Changchun bid auction of State-owned construction land use right approach
(July 22, 2010 Changchun Municipal People's Government at the 29th Executive meeting on July 22, 2010 Changchun Municipal People's Government promulgated as of September 1, 2010, 11th) first to standardize the bidding, auction or listing sold State-owned construction land, optimize the allocation of land resources, land use system in an open, fair and just, according to the provisions of the relevant laws, rules and regulations, combined with the city's actual, these measures are formulated.
Article in urban area of the city, through bidding, auction or listing sold in the land surface, ground or ground to set up state-owned construction land, these measures shall apply.
Article city land resources authorities (hereinafter referred to as the transferor) is responsible for the use of State-owned land in the urban area of the city bidding, auction or listing sold implementation of the activities of the organization.
Municipal development and reform, finance, construction, planning, housing, monitoring departments shall, in accordance with their respective responsibilities, legal bidding, auction or listing sold State-owned construction land-related work.
Article fourth bid in these measures use of State-owned land, is the one that get published a tender notice inviting specific or not specific natural persons, legal persons and other organizations to bid on State-owned construction land, State-owned construction land according to the tender results of human behavior.
Auction in these measures use of State-owned land, is the one that get published auction announcements, time and place specified by the bidder in an open auction, State-owned construction land according to the highest price of human behavior.
This approach by said tone transfer State-owned construction with to right, is pointed out that let people released tone announcement, by announcement provides of term will intends transfer cases to of trading conditions in specified of land trading places tone announced, accept bid people of quotes application and update tone price, according to bid people in tone term within as Shi of highest quotes or site bidding results determine State-owned construction with to right people of behavior.
Article fifth tender, auction or listing sold State-owned construction land shall follow the openness, fairness, impartiality and good faith principles.
The sixth industrial, commercial, tourism, entertainment and housing for business purposes as well as more than two of the same intention of land should be sold through bidding, auction or listing ways.
Provided for in the preceding paragraph includes storage space for industrial use, but does not include land used for mining.
Article seventh transferor shall, in accordance with economic and social development planning, industrial policy, land use planning, land-use planning, urban planning and land market, preparation of the annual plan for the State-owned construction land transfer, reported to the municipal people's Government for approval, to the public in a timely manner.
Eighth transferor shall, according to the State-owned construction land transfer annual plan, planning, premises and other relevant departments, has developed, in conjunction with the proposed bidding, auction or listing sold plots of land transfer programme, approved by the municipal organization.
State-owned construction land transfer programme includes: intends to transfer four to plot the exact location, scope, use, size, duration of use, planning, land-use conditions, supply and so on.
Nineth State-owned construction land bidding, auction or listing before the transfer, the transferor shall entrust a qualified intermediary with appropriate land assessment organizations to sell plots of land price evaluation. Transferor pursuant to land valuation results and policy composite base price or reserve price.
Determine the bidding, auction or listing price, starting price, reserve price and increasing prices, should be collective decisions.
The reserve price of the bidding or auction listing, in front of the tender bids or auction activity which should be kept confidential before the end.
Assignment of the assignor shall, in accordance with article tenth block, preparation of tender, auction or listing transfer documents.
Tender, auction or listing transfer documents shall include the following:
(A) the notice of transfer;
(B) the notice to tender or bid;
(C) application for tender or bidding style;
(D) the bid quotation style;
(E) land site map;
(Vi) construction planning conditions and conditions of real estate development project submissions;
(G) notification or confirmation style;
(H) the use of State-owned land use right grant contract specifications;
(IX) other relevant documents.
11th the transferor should be tender, bidding starts 20th issue to the community before bidding, auction or listing State-owned construction land notice with the announcement date as the starting date for the first time. People need to change the tender, auction or listing announcement, should make supplementary tender bid starting date of 15th bulletin.
Issue a supplementary announcement, the transferor shall notify the registration, bidding, bid on the applicant.
12th industrial land to implement pre-announcement system.
Industrial land through the construction of projects with the pre, test report and land compensation in place, the assignment can be based on planning conditions issue a tender, auction or listing sold pre announcement. Assignment of the 13th person in State-owned construction land bidding, auction or listing sold notice shall not affect the limits of fair and equitable competition conditions set. Listing sold, transfer application deadline specified in the notice, shall as a listing sold two days before the end.
