On The Modification Of The Xinjiang Uyghur Autonomous Region, Town Of Interim Measures For The Transfer Of State-Owned Land Use Right Transfer And Decision

Original Language Title: 关于修改《新疆维吾尔自治区城镇国有土地使用权出让和转让暂行办法》的决定

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On the modification of the Xinjiang Uyghur autonomous region, town of interim measures for the transfer of State-owned land use right transfer and decision

    (12th of April 17, 2014 autonomous region people's Government, the 15th meeting of discussion by people's Government of Xinjiang Uygur Autonomous Region on May 1, 2014 the 191th release as of July 1, 2014), Xinjiang Uyghur autonomous region, Xinjiang Uygur Autonomous Region people's Government decision on the town-owned land and transfer of interim measures as follows: A, fourth is revised as follows: "city, County (City) departments of land and resources administration in conjunction with the departments of urban and rural planning, development and reform, according to the region's economic and social development planning, industrial policy, land use planning, land-use planning, urban and rural planning and land market, preparation of the annual land supply plan, reported the people's Governments at the corresponding level for approval.

    ”

    II, and fifth article modified for: "on transfer land right of specific plots, by city, and County (City) land resources administrative competent sector with housing and urban and rural construction, and urban and rural planning management sector according to land supply annual plans and capital investment plans developed transfer programme, by this level Government approved Hou, by land resources administrative competent sector representative Government (transfer party) and by let party signed transfer contract. Transfer programmes should include transfer block size, location, location, use, transfer, demarcation of land, land is life, planning conditions and so on.

    ” III, sixth revised as follows: "city, County (City) departments of land and resources administration, in conjunction with urban and rural planning, real estate, finance, development and reform Department, pursuant to economic and social development and land market, land grading and the Organization (including underground spaces), benchmark land prices, the people's Governments at the corresponding level for approval.

    ” Four, seventh revised as follows: "the land bidding, auction and listing of, or agreement.

    Bidding, auction and listing and an agreement to sell land-use rights applicable scope, public bidding procedures in accordance with the auction of State-owned construction land provisions, and the implementation of the agreement to sell the State-owned land-use rights provisions.

Five, add one, as the eighth: "assignment of the transferee shall within 60 days from the date of signing the contract to pay the full rent.

Transferee and transferor agreed, from the date of contract signing delivery in the 30th 50% of the leasing and the balance shall be paid within 1 year from the date of contract signing. The transferee in accordance with contracts paid in full after the transfer, shall not be affected by the land where the County (City) departments of land and resources administration application for land registration, receiving State-owned land use right certificate.

    ”

Six, 12th to tenth and amended as: "after the land transfer or allotment, assignment of the land shall be in accordance with the contract or the allocation of land use and planning decision requires the use of the land. Urban planning needs to change in land use, land use right shall be submitted to the municipal or County (City) applications for change of land use to the town and country planning department, after they have been vetted and approved, sign a new contract or concluding contracts.

    ”

Section seven, article 14th to 11th, changed into "obtained by transfer of land use rights, subject to the following conditions, you can transfer to meet (a), (b) condition, lease or mortgage:

(A) the lawful possession of the land use right certificate and certificate of ownership of ground buildings and fixtures;

(B) according to the conditions stipulated in the contract, the term investment development and utilization of land; (C) land development and construction should commence construction with a total area of over one-third or in addition to leasing has been put into building capital total investment over 25%.

    ” Section eight, 23rd to 18th and amended as: "due to disposal of the mortgaged property and land tenure and ownership of the buildings and other objects on the ground, should give the land where City, County (City) land and resources administrative departments and property management Department for registration of land tenure and property rights transfer.

    ” Article nine, 24th to 19th and amended as: "will be made by transfer of land use right transfer, lease, mortgage, or as an asset and other joint-venture, cooperation, joint ventures, build houses, State-owned land use right transfer formalities shall apply for, sign the lease contract and pay rent.

    ”

Ten, 26th to 21st and amended as: "the period of residential land, auto-renewal, and in accordance with the provisions of relevant laws and regulations of the relevant formalities. 90 days before the expiration of non-residential land use rights, land to the land where City, County (City) departments of land and resources administration application for renewal, by the city and County (City) approved in accordance with the provisions of these measures again sign the lease contract and pay the lease price, for land registration.

