Haikou City Land Transaction Management

Original Language Title: 海口市土地交易管理办法

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(October 25, 2006 in Haikou municipal people's Government, the 62nd Executive meeting announced on November 3, 2006 in Haikou municipal people's Government, the 62nd since the December 3, 2006) Chapter I General provisions article for strengthening land market management, standardized land transactions to ensure the legitimacy of transactions and security, optimized allocation of land resources, in accordance with the People's Republic of China on urban real estate administration law, the special economic zone of Hainan land administration and other relevant laws and regulations and
    The Haikou city people's Congress Standing Committee on further enhancing land management several provisions of the decision on issues, combined with the city's actual, these measures are formulated.
    Article within the administrative area of the city land transactions governed by this approach.
    Article III land transactions included in these measures of land transfer, assignment, lease, mortgage and transfer, pledge of land exchange entitlements.
    Qian paragraph by said land right transfer including following case: (a) sold; (ii) gift; (three) Exchange; (four) to land pricing shares, and and others established corporate, occurred land right change of; (five) party provides land right, another party provides funds joint venture or cooperation, occurred land right change of; (six) for enterprise was acquisition, and merger, and merged or Division, land right with of transfer of; (seven) to land right satisfaction debt of; (eight) legal, and regulations provides of other case.
    The fourth land trade should follow public, the principle of fairness, justice, honesty, no unit or individual may illegally interfere.
    Fifth of municipal people's Government set up the land market, as special places of the land transactions. Land market shall have the following functions: (a) provide trading floors. For land transactions, negotiation, investment, fairs and other activities and inviting public bidding, auction and listing provides venue; (b) the transaction. For premium assessment results for the record, transfer transactions, tax, land registration and certification bodies such as Central Office set up the service window, (iii) provide transaction information.
    Published and made available the land supply and demand information, collect, store, publish, land trading market, the trading results, providing land policies, land management rules, land use, investment consulting.
    Sixth of municipal land administration land trading activities by the competent authorities responsible for land-use rights trading administrative licensing work, and shall supervise the land market.
    Construction, real estate, financial, planning, monitoring, State-owned assets management, investment management and other competent authorities of the Government shall, in accordance with their respective responsibilities, in collaboration with good management of land transactions. Article seventh land deal approved by the municipal people's Government institutions are land transaction services.
    Its main duties is: (a) implementation land management legal, and regulations, and regulations and policy, specific implementation land trading market of construction plans and management target; (ii) specific implementation land right trading of transactional and technical work; (three) accept competent sector and natural, and corporate and the other organization of delegate, specific implementation land right transfer, and rental, and transfer of tender, and auction and tone trading work; (four) collection, and summary, and store, and reported, and released land trading supply and demand information and trading results;
    (E) the contractor commissioned by the municipal people's Government and the Municipal Department of land administration matters.
    Eighth chapter deals and conditions of land transactions shall take bidding, auction and listing of transactions and agreements.
    Tender transactions in these measures, refers to the land administrative departments of the city through the issuance of tenders or request for proposal, specific or not specific bidders shall be invited to bid on land transactions, according to the bidding result determines the behavior for the winning bidder.
    Auction in these measures refers to city land administrative departments by issuing the auction notice, time and place specified by the bidder in an open bid, determine the highest price for the actions of people.
    Trading in these measures refers to city land administrative departments listed by publishing notices, as stipulated in the notice deadline of the intended transaction to transaction conditions in land trading market or online in Yangshuo, for application by the bidder's offer, according to the tone of the term at the end of the bids to determine human behavior.
    Agreements in these measures, refers to land or negotiate land exchange entitlements of beneficiaries to find the assignee, lessee, mortgagee's transaction. Nineth article following land right trading should into land trading market, take tender, and auction, and tone trading, way for: (a) commercial, and tourism, and entertainment and commodity residential, various business sex with to of State-owned land right transfer or rental; (ii) business sex with to yiwai of land in for to plans announced Hou, same cases land has two a above intention with to who of State-owned land right transfer or rental; (three) State-owned enterprise, and collective enterprise and public economic ingredients accounted for led status of enterprise or company by approved,
    Sold State-owned land right, and to state-owned land right pricing shares, and to state-owned land right Associates cooperation development or to state-owned land right satisfaction debt of; (four) by has approved right of Government approved sold allocated land right, and to allocated land right pricing shares, and to allocated land right Associates cooperation development or to allocated land right satisfaction debt of; (five) disposal stopped postponed engineering involved land right transfer of; (six) Court judgment or ruled sold land right settlement debt of;
    (VII) transfer of land for realizing the mortgage right and (VIII) other circumstances provided for in laws, regulations, rules, etc. Tenth Article Nineth land transactions herein, mainly through auction, traded, there are three or more units or registration of natural persons involved in the transaction should be taken to auction.
