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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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(Act No. 255 of the Order of the People's Government of Northern Lakes, 1 September 2003)

Article 1 provides for the regulation of State-owned land-use tenders, auctions, walls and concessions, optimization of land resource allocation, enhancement of State ownership of land-use management and the development of this approach in line with national laws, regulations and related provisions.
Article 2
The following information should be given to the State's right to land use by the auction of tenders:
(i) Business, tourism, recreation and commodity residential properties, etc.
(ii) More than two of the same places of interest outside the previous provision.
Article IV. The auction of tenders lays down the right to national land use and should be guided by the principles of openness, equity, justice and good credit.
The right to national land use requires an invitation to tenders, which should be approved by the Government of more than the people of the district.
Article 5 Provincial Land Administration authorities are responsible for overseeing the activities of the auction of State-owned land-use tenders throughout the province. The municipal, district land administration authorities are responsible for the implementation of the organization of the auction of State-owned land-use tenders in the Territory.
More than treasury administrative authorities are responsible for solicitation auctions and for the management of State land-use revenues.
In accordance with their respective responsibilities, the relevant authorities of the above-mentioned communes assist in the preparation of the work related to the auction of State-owned land-use tenders in the Territory.
Article 6. State-owned land-use tendering auctions shall be carried out on a planned basis.
In accordance with approved overall land-use planning, land-use annual plans, urban planning and land market conditions, the municipal and district land administration authorities will prepare, with the relevant authorities, a wallboarding programme for the preparation of national land-use-use tendering auctions for approval by the same-ranking people.
The municipal, district land administration authorities prepare draft national land-use invitations, auctions, walls and payment budgets based on approved land, which are implemented by peer-level financial sector clearances and by the government of the current people.
It is necessary to have the right to be lawful and the place of the community is clear that the area is accurate, formalized and shall be authorized by the Government in accordance with the terms of reference.
Article 7, after the approval of tenders, auctions, walls and leave programmes, the owner (markets, district land administrations, etc.) shall issue a notice at the first 20 days of the opening date of the tender's auction and provide information on the documents to tenders or competing buyers.
The auction of tenders requires a change, clarification or withdrawal of the notice and the related documents, which should be presented by the author by 15 days of the deadline for the submission of tender documents in the solicitation documents, by 15 days of the opening of the notice, by 15 days. A tender or a competing buyer may decide to change, modify or withdraw the original application on the basis of a notice.
Article 8
(i) The name and address of the person;
(ii) Placement, status, area, use, absorption rate, use of time, planning design requirements;
(iii) The tenderer, the eligibility requirements of the competing buyer and the application for tendering and competitive buyers;
(iv) The tender or the competing buyer's request for the auction of the time, place and the amount of work to be paid;
(v) The time, place and application of tenders by tender auctions, the deadline for competitive purchases and the opening of tenders, the time of the vouchers, the location;
(vi) Identify criteria and methods for the identification of the markers and the competitionee;
(vii) The manner in which tenders or competing tenders are delivered and the amount of a competition bond;
(viii) Other matters requiring a notice.
The solicitation, auction, wallching documents should include tenders or competing requisitions, maps, land use conditions, tenders or competing purchase applications, quotations, correspondence, State land use rights for the text of the contract.
Article 9 tenders or competing buyers may be questioned on the ground before the tendering auction was opened. It should facilitate them.
tenders or competing buyers shall be subject to the rules of the auction of tenders, which shall not be subject to false or collusion.
Article 10. The solicitation shall be subject to a review of the qualifications of tenders or competing buyers and shall inform their participation in the solicitation auction of the activities of the award.
Article 11. The auction of tenders shall give the State the right to land use to determine the floor or auction of tenders, the floor price. The floor or bottom price shall be determined by the owner on the basis of the assessment results and government industrial policy, once the competent land assessment body conducts the price assessment according to the relevant provisions. The floor price shall not be lower than the minimum price criteria for the State's right to land.
The floor or floor price shall be confidential before the conclusion of the solicitation auction of the auction, and the staff members participating in the solicitation auction shall not disclose the floor or floor price.
Article 12 The moderator must pass the examination and obtain a certificate of qualifications of the facilitators of the National Land Use Licence auction issued by the State.
