Ningxia Hui Autonomous Region, The State-Owned Land-Use Rights Auction Bidding Way

Original Language Title: 宁夏回族自治区国有土地使用权招标拍卖挂牌出让办法

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(April 28, 2003 consideration of the people's Government of Ningxia Hui autonomous region, the 7th Executive on May 12, 2003, the people's Government of Ningxia Hui autonomous region, the 55th release) Chapter I General provisions article in order to standardize the State-owned land use right transfer behavior, optimize the allocation of land resources, establish an open, fair and just system of land use, in accordance with the People's Republic of China land management law, the People's Republic of China implementing regulations of the land administration law and the
    People's Republic of China town-owned land-use rights assignment and transfer of the interim provisions of laws and regulations, combined with this practice, these measures are formulated.
    Article in this autonomous region within the administrative area of the tender, auction or listing the activities of State-owned land use right governed by this approach.
    Third bid to sell the State-owned land-use rights in these measures, refers to the land administrative departments of the people's Governments above the county level (hereinafter transferor) published a tender notice inviting specific or particular citizens, legal persons and other organizations, to bid on State-owned land-use rights, according to the bidding result identify land users (hereinafter referred to as the winning bidder).
    Auction of State-owned land in these measures, is the one that get published auction announcements, time and place specified by the bidder in an open bidding, according to bids results determine the land user (hereinafter person).
    Open selling state-owned land in these measures, listed is the one that get published notice as stipulated in the notice period will be proposed to sell these trading conditions specified land exchanges in Yangshuo, accept the bidder's quotation application and update the listing price, according to the tone of the deadline when the bid determines that the land user (hereinafter referred to as delisted persons) Act.
    Fourth bidding, auction and listing State-owned land use right shall follow the principle of openness, fairness, impartiality and good faith.
    Fifth land administrative departments of the people's Governments above the county level shall be responsible for the administration of State-owned land bidding, auction and listing sold.
    Article sixth for commercial, tourism, entertainment and residential projects of all kinds of land, must sell it as tender, auction or listing.
    Of land for purposes other than those stipulated in the preceding paragraph to the announcement of the plan, more than two of the same intention of land should also be tender, auction or listing transferred.
    Article seventh through bidding, auction and listing of State-owned land use right, shall go through examination and approval procedures involving diversion of agricultural land, it shall advance approval for Commission and the farmland.
    Eighth no unit or individual may unlawfully interfere with State-owned land bidding, auction and listing transfer activity.
    Bidders, bidders shall not adopt any fraud, collusion or other illegal means to participate in bidding, auction and listing sold activities.
    Chapter II general provisions article Nineth land bidding, auction or listing sold activities must be carried out systematically.
    Land administrative departments according to socio-economic development planning, industrial policy, land use planning, land-use planning, urban planning and land market, State-owned land use rights transfer plans, reported to have the right of approval after the Government approved and released to the public in a timely manner.
    Assignment of the land administrative departments shall, in accordance with article tenth plan, in conjunction with the urban planning and other relevant departments, has developed proposed bidding auction site use, age, manner, time and other conditions of transfer programmes, reported to have the right of approval of the people's Government for approval, the Department of land administration organizations. 11th the transferor shall, in accordance with the tender, auction sites, preparation of tender, auction documents.
    Tender and auction documents shall include tendering and auction notices, tender or bid, map, an application for land use conditions, tenders or bids, quotes, the confirmation, the State-owned land use right grant contract text.
    12th the transferor should be at least in the bidding, auction or listing starts on the 20th in the media a few days ago, published in land bidding, auction or listing announcement of trading venues, tender, auction was announced and the time and place of auction listing. 13th article tender auction tone announcement should including following content: (a) transfer people of name and address; (ii) transfer cases to of location, and status, and area, and using years, and uses, and planning design requirements; (three) bid people, and bid people of qualification requirements and the application made bid, and bid qualification of approach; (four) obtained tender auction tone transfer file of time, and locations and the way; (five) tender auction tone time, and locations, and registration way, and bid tone term, and bid and bidding way,; (six) determine bid people
    , Who acquired a people, pick the standards and methods; (VII) bidding, bidding deposit; (VIII) duration of land transfer mode of delivery, and (IX) other matters need to be announced. 14th land administrative departments of people's Governments above the county level should according to land valuation results and on the integrated industrial policy determine the bid or the reserve price.
