Shantou Special Economic Zone, Modern Industrial Land Use Rights Transfer Approach

Original Language Title: 汕头经济特区现代产业用地使用权出让办法

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Shantou special economic zone, modern industrial land use rights transfer approach

    (October 31, 2011 at the Shantou City Government 12th 90 Executive meeting through October 31, 2011 Government of Shantou announced the 131th come into force December 1, 2011) to speed up the construction of the first modern industries, protection of a modern industrial land requirements, improve the efficiency of land use, in accordance with the fundamental principles of law, combined with the Shantou special economic zone (hereinafter referred to as the SAR) actually, these measures are formulated.

Second transfer within the region of a modern industrial State-owned construction land, these measures shall apply.

Modern industry in these measures refers to the modern service industry and advanced manufacturing industry as the core of the industry, including headquarters economy, high-tech and strategic emerging industries, and so on.

    Selling travel, entertainment, housing and other business purposes and the use of State-owned land, laws, regulations and other rules have been stipulated, from its provisions.

    Third Hong Kong Special Administrative Region to establish modern industrial project reporting system and application system.

    Assignment of the fourth modern industries should be made according to national economic and social development planning, industrial layout planning, town and country planning, land use planning, environmental protection plan, the annual land use plan as the basis, guided by fairness, openness, justice and the principles of economical and intensive land use, bidding, auction and listing or bidding on the Internet public auction. Fifth of Municipal Department of land administration organizations in implementing these procedures, is responsible for the management of industrial land in the urban area; but the district land administrative departments of the people's Government, by the district land administrative departments in charge of industrial land management within their respective administrative areas.

Related management duties pursuant to the provisions of the Industrial Park industrial park industrial land management work.

Nan ' ao County land administration authorities are responsible for modern industrial land management within their respective administrative areas.

    Municipal, district (County) competent administrative agency of the Government assisting in the implementation of these measures in accordance with their respective responsibilities. Sixth modern industrial projects included in the annual land supply plan.

    Plan under implementation and annual supply of land supply and demand needs to be adjusted, by the competent administrative authorities and the development of city and County land reform, urban and rural planning department study, approved by the people's Governments at the corresponding level and adjust to society after the release of.

    Article seventh unit with the SAR investment industrial projects should be submitted to the competent administrative Department of the municipal development and reform project preliminary declaration, declaration includes type, building size, land requirements, investment estimation and time requirements. Eighth municipal development and reform Administrative Department shall receive the item within ten working days from the date of the preliminary declaration, organization science, Tsunenobu and other departments, to review the preliminary declaration project.

Review belong to the modern industrial projects, organization, technology, Tsunenobu, town and country planning, land and environmental protection Administrative Department as well as district (County), industrial park management institutions under review in accordance with the following observations:

(A) sector development and reform, the letter from the industrial policy, industrial distribution, total investment of projects proposed headquarters economy, emerging industries of strategic importance, such as review comments;

(B) the Department of science and technology from the high-tech industry project types of proposed high-tech industrial projects, such as review comments;

(C) the Environmental Protection Department from environmental review;

(D) land from the land control, land use, open completion time limit, comply with the overall land-use planning and land supply plan review comments;

(E) urban and Rural Planning Department on the advice requested location of the project;

(F) the district (County) Government and industrial park management body under the administrative and practical review of the Park;

(VII) other responsibilities review comments made by related departments.

    City development reform administrative competent door should will Qian paragraph about sector of review views summary formed project access conditions and the corresponding of qualification review way reported City Government approved, and established SAR modern industry project repository; modern industry project repository content including industry type, and construction scale, and investment estimates, and location intention, and with to area, and time requirements,, for reasonable arrangements modern industry with to of reserves and transfer provides reference according to. Nineth article land administrative competent sector according to City Government approved of modern industry project and access conditions, released cases to public transfer pre announcement, pre announcement content main including intends transfer with to of is located location, and area, and uses, and using years, and planning conditions and the planning red figure, and project access conditions, and with to trading conditions (including applicants qualification, and payment term, and make to time, and make to conditions, and development construction requirements and he special agreed, information) and pre application time,.

Expiry of the notice period has no intention of applying to the people and withdraw proposed transferring land.

    Notice of transfer to the public not later than 7th, pre-application period from the day of expiry of the notice period. Tenth through modern industrial project review of the preliminary declaration project on assignment in advance of the public announcement of the specific land use intent, you can apply to the land Administrative Department in charge of land, also pledged to pay the price and conditions.

An applicant who meets the case assignment in advance of the public announcement of the eligibility, the land administrative departments can start public transfer of programs and organizations implement the pre-application block public transfer of activities.

    Can also be included in the annual land supply plan plots organized on public transfer.