To conform to the tender, auction or listing conditions specified in a notice to the applicant, the transferor shall notify him to participate in the bidding, auction or listing transfer activity.
14th state-owned construction land bidding, auction or listing sold notice should include the following:
(A) the name and address of the transferor;
(B) the transfer range, seating position, four blocks of land status, size, duration of use, conditions of use and planning;
(C) the bidder, bidder qualifications and applied for tendering and bidding qualification approach;
(D) the assignment of the bidder, the bidder to obtain file time, place, manner;
(E) the tender, auction or listing time, place, duration, method;
(F) storage bid, bid amount and manner of surety;
(G) the criteria for determining the winning bidder, competitive people and ways;
(H) other matters need to be announced.
15th natural persons, legal persons and other organizations, unless otherwise provided by laws and regulations, may apply for the use of State-owned land bidding, auction or listing sold activities.
Land for real estate development the bidder, the bidder shall have the appropriate real-estate development qualification. 16th a bidder or the bidder shall comply with the requirements of the time bidding, bidding deposit deposit the full amount of the transferor to the specified bank account.
Gain the winning bidder, competitive bidding, bidding deposit can be retained as State-owned construction land transfer price.
Unsuccessful or unfinished state-owned construction land use right of the bidder, bidder bids, bid bond, the assignor must tender, auction or listing be returned within five working days after the activity is over.
Bidders, bidders stores tenders, bidding deposit, without interest.
17th a bidder, bidder shall bid, bids submitted before the application deadline, bidding, bid on the application, and submit the following documents:
(A) application for bidding, bid, quote;
(B) valid identification document;
(C) the authorization documents and notarial certificates;
(D) tenders, bidding deposit pay vouchers;
(V) belongs to the real estate development business bidder, the bidder shall provide proof of qualification of real estate development enterprises;
(Vi) other required files. 18th the transferor shall entrust the notarial Office of bids, bid on the eligibility of the applicant.
To meet the required conditions, the assignor after the qualifying, issuing tenders, bid confirmation of qualification.
After the bidding, bid on the qualifications of the applicant, select bidding, the paddle.
19th assignor should be the bidder intends to sell land-related information provided by bidders, and to facilitate their information about query plans to sell plots. 20th a bidder, bidder for bidding, auction or listing status of transferring files and block objectionable, should be submitted before the bid, bid.
Where a bidder's bid documents into tender box or the bidders to participate in bidding price, are considered to be no objections.
21st bids, bids in accordance with the following procedures: (A) the bidder prior to the tender closing time tenders into the subject box. Tender notice allows mail bids, bidders could be sent, but effectively received by the transferor prior to the bid closing time. After the tender into the TEU, irrevocable.
Bidder bids and written commitments should be held responsible; (B) the transferor in accordance with the provisions of the tender notice time, place bids, and reviewed by qualified bidders shall be invited to participate in. By the bidders or their elected representatives check the seals of standard containers, open standard containers in public, count the tenders. Less than three bidders, the assignor shall terminate the tender.
Not less than three bidders, bidders should be declared number plate, the tender price and the main content of the bidding documents; (C) Evaluation Committee evaluation. Evaluation by the assignor on behalf of the Committee, relevant experts, are five or more members in the singular. Bid Assessment Committee may request that the bidder in the tender documents and to make the necessary clarifications or explanations, but clarification or information shall not exceed the bid document scope or change the substantive content of the bidding documents.
Evaluation Committee shall, in accordance with the tender documents to determine bid evaluation criteria and methodology, review the bidding documents; (D) the transferee according to the evaluation results, determine the winning bidder.
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 shall be determined to be the winning bidder.
22nd auction activity in accordance with the following procedures:
(A) host of the auction bidder count;
(B) the comperes of auction the auction area, four to the range, scope, status, purpose, duration, index terms, start and completion time, and other related matters; (C) the host announced the auction bidding rules and prices, and price range.
No reserve price, should be clearly prompted;
(D) the host quoted price of the auction;
(E) the bidders bid or quote;
(F) auction chairpersons confirmed the price or offer to continue bidding;
(G) the auction facilitator, announced three times in a row the same price or quote had not bid or quote, host of the auction gavel auction;
(VIII) the moderator announced that the highest price of the auction or offer for people. 23rd bidder's maximum bid or offer price is not reached, the auction facilitator shall terminate the auction.