    Bidding, auction and listing the upset price shall not be lower than the standard land price.
    Bidding, auction and listing price, must be kept confidential before the bidding, auction end.
    15th bid, bid on the applicant must be the State laws, regulations, eligibility, the assignor shall tender applicant and bidding qualification of the applicant; meets the conditions for tender auction listing bulletin, shall notify them to participate in the tender and auction listing activities.
    16th section land administrative departments should bidder, bidder inquiries intended to provide services related to land.
    Apply for participation in the 17th through bidding, auction auction, bid on the citizens, legal persons and other organizations should be more than 3 per cent; has failed to meet the required number, the assignor shall stop the auction or tender conduct a new trading arrangements.
    Total bid price or bidding at the highest bid is below the reserve price, one bid or auction, the tone should be declared null and void, otherwise determine the time of auction listing again.
    18th the transferor should be bidding up for auction or tender, notice to bidders to determine the time and place of opening and listing or auction will be held. Chapter III procedure article 19th tenders in accordance with the following procedures: (a) publish a tender notice, (ii) carry out the tender registration. Intending to take part in the tender shall be as specified in the tender notice time and place of registration, Subscribe to tender documents; (iii) to answer questions. Answering by the transferor on the tender of the relevant issues and (iv) preparation of the tender documents. Bidders should be required to complete the tender book and the preparation of tender documents, prepared for participation in the tender of the work (v) bid. Bidders before bid closing date to the designated location delivery of tenders, and required to pay a bid bond (vi) conducted by the evaluation team evaluation. Evaluation by the assignor on behalf of the group, relevant experts, for membership of more than five people in the singular. Bid group may require the bidder in the tender documents and to make the necessary clarifications or explanations, clarification or information shall not exceed the bid document scope or change the substantive content of the bidding documents. Bid evaluation team should be determined according to the tender document assessment standards and methods, review the bidding document; (VII) opening. Transferor shall in accordance with the tender notice stipulate time, place bids, and all bidders shall be invited to attend. Elected by the bidders or their representatives to check boxes or seal of the bidding documents, publicly opened bids, announced that the bidder's name, bid prices and the main content of the bidding documents; (h) the calibration.
    The transferor should be based on the evaluation results, will 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 price the highest bidder, determined to be the winning bidder. 20th auction in accordance with the following procedures: (a) the published auction announcements, (ii) register with the auction. By the bidder in a public notice released dates to specify the place where the auction registration, Subscribe to auction files; (iii) delivering bidding documents. Specified by the bidder in the bidding application deadline to submit application for bidding and pay the bidding deposit; (d) the review of bidding documents. By the transferor to bidders submit bids document review (v) held an auction.
    Assignor will bid on the sign with a number issued to bidders in auctions of pre-session and 20 minutes, at an auction, bid on the sign on behalf of the bidder's qualifications, before the new bid was not making, the bidders shall not withdraw the bid had already given signs.
    21st article auction will according to following program for: (a) host points is bid people; (ii) host introduced auction cases to of location, and area, and uses using years period, and planning requirements and other about matters; (three) host announced up called price, and increased price rules and the increased price range; no upset of, should clear proposed; (four) host reported out up called price; (five) bid people lift brand should price or quotes; (six) host confirmed the should price or quotes;
    (G) the host announced the same price three times in a row and should no longer be price, host gavel auction; (h) the moderator announced that the highest price for the people. 22nd listed in accordance with the following procedures: (a) issue a listing announcement. Listed in Bulletin of the listed start date, transferor will be listed in the location, size, purpose, use, planning requirements, starting price, and price rules and increase prices, listed in Bulletin of land exchange in Yangshuo, (ii) get the bid registration. By the bidder in a public notice released dates to designated locations registration, subscription license document, and (iii) the submission of bid documents. Specified by the bidder in the bidding application deadline to submit bids to the transferor files and pay the bidding deposit; (iv) reviewed the bids request. Applied for by the transferor on the bidder's bid reviewed and completed by a qualified bidder quotes quotes;

    (E) the transferee confirm the offer, updates the display tone; (f) the transferor continues to accept the new offer, (seven) people listed in bulletin delisted from the tone of cutoff time of people.
