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Sichuan Province, The State-Owned Land-Leasing Practices

Original Language Title: 四川省国有土地租赁办法

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(Health No. 172 of 4 June 2003 of the Government of the Sichuan Province)

Article 1 regulates State land leases, in accordance with the People's Republic of China Land Management Act, the National People's Republic of China's Land Management Act and the Modalities for the implementation of the Law on Land Management of the People's Republic of China, in conjunction with Sichuan.
Article 2, which refers to State land leases, refers to the fact that more than the people at the district level rent the State's land to landowners within a certain period of time, with the payment of rental payments by land users.
Article 3 engages in State land rental activities within the administrative areas of this province and must be subject to this approach.
Article 4
The Government of the last-level people and its territorial resource administration authorities should take measures to strengthen the guidance and supervision of national land lease efforts of the lower-level people's Government and its territorial resource administration authorities.
Article 5
Article 6. Civil, legal and other organizations may obtain national land use rights through lease, except for the operation of real estate development.
The State's land-use rights through the lease approach do not include local resources, vegetation and municipal utilities.
Article 7. State land leases may be negotiated. However, the leases of business, such as commerce, tourism, recreation, must be solicited, auctioned or walled.
The application of tenders, auctions, wallchmarks to rent State land is carried out in the light of the relevant provisions of the State's land use right to solicitation, auctions, wallcharts.
Article 8
The lease of State land shall enter into a national land lease contract in accordance with voluntary and reimbursable principles. The national land lease contract is signed by the administrative authorities of the Territory's resources (hereinafter referred to as renters) at the district level and by the land-users (hereinafter referred to as tenants) in accordance with the national land lease programme approved by the Government of the people at this level.
Following the formal signing of the State land lease contract, the territorial resource administrative authorities of the province are reported on a quarterly basis.
Article 9. The State land lease contract shall include the main elements of the place of the lease, area, use, duration of the lease, rental payment criteria, payment time, payment modalities, default liability. Specific formats are provided by the Provincial Land Resources Administration.
Article 10. The period of national land lease shall not exceed the maximum period specified by law, legislation and regulations for the same-purpose State's right to land use, and the period of rental of commercial, tourist, recreational, etc. shall be linked to the scale of investments.
Article 11 leases of State land by solicitation, auction and wall name means are determined by actual results. The lease of State land by agreement means is determined by the territorial authorities of more than the district level, with financial, material and administrative authorities, in accordance with local baselines, in the context of local properties, lease deadlines, territorial size, etc., after approval by the Government of the current people.
Article 12. The renter shall deliver the land in accordance with the time and conditions agreed by the State's land lease contract.
The lessee shall pay the lease in accordance with the amount, duration and manner agreed upon by the State's land lease contract and observe other obligations under the State's land lease contract.
Article 13. The lessee needs to change the land use agreed by the State's land lease contract, which must be in line with the requirements for urban planning and overall land-use planning, with the consent of the lessor, to reorganize the State's land lease contract in accordance with the changing land use.
Article 14. Without altering the rights and obligations of the State's land lease contract, the lessee invests in the development of construction funds up to 25 per cent of the total investment in construction, with the consent of the lessor, that the lessee may transfer the right to land use of the leased State. After the transfer of State land-use rights, the rights and obligations of the former tenants were transferred to the new lessee and re-registration of the lessee.
The lessee may transfer the lease of the leased State land and its buildings, constructions and accompanying items in accordance with the relevant provisions of the State.
The lessee may put the leased State land together with the building, the construction of the goods and the accompanying material in accordance with the law.
Until the expiry of the period of national land lease, the renter shall not be allowed to recover the leased State land. Adjustments due to public interest needs or under urban planning must be recovered in advance, subject to the approval of the Government of the lessee and the social announcement.
The Government of the people implementing social public interests or adapting urban planning should be properly compensated in accordance with the time frame for the use of State land by the lessee and the actual circumstances of the exploitation of State land.
Article 16 Before the expiry of the period of State land leases, the lessee, by consensus with the lessor, may cease the lease of the State's land and lift the State's land lease contract.
Article 17 The lessee shall require the extension of the State's land and shall apply to the lessee six months prior to the expiration of the national land lease. In addition to the need for recovery in the public interest of society, the lessor should agree on the extension. Upon the consent of the lessor and the approval by the Government of the people at the current level, the lease shall be redefined and the State's land lease contract shall be concluded. Of these, commercial, tourist, recreational, etc. should redirect tendering, auctions or walls to determine the tenants and the leases in a manner consistent with the requirement for the continuation of the lease, which should be redefined at the same time as the land market price.
Unless the application for the extension of the lease or the extension of the lease is not approved, the renter is free of the leased State land at the time of the expiry of the State's land lease period, and the building, the construction of the goods and the value attached to the goods can be properly compensated in accordance with the value of the disability.
Article 18 Changes in State land by way of allocation or partly alters the use of buildings, constructions, consignments and consignments on the land or its land must be converted into a reimbursable manner by law. No option should be made to resign the State's land lease contract; to reject the addition, the territorial resource administrative authorities collect the lease rate in accordance with the tenancy criteria for the rental of the same-purpose State.
Article 19 The lessee shall pay the lease in accordance with the criteria, amounts, duration or article 18 of the State's land lease contract. The rental payments were made directly to finance the budget management. The specific collection management approach was developed by the Provincial Finance Administration with the provincial Land Resources Administration authorities.
Article 20 provides that the lessor does not deliver the land to the lessee in accordance with the agreement of the State's land lease contract and shall be responsible for default. The lessee may lift the national land lease contract.
Article 21, the lessee shall be responsible for the payment of the leases in accordance with the agreement of the State's land lease contract or the provisions of article 18 of the present scheme, which shall be paid for the duration of the period of time and shall receive three lapses per day after 1 year; the renter shall not be paid in advance of one year and, with the approval of the Government of the current people, may take coercive measures or lift the State's land lease contract, recover or transfer the State's land.
In violation of article 13 and article 14, paragraph 1, of this approach, the lessee is responsibly altered by the administrative authorities of the Territory's resources at the district level; the lessee is entitled to lift the State's land lease contract and to recover the leased State land and to hold its default responsibilities.
Article 23 of the Land Resources Administration and its staff members violate the provisions of this approach, abuse of their functions, provocative fraud, negligence, or denial of redress by the superior authority in the light of the breach of the provision of a duty order, in accordance with the law, to hold the executive responsibility of the principal and the person directly responsible, and to hold criminal responsibility under the law.
Article 24