Key Benefits:
(Summit No. 62 of 25 October 2006 at the 62th ordinary meeting of the People's Government of the Sea to consider the adoption of Decree No. 62 of 3 November 2006 on the People's Government Order No. 62 of 3 November 2006 for publication, effective 3 December 2006) Chapter I General Article 1 strengthens land market management, regulates land transactions, ensures the legitimacy and security of land transactions and further optimizes land resources to develop this approach in line with the relevant laws and regulations such as the People's Republic of China's Urban Property Management Act, the Land Management Regulations of the Sea-South Economic Zone and the provisions of the General Assembly Standing Committee of the People's Representatives to further strengthen land management. Article 2 Article 3 of this approach refers to the transfer, transfer, lease, mortgage and transfer of titles of land-use transactions, including land-use rights. The above-mentioned transfer of land-use rights includes the following: (i) Sale; (ii) Grants; (iii) Exchange; (iv) Changes in land use by the Land Location Unit and the establishment of corporate legal persons with others; (v) The provision of land-use rights by one party, joint ventures or cooperation by the other and changes in land-use rights; (vi) The transfer of land-use rights due to the acquisition, merger or separation of enterprises; (vii) Reimbursement of debt with land-use rights; (viii) Other cases provided for by law, regulations. Article 4 Article 5. The Government of the city has established a land transaction market as a specialized place for land-use transactions. The land trading market should have the following functions: (i) Provide transaction sites. Provision of sites for land-use transactions, interviews, solicitation, exhibitions, and solicitation, auctions, wallboard transactions; (ii) Transactions. To establish a service window for institutions such as the local price assessment results, the transaction of aggrieved, tax charges, land registration certificates; (iii) Provide transaction information. The publication and provision of information on land supply and demand collection, storage, issuance of land transactions, trade results, provision of land policy regulations, land market management rules, and land-use investment direction counselling. Article 6. The municipal land administration authorities are the authorities responsible for land-use transactions and are responsible for the administration of land-use transactions and oversee the management of land transactions markets in accordance with the law. The authorities, such as municipal finance, planning, construction, housing, inspection, State asset management, and government investment management, should work together to manage land transactions in line with their respective responsibilities. Article 7 The primary responsibility is: (i) Follow-up on land management laws, regulations, regulations and policies to implement specific construction plans and management objectives in land trading markets; (ii) Substantive and technical work for the specific implementation of land-use transactions; (iii) To accept the authorization of the authorities and natural, legal and other organizations to specifically implement the right to land use, lease, transfer of tenders, auctions and wallboard transactions; (iv) To collect, collate, store, report, issue information and trade results for land transactions; (v) Other matters entrusted by the Government of the city and the municipal land administration authorities. Chapter II Article 8 This approach refers to the solicitation transactions referred to by the municipal land administration authorities, through the publication of solicitation notices or invitations to tenders, to invite specific or non-specified bidders to participate in the land-use transaction tenders, and to determine the conduct of the markers in accordance with the outcome of the tender. The approach refers to the auction transactions referred to by the municipal land administration authorities, through the publication of a notice of the auction, which is openly competitive by competing buyers at the designated time, at the location, to determine the behaviour of the highest price holders. This approach refers to the fact that the municipal land administration authorities, through the publication of a wallchmark, will publish the transaction conditions for the proposed transaction area in the land transaction market or on-line walls, accept the purchaser's request for quotations and determine the conduct of the competitionee in accordance with the results of the award at the time of the deadline of the wall. The approach refers to the transaction referred to in the agreement, which refers to the transaction of a transferee, lessee and mortgage-holders by the owner of the land-use holder or the right-to-ground. Article 9. The following land-use transactions shall enter the land transaction market and shall be undertaken, including through tendering, auctions, wallboard transactions: (i) State ownership of land use in various types of operating land, such as commercial, tourist, recreational and commodity homes; (ii) After the publication of the land other than the area of operation, the same landowner's ownership of land use has been granted or leased after the publication of the land-use plan; (iii) State-owned enterprises, collective enterprises and public-owned enterprises or companies authorized to sell national land-use rights, market access units with national land-use rights, develop or meet the debt with State-owned land-use ownership; (iv) The Government of the people with the approval authority to authorize the sale of land-use rights, the transfer of land-use-use-rights-to-use access units, the development or transfer of land-use-use-rights-reimbursable debts in cooperation with the transfer of land-use rights; (v) Removal construction projects involving transfer of land-use rights; (vi) People's Court of Justice's judgement or decision to sell land-use residue liabilities; (vii) Transfer of land-use rights for the realization of mortgage rights; (viii) Other cases provided for in laws, regulations, regulations and regulations. Article 10 However, there is a specific social, public good-building condition or a special requirement for local projects, which may be subject to solicitation transactions. Article 11. Land-use rights or other land