    ” Third, 27th to 22nd and amended as: "the County (City) of the people's Government above the law to recover land, can be sold in accordance with this regulation.

    ”

12, delete the second paragraph of article II, the eighth and Nineth and tenth, 13th, 17th, 18th, 32nd, 33rd, 34th, 35th.

In addition, to the title and the text is revised accordingly and chapters, the provisions of order adjusted accordingly. This decision shall take effect on July 1, 2014.

The Xinjiang Uygur Autonomous Region urban State-owned land and transfer of interim measures in accordance with this decision revised and republished.

Xinjiang Uyghur autonomous region, urban approach to state-owned land use right transfer and transfer

    (February 1995 1 9th autonomous regional people's Government, the 49th, released on November 20, 1997 the municipality deal ((1997), 97th article first amendment according to the second amendment, on April 10, 2008 the municipality 153th; third revision, May 1, 2014, the municipality makes the 191th)

    First in order to strengthen the management of urban land use, land property benefit into full play and ensure the smooth implementation of town planning and construction, promote economic development, according to the People's Republic of China town-owned land and transfer of interim regulations and related laws and regulations, combined with State practice, these measures are formulated.

    Second approach applies to municipalities, counties (cities), the State-owned land within the town and industrial and mining areas (hereinafter referred to as the land) appropriated and transfer, lease, mortgage, transfer, termination of activities.

Article III district (City) land and resource administration departments at or above unity within their respective administrative areas of land, land transfer, transfer and transfer, lease and mortgage of conducting supervision and inspection.

    Town and country planning, real estate, development and reform, financial management in the context of their respective statutory duties, is responsible for the assignment and transfer of land-related work.

    Fourth city, County (City) departments of land and resources administration in conjunction with the departments of urban and rural planning, development and reform, according to the region's economic and social development planning, industrial policy, land use planning, land-use planning, urban and rural planning and land market, preparation of the annual land supply plan, reported the people's Governments at the corresponding level for approval.

Fifth of plots of land, by the city and County (City) departments of land and resources administration in conjunction with the housing and urban-rural construction, urban and rural planning and management departments according to the annual land supply plans and capital investment plans for the establishment of transfer programmes, after approval by the people's Governments at the corresponding level, the Department of land and resources administration on behalf of the Government (transferor) and the transferee to sign the lease contract.

    Transfer programmes should include transfer block size, location, location, use, transfer, demarcation of land, land is life, planning conditions and so on.

    The sixth city, County (City) departments of land and resources administration, in conjunction with urban and rural planning, real estate, finance, development and reform Department, pursuant to economic and social development and land market, land grading and the Organization (including underground spaces), benchmark land prices, the people's Governments at the corresponding level for approval. Article seventh land bidding, auction and listing of, or agreement.

    Bidding, auction and listing and an agreement to sell land-use rights applicable scope, public bidding procedures in accordance with the auction of State-owned construction land provisions, and the implementation of the agreement to sell the State-owned land-use rights provisions.

The eighth assignment of the transferee shall within 60 days from the date of signing the contract to pay the full rent.

Transferee and transferor agreed, from the date of contract signing delivery in the 30th 50% of the leasing and the balance shall be paid within 1 year from the date of contract signing.

    The transferee in accordance with contracts paid in full after the transfer, shall not be affected by the land where the County (City) departments of land and resources administration application for land registration, receiving State-owned land use right certificate. Nineth licensee fails to fulfill contract, Licensor has the right to terminate the contract, has delivered to the transferee of the deposit is not refundable, and is entitled to compensation according to the contract stipulations.

    Assignment of the lessor fails to perform the contract, the transferee has the right to as per the contract to terminate the contract, and shall be entitled to a refund of the deposit and claim compensation.

Tenth after the land transfer or allotment, assignment of the land shall be in accordance with the contract or the allocation of land use and planning decision requires the use of the land.

    Urban planning needs to change in land use, land use right shall be submitted to the municipal or County (City) applications for change of land use to the town and country planning department, after they have been vetted and approved, sign a new contract or concluding contracts.