    Article 23rd open selling of State-owned land use right, listed not less than 10 business days, listing period can be adjusted according to bidders bidding and price ranges. 24th article tone term expires, according to following provides determine whether sold: (a) in tone term within only a bid people quotes, and quotes above upset, and meet other conditions of, tone sold; (ii) tone term within has two a or two a above of bid people quotes of, bid highest who for picked brand people; quotes same of, first submitted quotes single who for picked brand people, but quotes below upset who except; (three) in tone term within no should price of or bid people of quotes are below upset of, tone not sold,
    Adjustable tone of people upset tone again.
    Listing deadline when there are two or two or more bidders ask for a quote, the transferor should be on-site auction of listed and delisted from the highest bidder for the people.
    25th through bidding, auction or listing the winning bidder is determined, and delisted from the acquired person, person, transfer shall, together with the winning bidder, acquired a people, pick who signed the letter of confirmation.
    The confirmation should include the transferor and the winning bidder, who acquired a people, pick the names, addresses, transfer, transaction time, place, price and signing of the State-owned land use right grant contract of the time, place, and so on. The confirmation of the transferor and the winning bidder, acquired a people, pick who have contractual effect.
    Having signed the letter of confirmation, people change the result of a bid, bid, plucking, or delisted from the winning bidder, competitive people, people give up successful, competitive and delisted manner, shall bear legal liability.
    26th a winning bidder, competitive person, delisted shall, in accordance with the confirmation of the agreed time, the State-owned land use right transfer contract with the transferor.
    The winning bidder, competitive people, delisted paid bids, bid bond, be retained as State-owned land use right transfer, other bidders, bidders paid bids, bid bond, the transferor must be listed on the auction be returned within 5 working days after the activity is over, without interest.
    27th bidding auction of State-owned land use right after the event, the assignor shall, within 5 working days will be tender, auction of State-owned land use right of the results in the specified place or published on the media.
    People publish the results of transfer shall not be delisted from the winning bidder, competitive people, people charged.
    The winning bidder, competitive person, delisted in accordance with the agreement of the State-owned land use right grant contract, paid in full after the State-owned land use right transfer, land registration shall apply for and receive of the State-owned land use permit.
    28th in violation of fourth chapter penalty provisions of this approach, the land administrative departments did not tender auction listing of State-owned land use right, the Department of land administration or Ministry departments directly in charge of personnel and other persons directly responsible shall be given administrative sanctions.
    Article 29th during the bidding, auction and listing activities, bidders, bidders provide false documents to conceal the fact, the assignor may cancel their bids, bid qualifications; losses caused to a transferor shall bear liability.
    30th a winning bidder, competitive or de-listed man can not pay the contract price within the time limit specified, as the winning bidder, bid or delisted people default, the assignor may cancel the qualification of its bid, bid or delisted, and liable for breach of contract.
    31st a winning bidder, competitive people, delisted in the bidding, auction and listing State-owned land use right events is bribery, collusion and other illicit acts, by the transferor to cancel its trade qualifications constitute a crime, shall be investigated for criminal responsibility by judicial organs.
    32nd delisted from the bidder and the bidder, in the successful, competitive and delisted later regretted, as the winning bidder, bid or delisted people breach, liable for breach of duty, and to compensate the grantor for organizations bidding, auction and listing activities to pay the full cost. 33rd bidder, bidder and any other interested person believes that auction or measures concerning the right to use State-owned land not in accordance with the provisions of the right to make objection to the transferor or by law to the local government level above or to the transferee of the land Administrative Department.
    Land administrative departments of the people's Governments at the corresponding level or at the level it should be dealt with according to law.
    Article 34th in the bidding, auction and listing State-owned land-use rights activities, Department of land administration of dereliction of duty, abuse of power, favoritism, they shall be given administrative sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated according to law.
                    Fifth chapter supplementary articles article 35th of the measures shall take effect on July 1, 2003.