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Provisions On Administration Of State-Owned Land Use Right Transfer In Benxi City

Original Language Title: 本溪市国有土地使用权出让管理规定

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(Act No. 87 of the People's Government Order 25 July 2002)

Article 1 establishes this provision in the light of the National People's Republic of China's Land Management Act and the relevant laws, regulations, in order to improve the State's land-refault system and regulate land-use concessions.
Article 2 refers to the State's right to land use, in its capacity as landowners, to allow land-use persons within a certain period of time and to pay land-use concessions to the State by land users.
Article 3. This provision applies to State ownership of land use in commercial, tourist, recreational, financial and operational properties development areas within the city's administration area (hereinafter referred to as operating land).
All collective land must be converted to national land, and the right to land can be given under this provision.
The national law provides for the provision of the place of use by means of allocation.
Article IV, the Land Resources Management of the Autonomous Region, is the administrative authority responsible for the management of State land use within the Territory.
Sectors such as plans, planning, housing, finance and inspection should be aligned with the management of land-use rights in line with their respective responsibilities.
Article 5
(i) It must be consistent with overall land-use planning and urban overall planning;
(ii) Control of the total amount of land supply and limit new construction sites;
(iii) Focusing, harmonizing supply and moving towards full net supply;
(iv) Public, fair, equitable and order.
Article 6. The authorities of the Land Resources Administration shall prepare annual land supply plans in the same sectors as planned, planned construction, housing, in accordance with the annual land-use master plan, the overall urban planning and real estate development plan, to be made available to society after approval by the same Government.
Article 7. State-building systems for the acquisition of reserves and the establishment of land reserves.
Operational land should be supplied from the land reserve.
Article 8. When the transfer of land-use rights is obtained, the lease must be granted by the municipalities, the self-governing authorities, by means of a concessional or rent-free arrangement for land-use rights, by the licensee, to enter into a land-use transfer or lease contract and to obtain land-use rights upon the payment of land-use concessions or rents.
Article 9
(i) 70 years of residence;
(ii) Industrial land and 50 years of education, science and technology, culture, health and sports;
(iii) For 40 years of commercial, tourist and recreational use;
(iv) A synthesis and its use for 50 years.
Article 10. Land-use rights allow for tendering, auctions, walls and agreements.
After the publication of the operational and other land supply plans, there are more than two intended landowners in the same place, and the authorities in the city, autonomous districtland resource administration should make use of the auction, tendering, and only one of the intended landers or others could not use tenders, auctions. The adoption of an agreement approach to land should be based on a local price assessment, which should be published to society on the basis of a common government conference.
Article 11. The territorial resource management administrative authorities, in accordance with the approved annual plan for land supply and the conditions for planning and real estate development, as set out in the concept of advice on the construction of the real estate development project, submitted by the planning authorities, entrust the intermediary assessment body with a corresponding level of qualifications to assess the territorial value of the land and approve the land for the floor.
Article 12. Land concessions have been established for land area and land concessions, and the rate of congestion cannot be changed. There is a need to change the rate of decoration, which should be reapproved for land and reproduced. Under the same conditions, the right to land can be given priority to the parties in question.
Article 13. The city, the autonomous district financial sector is the competent authority for the income from the land, and the territorial resource administration is entrusted with the approval of the land by the same level of finance.
The transferee shall, in accordance with the agreement of the land to give the land to the treasury of the land established by the financial sector and obtain a national land-use certificate from the land-based resource administrative authorities for the registration of land.
Article 14. The land of the area of operation shall be credited to any other sector or individual except for the authorization authority and procedures provided for in national laws, administrative regulations.
Article 15. Land concessions shall not be paid in kind in principle, and special circumstances require payment in kind, subject to approval by the same level of financial sector, with the consent of the same-ranking government, and over 1 million dollars of the land paid in kind must be discussed at the same level of government.
Article 16 expires on the right to land use, and the transferee will need to continue using the land and shall submit an extension application to the territorial resource administrative authorities for a period of one year prior to the expiration of the land, which shall be approved in addition to the need for the recovery of land rights in the public interest, and, after the transferee's payment of the land credit, the contract with the transferee. The transferee did not apply for the duration of the extension or the extension of the application, with the right to land and land-use, with the free recovery of the buildings on the ground.
Article 17 The authorities of the Land Resources Administration should regularly update the region's benchmarking, tendering and agreement to make the land minimum price standards available in accordance with the provisions of the law, administrative regulations and changes in the market prices of the land.
Article 18
(i) More than one year undeveloped, leakage of land by land resources administrative authorities;
(ii) Over two years, less than 25 per cent of investments are not developed or developed, and land-use rights are not reimbursed by law.
The transferee did not assign the land to the agreement of the land for the granting of credits, and the Land Resources Administration did not issue a national land-use certificate and planning the administrative authorities would not conduct the business process; the construction of administrative authorities would not be completed by the construction of an administrative authority; the absence of a national land-use certificate and the issuance of a certificate of property by the property administration authorities.
The transferee had paid the land to pay the money, and the Land Resources Administration had applied to the People's Court in accordance with the law and had received 0.3 per 1,000 lags on a daily basis.
Article 20 violates the provisions relating to the law enforcement authority of other departments and is punishable by law by the relevant authorities.
Article 21, the parties' decision on administrative penalties is not uniform and may apply to administrative review or administrative proceedings in accordance with the law.
Article 2
Article 23