    But to have a particular social and public utility conditions or have special requirements for land use projects, tender transactions can be taken.
    11th Nineth herein provisions of land use rights or other interests in land transactions, agreements can be adopted.
    12th article this approach third article second paragraph subsection (a), and (seven) items provides of land right trading, should meet following conditions: (a) according to transfer contract agreed has paid all land right transfer gold, and made land right certificate; (ii) according to transfer contract agreed for investment development, belongs to housing construction engineering of, completed development investment total of 25% above; belongs to acres development land of, formed industrial with to or other construction with to conditions.
    13th obtained by transfer of State-owned land use rights, land from the date of obtaining the land, these measures can be carried out the second paragraph of article III (b), (c), (d), (e), (f) provision of transactions, their land-use rights trading conditions are not subject to the restrictions provided for in article 12th.
    14th article has following case one of of, land right or other land interests shall not into land trading market trading: (a) not law registration made ownership certificate or land ownership not clear, and has dispute of; (ii) owes paid land transfer gold (containing Super volume rate, and change land uses but not by provides fill make land transfer gold of) of; (three) judicial organ, and administrative organ law limit land right Lee or other land interests of; (four) law needed recovered land right of;
    (E) total of land-use rights or other interest in land without the written consent of the other co-owners and (vi) other laws and regulations prohibit transactions.
    Chapter III rules section I General provisions article 15th rule of land transactions, this approach is not specified, application of the bidding auction of State-owned land regulations (Ministry of land and resources, the 11th) the specification for tender auction of State-owned land and the assignment code for State-owned land and other relevant provisions of the agreement.
    16th section land bidding, auction and listing ways to sell or lease, city land administrative departments should handle land pre approval procedures, development of bidding, auction and listing the implementation of the programme of work, and delegate to the land transaction in accordance with the implementation of the programme of work of organizations of land transactions activities.
    17th land use rights through bidding, auction and listing transfer, land use right shall be to the city's land administrative departments to apply transaction approval, and entrusted the land transaction in accordance with the principal contract organization to carry out trading activities.
    18th land land institutions entrusted to carry out land transactions, shall sign an agency contract.
    Commission contract shall include the principal matters, transactions, and transaction price, time limits for Commission services, liability for breach of such content.
    19th through bidding, auction and listing of land transactions, such as transactions, land transaction agency implementation of the work programme should be based on land transactions and Commission contracts, preparation of bidding, auction and listing files.
    Bidding, auction and listing file should include tendering, tender or bid, auction and listing bulletin notes, maps, land use conditions, tenders or bids, quotes, confirmation of the application.
    20th land institutions should be on the land exchange, land administration departments, and Web site, the Hainan daily, the Haikou evening news published on the land deal bidding, auction and listing announcement.
    Bidder, bidder sign up for bidding, bidding, as acceptance of the bidding, auction and listing the contents of the file.
    Article 21st tender transaction base price of land parcels and auctioned, traded to the starting price, the starting price, reserve price, based on the costs of land, should be approved land parcel of land, location and age, planning and design conditions, government policies, as well as land supply and demand and other factors identified.
    Land base price or price, the starting price, reserve price by trading clients and trading bodies established in accordance with the provisions of the preceding paragraph.
    22nd transfer, lease of State-owned land by tender and bidding of the agency designated by the municipal people's Government, reviews the qualifications of bidders, presided over the bid opening, evaluation and calibration work, determining the winning bidder.
    23rd a bidder, bidder sign up for bidding, auction and listing after the transaction, the other bidder, the bidder's qualifications or relevant documentation submitted objection, should be tender, auction, trading activity in writing 48 hours before the start of the land trade group made of late, is not admissible.
    Land traders should be tender, auction, trading activity before the start of the bidder, bidders raised objections in writing.
    24th article land right tender, and auction, and tone trading process in the, has following case one of of, can suspended trading activities: (a) occurred force majeure event of; (ii) land using by according to of objective situation occurred major changes, does effect social public interests of; (three) judicial, and monitored organ for handle case does need suspended trading of; (four) on bid people or bid people proposed of objections need time for survey or clarified of; (five) law should suspended trading of other case. A pause, land trader shall inform the parties in writing.
    After a suspend or eliminate, institutions should resume trading of land transactions and notify the parties in writing, trading deadline be extended.
