Above the county level, the competent financial administrative departments are responsible for bidding, auction of State-owned land income collection and use management.
    Governments above County departments concerned in accordance with their respective responsibilities, to assist in the area of State-owned land bidding, auction activity related work.
    Article sixth of State-owned land bidding, auction activity should be carried out systematically.
    City, County, Department of land administration under the approved land use plan, annual plan of land use, urban planning and land market conditions, in conjunction with the relevant departments of State-owned land bidding, auction program, reported to the people's Government at the same level.
    Approved by the city, County, Department of land administration under the land transfer programme, assignment of the right to use State-owned land bidding, auction and listing budget, audits by the financial departments, and reported to the people's Governments at the corresponding level for approval, orders execution.
    Proposed transfer of land must be right legally, the boundary clear, accurate area, procedures in place, and should press for approval approval of the Government.
    Article seventh bidding, auction and listing approval of the grant programme, the assignor (city, County, Department of land administration, the same below) should be the 20th day before the announcement of the bidding auction listing day and to tender or bid on the applicant to provide the relevant information. Tender, auction notices and related files need to be changed, to clarify or withdrawn, the transferor shall tender document 15th the deadline for the submission of bid documents, auction and listing start date 15th notice on the announcement in the media.
    Tender notices or any applicant can decide whether or not to change, modify or rescind the application. Eighth article tender, and auction, and tone announcement should including following content: (a) transfer people of name, and address; (ii) transfer cases to of location, and status, and area, and uses, and volume rate, and using years, and planning design requirements; (three) bid people, and bid people of qualification requirements and the application made bid, and bid qualification of approach; (four) bid or bid people obtained tender auction tone transfer file of time, and locations and the should paid of cost fee; (five) bid auction tone of time, and locations and application bid, and
    Deadline for submission of bids as well as bids, opening time, place, and (vi) criteria for determining the winning bidder, competitive people and methods; (VII) delivery bid or bid price and bid, bid bond amount; (h) other matters need to be announced.
    Assignment of the bidding, auction and listing file should include tendering or bidding instructions, maps, land use conditions, an application for tender or bid, quote, transactions determine text books, State-owned land use right transfer contract. Nineth tender or bid on the applicant before the bidding, auction, to the site survey to understand the situation, cast doubt on it.
    Transferor should facilitate.
    Tender or bid the applicant shall comply with the bidding, auction rules, not fraud or collusion with the prices.
    Tenth transferor shall tender or bid on the qualification of the applicant, to meet the required conditions, it shall notify its participation in the tender and auction activities. 11th bid auction of State-owned land use right shall determine the bidding or auction and listing price. Bid or reserve price should be by a qualified land assessment body in accordance with the relevant provisions of the price assessment, by the transferor under the assessment and policy determined by the Government.
    Listed price shall not be lower than on a national basis an agreement to sell State-owned land the lowest standards.
    Bid or the reserve price in the tender and auction activities should be kept confidential before the end, participate in the bidding, auction staff may not disclose the base price or reserve price. 12th State-owned land-use rights auction bidding activities should be chaired by the host.
    Host must pass the exam and achieve national reunification issued by State-owned land-use rights auction host credentials.
    Depending on your needs, more than the transferor may be entrusted by the provincial land administrative departments approved the tender agent institution enterprise implementation of bid, auction and auction activities.
    13th the winning bidder and the bid is determined, the assignor shall sign deal with the winning bidder, competitive people identify books.
    Transaction determined shall include the transferor and the winning bidder, acquired a person's name, address, transfer, closing time, contract, price as well as the conclusion of the State-owned land use right grant contract of the time, place, and so on.
    Volume was determined against the transferor and the winning bidder, competitive people having contractual effect.
    14th state-owned land bidding, auction after the event, the assignor shall be announced to the public in the 10th, and land administration departments at the corresponding level for the record.
    15th a winning bidder, competitors shall be determined according to the contract agreed upon time and place, the State-owned land use right transfer contract with the transferor.
    Winning bidder, bid pay bids, bid bond shall be retained as State-owned land use right transfer fee, paid in a timely manner at the Treasury; other bidders, bidders paid bids, bid bond, transferor must tender auction of State-owned land use right after the 5th be refunded, without interest.
    16th section land administrative departments at and above the County auction listing of State-owned land use right tax income, shall be paid in full in the competent financial administrative departments at the same level of "State-owned land use right transfer income account" (hereinafter referred to as the financial account).
    Article 17th tender auction of State-owned land income, after deduction of selling costs and other expenses, the proceeds should be earmarked for urban infrastructure construction, land development and arrangement and the establishment of State-owned land reserves.
    18th state-owned land use right transfer of the costs and other expenditures, prepared by the financial sector under the Department of land administration land supply allocated details lists audit in a timely manner.
    Article 19th spending for urban infrastructure construction, land development and arrangement and the establishment of State-owned land use right transfer reserve ratio, decided by the people's Governments at the same level. Article 20th tender auction of State-owned land income obtained in accordance with the "first post, living within our means, planning, earmarking" principle, the implementation of revenue management.
    Specific measures for the financial management, the Department of Finance Administration, land administration departments.
    Article 21st tender auction of State-owned land operational costs, according to the principle of two lines of income and expenditure management, in accordance with the procedures laid down in budget, land administration departments at all levels budget, financial sector assessment, pay into the financial accounts of the State-owned allocated land income.
    22nd article superior land administrative competent sector on subordinate land administrative competent sector organization of tender auction tone transfer activities should for supervision, on violation legal, and regulations and this approach provides of, or should to tender auction tone way transfer and unauthorized used agreement way transfer State-owned land right of, should ordered its deadline corrected; refused to corrected of, reported by sibling Government approved Hou law be change or revoked, and on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions. Article 23rd after land auction listing transactions to determine bookmark, the winning bidder, competitive people back, not by the date signed with one of the State-owned land use right grant contract, the winning bidder, competitive people liable for breach.
    The Organization anew by the transferor assignment of the bidding, auction and listing.
    24th article bid people, and competing have people not by contract agreed term delivered to price, or unauthorized change contract agreed of land uses, and volume rate, planning conditions of, transfer people right to lifted transfer contract, and reported sibling Government approved Hou, recovered land right; has delivered of land transfer gold in deduction performance margin Hou, remaining part give returned; ground buildings, and attached real by default who in provides term within itself demolition, late not demolition of, be confiscated.
    The winning bidder, competitive people are paid according to the contract terms price, the assignor cannot provide the land transfer on time, the winning bidder, bid has the right to terminate the contract; one should be returned to the land that has been delivered, and shall bear the liability for breach. 25th article bid people, and bid people provides false file, hide facts of, transfer people can canceled its bid, and bid qualification; bid people, and competing have people take bribe, and malicious collusion, illegal means bid or competing have of, which standard or competing have results invalid; has signed state-owned land right transfer contract of, should while invalid; caused economic loss of, bid people, and competing have people should law bear compensation responsibility.

    Article 26th using direct or indirect intervention of State-owned land bidding, auction events, resulting in the loss of engaged in land bidding, auction staff negligence, abuse of authority or engages, shall be given administrative sanctions by the relevant authorities constitutes a crime, criminal responsibility shall be investigated according to law.
    27th article violates these rules, not required to pay stand or sit, intercept or appropriate bidding auction of State-owned land income, a rectification by the competent financial administrative sector; it refuses, collection of State-owned land use right transfer incomes according to law, and a fine of 1000 Yuan fine constitutes a crime, criminal responsibility shall be investigated according to law.
                                28th article of the rules take effect on October 1, 2003.