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Jiangsu Province, The State-Owned Land-Leasing Practices

Original Language Title: 江苏省国有土地租赁办法

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(Health No. 12 of 19 May 2003)

Article 1 improves the management of State land assets, improves land-use efficiency and improves the land-reimbursable use system, in line with the provisions of the Law on Land Management of the People's Republic of China, the Land Management Regulations of the Province of Sudang.
Article 2 refers to the State's land lease (hereinafter referred to as land leases), which means that the State rents State land to the user, by the user (hereinafter referred to as the lessee) and by the municipality, the territorial administration authorities of the commune and district governments (lovener) to enter into a fixed-term land lease contract and pay for rent.
Article 3 governs the management of land leases in the current administration.
Article IV uses, duration and other land-use conditions for land leased plots are developed by the Land Administration authorities of the municipality, the Land Administration of the People's Government of the District and the relevant sectors, such as urban planning, and are reported to be implemented after approval by the Government of the same people.
Article 5, in addition to the right to national land use, should be made accessible in a manner that is appropriate for the development of a business-based property, other construction projects can obtain national land-use rights in accordance with the provisions of this approach. However, there are no resources, plantations and municipal utilities.
Land leases may be carried out using tenders, auctions, walls or agreements. The project, which is competitive (buying) conditions, should be used for tendering, auctions, wallcharts.
Article 6 is not in line with the transfer of land-based deposits, and the parties should deal with the procedures for the use of land leases, State ownership of land use.
Article 7. Short-term leases are generally not more than five years, and long-term leases should not exceed the maximum length of State ownership of land use.
The period of land lease of corporate legal persons shall not exceed the period of operation specified in their licence.
Article 8. Land leases should be determined by government price authorities on the basis of baselines and territorial prices, taking into account local market price assessments.
Article 9. Rental of land is charged by the authorities of the land administration of the city, the people of the district, and by the provision of financial contributions. The use of land rental operations costs is governed by land charges.
Article 10. The land lease contract shall be concluded in writing and its contents are agreed by the parties, including in general the following main provisions:
(i) The parties to the lease contract;
(ii) Lossss, scope and area of leased plots (subject to maps);
(iii) Use and other land-use conditions for leased plots;
(iv) The duration of the lease;
(v) Removal compensation for the relocation costs of the leased area or payment of the royalties;
(vi) The time frame for rental standards and rental adjustments;
(vii) The time and manner of payment of rents;
(viii) The conditions and time of delivery of leased plots;
(ix) The disposition of goods at the time of the termination of the lease contract;
(x) Liability for default;
(xi) Dispute settlement;
(xii) Other agreed matters.
Article 11. The lessee shall apply for the registration of the land in the city of the leased area, the land administration authorities of the county's land administration authorities, receive a national land-use certificate and obtain the right to the lease.
In urban planning areas, when a State land-use right is granted under this approach, the lessee shall apply, in accordance with the law, to the urban planning sector for the construction of a land-based planning licence.
Article 12. The lessee shall use land in accordance with the agreement of the land lease contract.
During the period of land lease, the lessee will need to change the land use agreed upon in the land lease contract or other land-use conditions, and after the approval of the law, the leaser shall resign the land lease contract with the lessee or enter into supplementary contracts.
Article 13. The lessee may transfer, transfer, transfer, mortgage and mortgage under the law.
The leased land-use transfer, transfer, mortgage and mortgages are attached to the subsequent transfer, transfer, mortgage, mortgage, mortgage, collateral, and is attached to the transfer of goods, lease, mortgage, mortgage, mortgage and mortgages, which are then transferred, leased, mortgaged and mortgaged within the scope of their use.
Article 14.
Article 15. Reservation of land-use leases shall not exceed the remaining period of the leased land-use right.
The lessee will transfer the right to land use to the third person, and the original land lease relationship is unchanged and the third party shall be registered in accordance with the law.
Article 16 provides that the lessee has paid for the liquidation of the relocation indemnity or for the expropriation of the royalties, as well as for the self-moval relocation of the lessee, whose ten-use right may be mortgaged and that the amount of the mortgage shall not exceed the cost of the relocation indemnity or the cost of compensation. The original transfer of land-use rights to the lease may be mortgaged and the mortgage shall not exceed 60 per cent of the land-use assessment price or the concessionary value.
The right to leased land shall not be collateral except under the preceding paragraph.
The right to mortgage land shall be registered in accordance with the law. The collateral period shall not exceed the remaining period of the lease of the right to land.
After the realization of the right to rent land tenure, the land lease contract continued to be performed by the right owner of the right to the land.
Article 17 redirects the right to rent land use and gives priority to the tenant under the same conditions.
Article 18 During the period of land lease, a legal person or other organization with tenant land terminated or merged, separated, and the land lease contract may be executed by a natural person, legal person or other organization whose property is attached to the leased area by law and by registration of a change in the right to land.
During the period of land lease, the death of a natural person on the leased land may be sustained by the legal successor of the property attached to the leased plot or by the survivor's grantee and by registration of a change in the right to lease.
Article 19 shall not be recovered in advance. However, as a result of the public interest needs of society, it may be recovered after the payment of the appropriate compensation based on the actual situation of the lessee's access to land and the exploitation of land.
Article 20 expires on land leases and the original tenant enjoys a priority under the same conditions.
The time limit for the use of the land lease contract was expired and the lessee needed to continue using the land should apply for the extension period not later than six months before the end of the term, except for the recovery of the land according to the public interest. The granting of approval should re-establish the land lease contract.
Article 21, which expires on land leases, the lessee has not applied for the duration of the extension or has not been approved for the duration of the application, and the right to land is not recovered by the State.
Article 2 provides administrative disposal by State staff to perform negligence, abuse of authority, provocative fraud in land rental activities, and constitutes an offence punishable by law.
Article 23 of this approach is implemented in accordance with the relevant provisions of the State and the province, prior to its operation.
The text of the land lease contract was compiled by the provincial Government's land administration authorities.
Article 24