11th the applicant or its shareholders, legal representatives of any of the following circumstances, the land administrative departments will not accept its application for:

(A) acts that violate the land transfer contract (including the overdue payment of land transfer price, usage not in accordance with the contract work completed);

(B) there is an unhandled or idle land not under construction;

(Iii) parcel within one year before the date of assignment in advance of the public announcement to participate in pre-application activities, violating these rules the 12th, 16th, 18th and 23rd article of the Act;

    (D) prohibit by law participate in pre-approval activities in other cases.

    12th the land Administrative Department accepting applications for pre, it shall notify the applicant to confirm its commitment, the applicant shall serve notice in writing of the date in the 5th sign a pre-application confirmation and clear commitment to the content and the consequences of not meeting their commitments.

    13th in advance applicants shall, in accordance with pre-time for the confirmation of a clear commitment to pay not less than 1% promises to pay the price of land (but no more than 10 million yuan) in pre-application security.

    After the 14th applicants from paying pre-application security, the land administrative departments shall, in its announcement of the results of the portal site, but not published in advance applicants and promises to pay the price of land. 15th the land Administrative Department accepting applications, should be drawn up of the land transfer programme, approved by the people's Governments at the corresponding level following the notice of transfer, officially launched the land program.

    Transfer scheme must not alter the conditions of land use and land transaction conditions. 16th in advance applicants should participate in the preparatory to the application block's bid (bid), and quotations shall not be lower than its commitment to pay the price of land.

Pre-pre-application of the applicant has to pay security deposit and interest (the interest is calculated according to the current deposit interest rates over the same period) automatically become public transfer bid (bid) margin shortfall as stipulated in the notice of transfer required complement. Pre applicants signed pre application confirmed book Hou not by transfer announcement requirements application bid (bid), or not perform commitment led to pre application plots not sold of, pre application margin and the interest not returned, a years shall not participate in SAR within land right public transfer activities; but land administrative competent sector not by pre application confirmed book clear of commitment period organization pre application plots public transfer led pre applicants cannot perform commitment of except,

    And should be clear confirmation of application within five working days from the date of the expiration of the commitment period refund application deposit (excluding interest). 17th land administrative departments should be at least in the bidding, auction or listing start date 20th, public bidding, auction or listing transfer notice.

Notice should include:

(A) the name and address of the transferor;

(B) the transfer site location, site status, size, use, period and conditions of construction land use planning and the planned red line;

(C) tender (bidding) conditions and qualifications and qualification approaches;

(D) obtain the tender, auction or listing file, such as time, place, and manner of transfer;

(E) bid (bid) the time and place of listing, bidding terms and places, modes of tendering or bidding;

(F) the criteria for determining the winning bidder, competitive people and methods, as well as qualified to review issues;

(VII) bid (bid) security deposit the amount and method of payment, disposition;

(H) other matters need to be announced.

    Invitation to bid should be at least in the tender deadline 30th issue was invited to bid invitation for bids to.

    Article 18th bid (bid) should be based on the notice of transfer made at the request of tendering and bidding qualification, relevant documents to the land transaction Center bid (bid) formalities and payment of the bid (bid) bond. Article 19th of selling land by tender, in accordance with comprehensive scoring the highest bidder or highest bidder determine the winning bidder.

    Of selling land by auction or listing, according to the highest bidder of the principle people.

    20th article development reform administrative competent sector or about industry Park management institutions should in with to sold Hou, and signed with to right transfer contract Qian, law and bid people or competing have people signed project development agreement, on industry positioning, and investment strength, and construction scale, and construction term, and construction project progress performance margin, and project with to exit mechanism, and default responsibility, content made agreed, as with to right transfer contract of annex.

    21st construction project performance bond in accordance with standard not below the land transfer price of 20%, collected by the Department of land administration, deposited on account, and regulated by the related departments such as finance, audit, and shall not be diverted.

22nd through bidding, auction or listing obtained modern industrial use of land, the assignee shall be in accordance with the land use right grant contract and project development agreement for development and construction, are not allowed to transfer, lease.

Assignee of modern industrial land needs to be transferred, you must also comply with the following requirements:

(A) comply with the relevant State policies and land use right grant contract requirements; (B) the transferee shall conform to the land use right of the assignee under the contract of transfer eligibility requirements, and the assignee for the industry must comply with the relevant industrial policies.

Without the qualifying conditions of the assignee, the Government may by remaining life assessment of land prices and building costs cost first buy-back;

    (C) except otherwise specified in the contract of assignment of the right, not to divide the land transfer in the form of a modern industrial use of land.

23rd in prohibited activities in the modern industrial land, provided false documents, concealment, manipulation, collusion and other illegal activities.

    Violation of the provisions of the preceding paragraph made use of State-owned land is not valid; cause damage to others shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

    The 24th national staff leaking secrets in the modern industrial land activities, dereliction of duty, favoritism or other improper means exclusion of fair competition shall be given administrative sanctions constitutes a crime, criminal liability shall be investigated for their. 25th article this way come into force December 1, 2011.