    25th article land right tender, and auction, and tone trading has following case one of of, can terminated trading activities: (a) to registration as day not has bid who, and bid who registration of; (ii) trading price not reached bid or upset of; (three) bid people or bid people fraud, and malicious collusion prices or to bribe, illegal means effect fair, and just trading of; (four) law should terminated trading of other case.
    Transaction does not meet the reserve price bidding, auction and listing of land shall not be sold, Department of land administration or principal trader will again trade arrangements.
    Article 26th trading in land transactions by agreement, both parties shall enter into a contract, contracts and agreements signed within 30th of to the city's land administrative departments to apply transactions approval and registration procedures.
    Section II special provisions article 27th allocated land-use right transfer, the land administrative departments audited by the city and have the right of approval of the people's Government for approval, is must be transferred through bidding, auction and listing transaction, according to the relevant provisions of article 16th; be transferred to agreements, according to the relevant provisions of article 26th.
    28th State-owned enterprises and collective enterprises as well as public ingredients dominate the enterprise or company of State-owned land-use rights should be submitted to the approval of the transfer of the relevant departments when the application for the transfer of files.
    29th the mortgagee for the realization of mortgage right to require sale of the mortgaged land tenure and above-ground structures, buildings, fixtures, in the application for the transfer of debt or judicial documents shall be submitted in force when mortgagee with the mortgagor to dispose of the collateral agreement reached and agreed assessment report.
    30th gift land, notary public notary shall be presented in the application for the transfer of instruments or the legal instruments in force.
    31st when people's court seized land, city land administrative departments shall notify the Court that required ruling to sell land to pay off debts, procedures should be in accordance with the means and rules and regulations.
    32nd people's Court convicted of selling off land to pay off debts, land trading conditions after it has been approved by the people's courts and agencies sign an agency contract of land transactions, principal land transaction in accordance with the Commission contract organizations to carry out trading activities.
    Delegate to the people's Court bid, auction and listing transactions sale of land after the announcement on the release, no one signed up for bidding, auction and listing or auction, the people's Court may again entrust organized bidding, auction and listing to sell of land transactions, or you can directly land ruled to satisfy debts.
    Fourth supervisory checking article 33rd of land administrative departments and institutions in the implementation of land-use rights trading activities in land transactions should be in accordance with the statutory powers and procedures, simplify administrative procedures, to be fair, fair, strict and efficient.
    Article 34th trading institutions should land rules, operating procedures, service commitments, staff codes of land exchange public.
    Applicants request the competent department or agency publicized description, explanation of land transactions, the departments concerned should indicate, explain and provide accurate and reliable information.
    35th land institutions should be strictly in accordance with the relevant provisions of the State and prices approved by the administrative departments of charges and without additional fees and increased fees.
    Land transactions of charges shall accept the municipal finance and audit administrative departments of supervision and inspection.
    36th city land administrative departments of institutions to implement land transactions and land transactions activities, administrative supervision, shall be subject to the supervision of the competent authorities according to law.
    37th city land administrative departments and trading institutions to implement land-use right of land transactions, should consciously accept the supervision of society and citizens. No unit or individual shall have the right to land transactions report, complaints of violations committed.
    Administrative supervision departments and related departments should set up telephone hotlines to report box and in land exchanges, accept the masses ' supervision and reporting.
    Fifth chapter legal responsibility 38th article has following case one of of, by city land administrative competent sector ordered corrected; late not corrected of, not handle land registration procedures: (a) in accordance with this approach should into land trading market trading of land right not into market trading of; (ii) not according to this approach of specification requirements and way for land right trading of; (three) bid people or bid people fraud, and malicious collusion of; (four) legal, and regulations provides of other case.
    The preceding paragraph (a) can be given administrative punishments according to law the authorities directly responsible for the person in charge and other persons directly responsible shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    39th bidder, bidder the winning bidder or after acquired land use rights, refused to sign a letter of confirmation or transaction contracts, give up the winning bid or bid, bid, bid performance bond shall not be refunded and shall bear corresponding liability for breach of, land administrative departments of the city can cancel again in three years to apply for land bidding, auction and listing qualifications.
    40th on the staff of the authorities and services in land bidding, auction and listing activities, accepting bribes and leaking secret, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law; to bidder or the bidder shall also be liable for causing economic losses.
    Sixth chapter supplementary articles article 41st land transaction specific implementing rules enacted separately by the Municipal Department of land administration.
    42nd to specific problems in the application of these measures by the city's land Administrative Department is responsible for the interpretation.
                                                                            43rd these measures shall come into force on December 3, 2006.

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