rights transactions that are outside the provisions of article 9 of this approach may be carried out by an agreement. Article 12, paragraph 2, subparagraph (i), (vii) of this approach shall be subject to the following conditions: (i) In accordance with the contract agreement, all land-use rights have been paid and a land-use certificate; (ii) Investment development in accordance with the contract agreement, which is part of the construction of houses, has been completed by more than 25 per cent of the total investment in development; it is part of the development of land in the form of industrial land or other building land conditions. Article 13 provides for the acquisition of State land-use rights by means of making it possible for land-use rights holders to perform transactions under article 3, paragraph 2, subparagraphs (ii), (iii), (iv), 5 and (vi), of this approach, without limitation under article 12 of this approach. Article 14 states that land-use rights or other land rights shall not enter the land transaction market. (i) The lack of legal registration of the right to a certificate or the right to land is unclear and controversial; (ii) Received land (concluding overtake rates, changing land use but not relocating land by provision); (iii) The judiciary, the executive branch shall limit land-use rights or other land rights by law; (iv) Removal of land-use rights by law; (v) Shared land-use rights or other land rights without written consent from others; (vi) Other cases where the transaction is prohibited by law, legislation and regulations. Chapter III Trade rules Section I General provisions Article 15. The rules governing land-use transactions do not provide for the application of provisions such as the “Release of tender auctions” (No. 11 of the Ministry of Land Resources) of the solicitation auction to regulate the use of national land use rights, the agreement to give national land-use rights norms. Article 16 states land use rights are granted or leased by tendering, auctions, wallboard transactions, and municipal land administration authorities should conduct clearance proceedings before landing, developing work programmes for tendering, auctions, wallboard transactions, and entrust land trading agencies to organize transaction activities in accordance with their work programme. Article 17 The right to land use is transferred by means of solicitation, auctions, wallchmark transactions, and the land-use authority should apply to the municipal land administration authorities for the processing of the transaction approval process and entrust the land trading agencies to carry out transaction activities in accordance with the commissioning of transactions contracts. Article 18 Land-use holder entrusted land trading agencies with carrying out land-use transactions and should enter into commissioning contracts. The commissioning of transactions contracts should include commissioning matters, methods of transactions, trading floors, time frames, commissioning transaction services costs and default liability. Article 19 deals with the use of land-use transactions in a manner such as tendering, auctions, wallchmarks, etc., and land trading agencies shall prepare tenders, auctions, wallboard documents, based on a work programme or a transaction contract commissioned. The solicitation, auctions, wallchmarks trading documents should include solicitation, auctions, notices of the transaction, tenders or competing buyers, maps, land use conditions, tenders or competing purchases, quotations, and confirmations. Article 20 shall publish a land transaction solicitation, auctions, wall sheets, at land transaction sites and at the municipal land administration website, the Sea South Day Bulletin, and the Haoto. The bidder, the competition buyer's bids and competing purchases are considered to be the subject of solicitation, auctions, wallboard trade documents. Article 21 quantifications and auctions of tendering transactions, initial prices, floor prices, floor prices, and floor prices should be consolidated in accordance with the cost of land, approved baselines, conditions in the area and the length of use, planning design conditions, government industrial policies and land demand. The subset or starting of the transfer of land-use rights, the starting price and the bottom is determined by the transaction commissioner and the trading body as provided in the preceding paragraph. Article 2 gives concessions, leases of State land use rights in the form of tenders, and is subject to approval by a designated body of the Government of the commune, review of the qualifications of tenderers, preside over the opening, evaluation and demarcation process and identify the marker. Article 23, a bidder, a competing buyer, after presenting a bid, auction, a wallboard transaction activity, objected to other bidders, a competitive buyer's qualifications or the related documentation material submitted, should be submitted in writing to the land transaction body by 48 hours prior to the start of tenders, auctions, wallboard trade activities; late submissions and inadmissible. Land trading institutions shall written responses to the objections made by tenderers and competing buyers prior to the commencement of tenders, auctions, flag trading activities. Article 24 (i) The occurrence of force majeure; (ii) Significant changes in the objective circumstances on which land use is based do affect the public interest of society; (iii) The judicial, inspectorate, whose case is actually required to suspend transactions; (iv) The solicitation of tenderers or competing buyers requires time to investigate or clarify; (v) Other circumstances in which the transaction should be suspended by law. In the event of a suspension, the land trading body shall notify the parties to the transaction in writing. After the termination of the situation, the land trading agencies should resume transactions in a timely manner and notify the parties to the transaction in writing and the time period for the transaction. Article 25 (i) No bidder and a competition buyer were present at the deadline of submission; (ii) The transaction price does not meet the threshold or floor; (iii) The negotiators or competing buyers have an impact on fair and fair transactions through illegal means such as false, malicious collation or bribery; (iv) Other circumstances in which the transaction should be terminated by law. In the case where the transaction