Auction host adjusted according to the bidders in the auction bidding auctions and price ranges.
24th listing sold in accordance with the following procedures:
(A) listed in Bulletin of the listed start date, transferor will be listed in the area, four to the range, scope, status, purpose, duration, index conditions, start and completion time, starting price, the bidding rules and increase prices, listed in bulletins released under land exchange listing;
(B) the eligible bidders to fill out quote quotes;
(C) the tone of the host to confirm the offer, update the display tone;
(D) the listed hosts listed in bulletin tone of cutoff time of people. 25th article listing sold no less than 10th.
Listing period can be adjusted according to the bidders bid and price range. Article 26th listing expires, by the tone of the host site announced the highest offer and quotation and ask bidders willing to bid. Bidders expressed their willingness to continue bidding, increase a fare increase into the scene after bidding by bidding on site determined people.
Listed host called out three times in a row the highest tone, no bidder expressed their willingness to continue bidding, determines whether the transaction in accordance with the following provisions:
(A) during the term of listing only one bidder offers, and offers no less than the reserve price, and meet other requirements, listed transaction;
(B) during the term of the tone of two or more bidders offer, highest bidder to bid people offer the same, submit quotes for people, but except with the bid below the reserve price;
(C) during the term of the tone without price or bidder's bid is below the reserve price, or does not comply with other conditions, the tone or no deal.
27th through bidding, auction or listing after the winning bidder is determined, competitive people, people should be sent to the winning bidder the winning bidder notification or acquired a signed confirmation letter.
Winning notification or confirmation of the transferor and the winning bidder or the person having the force of law.
Industrial land to implement pre-announcement, State-owned construction land purchase confirmation date is subject to land requisition and approval authority approval date.
28th-winning notification or confirmation shall include the following information:
(A) the transferor and the name of the winning bidder and the bid (name), address;
(B) assignment number parcel of land plots and areas;
(C) the bid or the time and place of the transaction;
(D) the amount of the contract price;
(E) State-owned construction land transfer contract signed by time and place;
(F) breach of contract and dispute resolution;
(VII) other promise. 29th winning bidder, bid shall be in accordance with notification or confirmation set time, and one State-owned construction land transfer contract signed.
Is not signed within the time stated in the State-owned construction land transfer contract, considered giving up the winning bidder, bid qualifications and bear liability, bidding, bidding deposit will not be refunded.
Article 30th tender, auction or listing after the event, the assignor shall, within ten working days will be bidding, auction or listing sold results in the tangible land market, the media.
People publish the results of transfer shall not be charged against the assignee.
31st article to the assignee in accordance with State-owned construction land transfer contracts pay land transfer price, before they can apply for land registration, receiving State-owned construction land use right certificate.
Not complying with the contract of transfer all land transfer price paid, State-owned construction land use right certificates shall not be issued, nor proportional to the selling price to pay segmentation issue the State-owned construction land use right certificate. Articles 32nd to tender, auction or listing State-owned construction land transfer, the winning bidder or the bid shall be in strict accordance with the contract of assignment of the right to use the land for State-owned construction land, without changing the application.
Really necessary to change of land use, shall be approved by the Municipal Planning Department and Planning Department, land and resources administration, to go through examination and approval procedures, sign a new State-owned construction land transfer contract and sign a new State-owned construction land transfer contract payment of the land price. Article 33rd land market forecasting and trading system.
Meet the conditions for land transactions, approved by the municipal Bureau of land resources administration before they can conduct transactions on land trading conditions are not met, municipal housing authorities not for property transfer. 34th winning bidder, competitive people hide the truth and providing false documents, or by bribery, collusion and other illegal means to bid or bid, bid, bid results invalid; losses caused, the successful tenderer shall bear the liability of the person, bid.
Constitute a crime, criminal responsibility shall be investigated according to law.
35th of municipal land and resources administration staff in the bidding, auction or listing sold dereliction of duty, abuse of authority or engages in the activities constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
36th through bidding, auction or quotation of leasing State-owned construction land, reference to these measures.
37th in each County (City) State-owned construction land bidding, auction or listing sold may refer to these measures. 38th article of the rules take effect on September 1, 2010. Changchun City, December 10, 2002, the State-owned land bidding, auction rules repealed simultaneously.