In accordance with the requirements, the owner may entrust the solicitation agent and the auctioning enterprise with the specific application of tender auctions, endorsed by the Land Administration authorities in the province.
After the determination of the marker and the competition owner, the lender shall sign a letter of credit with the moderate and competitive bidders.
The written submission should include the time, location, etc., of the lender and the intermediary, the name of the owner, the address of the mark, the time of the award, the price, and the conclusion of the National Land Use Deeming contract.
The letter of submission has contractual effectiveness for both the lender and the medium and the bidder.
Article 14. After the closure of the State Land Use invitation auction, the owner shall make a social announcement within 10 days and report back to the appropriate level of land administration authorities.
Article 15. Subsidiaries, competing claimants shall enter into a State-owned land-use transfer contract in accordance with the time and venue agreed upon in the letter.
The bids paid by the moderate, competing owner, the secured creditor shall be credited to the State's land-use rights and shall be paid in a timely manner to the same-ranking country; tenders paid by other bidders, competing buyers, competitive buyers, bonds, and the lender must be returned within five days of the closure of the solicitation auction to the State land-use exercise without interest.
Article 16 of the land administration authorities of more than veteran landlords by tendering of their land-use rights, shall be paid in full to the “State land-use rights for exclusives of income” established by the same financial authorities (hereinafter referred to as the financial exclusive).
Article 17. The auction of tenders gives State land-use rights income and, after deduction of royalties and other expenditures, its proceeds should be earmarked for urban infrastructure construction, land development collation and the establishment of national land-use rights.
Article 18 Costs and other expenses incurred by the State Land Use Authority are promptly reviewed by the Finance Department in accordance with the Land Administration List.
Article 19 Expenditures for urban infrastructure construction, land development collation and the establishment of a national land-use right to make a reserve are determined by the same-level people's Government.
Article 20 of the solicitation auction gives the State the proceeds of land-use rights, which are managed in accordance with the principle of “received, imported into, integrated planning, earmarked funds”. The specific financial management approach was developed by the Land Administration authorities of the Province's Finance Administration.
Article 21, the auction of tenders lays down the operational costs required for the State's right to land use and, in accordance with the principles governing the management of the two line lines of income and expenditure, the preparation of the budget by all levels of land administrations, and the transfer of land-use rights from the State-owned land-use rights of the vested in the capital.
The extension of the tendering auction by the executive authorities of Article 22 shall be monitored by the competent land administration authorities of the lower-level land administration, subject to the provisions of the law, legislation and the present approach, or by means of the solicitation of the auction, by means of an agreement that allows the use of the State's land-use rights, shall be subject to correction of its deadlines; by refusing to remedy, by submitting changes to the law or by withdrawing the competent persons directly responsible for the administration of justice.
Article 23, after the deposit of the title of the land-use solicitation auction, the bidder, the owner, the owner, the owner, the owner's remorse, does not enter into a State-owned land-use award contract with the lender at the specified time, and the marker and the competing owner assume responsibility for default. The site was reorganized by the lender to solicitation, auctions, walls.
Article 24 of the Convention on the Elimination of All Forms of Discrimination against Women
Subsidiaries, competing claimants have paid credits at the time of the contract agreement and the lender is unable to provide the requested land on time, the moderate owner and the owner have the right to lift the contract; the lender shall return to the land that has been delivered and assume responsibility for default under the law.
Article 25. The bidder, the competing buyers provide false documents that conceals the facts and enables them to remove their tenders and competitive qualifications; moderate bids, competitionrs or competitions in illegal instruments such as bribery, malicious collation, in which tenders or competitive results are null and void; the State-owned landowner's right to leave the contract shall be null and void; the economic loss shall be borne by the owner and the owner in accordance with the law.
Article 26 uses the power to directly or indirectly interfere with the use of State-owned land-use invitations to auctions, resulting in losses, and to engage staff members who have been allowed by a national land-use tendering auction to perform negligence, abuse of their functions, invoking private fraud, by granting administrative disposition by the relevant authorities in accordance with the law, which constitutes a crime and hold criminal responsibility under the law.
Article 27, in violation of this approach, provides that the collection of State land-use rights by law may be accompanied by a fine of up to 1,000 dollars; that constitutes an offence and criminal liability.
The twenty-eighth approach was implemented effective 1 October 2003.