does not meet the tenders, auctions, wallch floors, it shall not be delivered, and the municipal land administration or commissioner may reorder the transaction arrangement. Article 26 conducts land transactions by means of an agreement, and the parties to the transaction shall enter into a transaction contract and, within 30 days of the date of the transaction contract, apply to the municipal land administration authorities for the processing of the transaction approval and modification of registration procedures. Section II Special provisions Article 27 assigns the transfer of land-use rights and, with the approval of the Government of the people with approval by the municipal land administration authorities, transfers must be made subject to solicitation, auctions, wallboard transactions, in accordance with the relevant provisions of article 16 of the present approach, and transfers by agreement, in accordance with the relevant provisions of article 26 of this approach. Article 28 provides for the transfer of State-owned enterprises, collective enterprises and national land-use rights of enterprises or companies that are dominated by the public economy shall be submitted to the relevant sector for approval. Article 29 collaterales require the sale of mortgages on land use and on-site buildings, constructions, consignments and consignments, and, when applying for transfers, the credit judicial instrument or mortgage-holders and the collateral-collateral agreement on the disposition of mortgages and the assessment reports endorsed by both parties. Article 33 grants are granted to land-use rights and, when applying for transfers, shall be submitted to the public evidence instrument or to the relevant legal instruments in force. When the People's Court seized the right to land use, the municipal land administration authorities should inform the People's Court in writing that the obligation to sell land-use residues should be governed by the procedures and rules set out in this approach. Article 32 of the People's Court ruled that the obligation to sell land-use residues had been transferred by the People's Court to enter into a contract for the commissioning of transactions with land trading agencies, and entrusted the land trading agencies to organize transaction activities in accordance with the commissioning of transactions contracts. The People's Court has entrusted the right to land for sale by tendering, auctions, wallchmarks to deal with the sale of the land-use rights by issuing a notice of transaction, with no reported participation in the solicitation, auctions, walls or auctions, and the People's Court may re entrust the Land Trading Agency with the organization of tenders, auctions, walls and sales, or directly determine the payment of the debt by land use. Chapter IV Oversight inspection Article 33, Land Administration authorities and land trading agencies should simplify procedures based on statutory powers and procedures to achieve equity, justice, strictness and efficiency. Article 34, land trading agencies should communicate land-use transaction rules, operating procedures, service commitments, staff codes, etc. in land transaction sites. The applicant requests the authorities or land trading agencies to provide clarifications and explanations of the content, and the authorities should clarify, explain and provide accurate and reliable information. Article 335 Land transaction agencies should strictly grant fees in accordance with the standards approved by the State's relevant provisions and price administration authorities, and no additional charges and the cost-sharing criteria should be taken. The fees of land trading institutions should be subject to the supervision of municipal finances, auditing administrative authorities. Article XVI governs land administration authorities and land trading agencies to carry out land-use transactions and shall be subject to the supervision of the municipal administrative inspection authorities in accordance with the law. Article 337, the municipal land administration authorities and land trading agencies carry out land-use transactions, should be monitored by society and citizens. All units and individuals have the right to sue and prosecute violations in land-use transactions. The municipal administrative inspectorate and the relevant authorities should establish reporting boxes and telephones at land transaction sites to receive popular monitoring and reporting. Chapter V Legal responsibility Article 33 is one of the following cases, which is being rectified by the municipal land administration authorities, which are not processed by land registration procedures: (i) In accordance with this approach, land-use rights that should enter the market transaction of land transactions are not market-based; (ii) No land-use transaction in accordance with the normative requirements and modalities of this approach; (iii) A bidder or a competing buyer to make a false and malicious collation; (iv) Other cases provided for by law, regulations. Paragraph 1 (i) of the former paragraph may be administratively disposed of and administratively disposed of by the competent and other direct responsible persons directly responsible for the units concerned; constitutes an offence and criminal responsibility by the judiciary. Article 39, after a bidder, a competing buyer or a competing land-use right, rejects the signing of a confirmation or transaction contract, abandons the mark or a competing place, its tenders, competing buyers' performance bonds are not returned and should assume the corresponding responsibility for default, and the municipal land administration authorities may revoke their eligibility to apply for participation in the use of land-use tenders, auctions, wallboard transactions within three years. Article 40 concerning the acceptance of bribes, disclosures, wallding transactions by competent authorities and service providers, in the event of land-use tendering, auctions, wallching transactions, insecure, insecure and invoking private fraud, by law, and criminal responsibility by law; and liability should also be borne in the event of economic losses to competing buyers or tenderers. Annex VI Article 40. Specific implementation rules for land transactions are developed by the municipal land administration authorities. The specific application of this approach is explained by the municipal land administration authorities. Article 43 |