11th transfer to obtain land-use rights, subject to the following conditions, you can transfer to meet (a), (b) condition, lease or mortgage:

(A) the lawful possession of the land use right certificate and certificate of ownership of ground buildings and fixtures;

(B) according to the conditions stipulated in the contract, the term investment development and utilization of land;

    (C) land development and construction should commence construction with a total area of over one-third or in addition to leasing has been put into building capital total investment over 25%.

    12th land-use right transfer, the transfer of the ownership of buildings and other objects on the ground with; buildings and other objects on the ground when the transfer of ownership, the use of land within the accompanying transfer land use rights and buildings and other attached split transfer, shall not violate the provisions of relevant laws and regulations.

    13th article land right transfer both should signed transfer contract, and in contract signed of day up 15th within, in accordance with land registration and city property registration of about provides, holding land right card, and transfer contract, and transfer contract,, respectively to the cases land location city, and County (City) land resources administrative competent sector, and property management sector application handle land right, and housing ownership transfer registration procedures.

    14th land leased, mortgaged, the above-ground buildings, other attachments with the lease or mortgage; buildings and other objects on the ground when leased, mortgaged, the use of land within the lease or mortgage. 15th land lease mortgage lease, pledge contracts shall be signed on both sides. 15th on the date of the contract, lease, mortgage, hold the land transfer contracts and leases, or a mortgage contract, respectively, to the land where City, County (City) departments of land and resources administration, real estate lease, mortgage registration management.

    Cessation of lease, mortgage, lease, mortgage date should be terminated by both parties in the 15th, to the original registration organ for the cancellation of lease, mortgage registration formalities.

    16th section land lease or mortgage the effective period of the contract, the lessor or the mortgagor shall continue to carry out land use rights grant contract.

    17th a mortgagor leased of land-use rights as collateral, the original lease during the effective period of the contract shall continue to perform, the mortgagor mortgages should be written notice to the lessee has been collateralized mortgage contract period for the transfer of land, should obtain prior written consent of the mortgagee, under the same conditions, the mortgagee has the preemptive right.

    18th due to disposal of the mortgaged property and land tenure and ownership of the buildings and other objects on the ground, should give the land where City, County (City) land and resources administrative departments and property management Department for registration of land tenure and property rights transfer.

    19th will be made by transfer of land use right transfer, lease, mortgage, or as an asset and other joint-venture, cooperation, joint ventures, build houses, State-owned land use right transfer formalities shall apply for, sign the lease contract and pay rent.

    20th land use right transfer period, call the land loss, termination, land should be in 15th after termination of land handed back to the State-owned land use right certificate, and the land-use right to cancel the registration.

Article 21st of residential land use rights expiration, automatic renewal, and in accordance with the provisions of relevant laws and regulations of the relevant formalities.

    90 days before the expiration of non-residential land use rights, land to the land where City, County (City) departments of land and resources administration application for renewal, by the city and County (City) approved in accordance with the provisions of these measures again sign the lease contract and pay the lease price, for land registration.

    22nd the County (City) of the people's Government above the law to recover land, can be sold in accordance with this regulation.

    23rd article not by land right transfer contract provides of term and conditions development, and using land or without approved unauthorized change land right transfer contract provides of land uses of, by County (City) above land resources administrative competent sector ordered its deadline corrected; late not corrected of, can give warning, and sentenced each square meters 10 to 15 Yuan fine, highest shall not over 30,000 yuan; refused to corrected of, free recovered land right.

    24th article without approval or deceit in obtaining approval, the illegal occupation of land, in line with the People's Republic of China land management act the 76th and the People's Republic of China implementing regulations of the land administration law article 42nd penalty.

    25th transfer, lease, mortgage party was not in accordance with the provisions of the land transfer, lease and mortgage registration, by County (City) departments of land and resources administration order the above deadline for registration; fails to go through, assignment, lease, mortgage 50% of the amount of the illegal income penalty shall not exceed a maximum 30,000 yuan.

    26th departments of land and resources administration and staff of administrative departments in assignment and transfer of State-owned land-use rights abuse their powers, neglect their duties, engage in the process, by its competent authorities or their supervisory organs shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law. The 27th article of the rules take effect on July 1, 2014.

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