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Urban Land Purchase And Reserve In Jilin City Auction Approach

Original Language Title: 吉林市城镇国有土地收购储备招标拍卖办法

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(Reviewed at the 58th ordinary meeting of the People's Government of Chilin on 19 March 2002 by publication No. 130 of the People's Government Order No. 130 of 27 March 2002)

Article 1 establishes a government land acquisition reserve system that regulates the solicitation, auctions of State land tenure or leases, in accordance with the provisions of the relevant laws, regulations and regulations, to develop this approach in conjunction with the current market.
The acquisition of State-owned land in the city's administration area is governed by this approach by solicitation, auctioning or renting State land rights.
Article 3
The National Land Resources Administration is responsible for the specific implementation of State land acquisition reserves and tendering, auctions.
The sectors such as plans, finance, planning, construction, housing and prices are in line with their respective responsibilities to cooperate with national land acquisition reserves and tendering, auction work.
Article IV State land acquisition reserves and tendering, auctions should be guided by legitimate, equitable, fair, fair and honest credit principles.
Article 5 of this approach refers to the Government's land acquisition reserves that would require the recovery, acquisition and storage of the land and the effective allocation of land resources through the production of land holdings, including through land collation and concessions.
Article 6. Scope of land acquisition reserves:
(i) Referred and expropriated land by law;
(ii) Lands that do not determine land tenure within urban planning areas;
(iii) Land tenure expires on land recovered by law;
(iv) Separate land recovered by law;
(v) Land confiscated by law;
(vi) State-owned land allocated for relocation, dissolution, withdrawal, insolvency or other reasons;
(vii) In order to implement urban planning, the Government directed the acquisition of land;
(viii) Land for property development;
(ix) Other State-owned land that should be stored.
Article 7. Lands recovered by law in land acquisition reserves shall be duly compensated by land-use conditions, in accordance with the relevant provisions.
The land acquisition compensation rate is determined according to the following criteria:
(i) Reimbursement for house demolitions allocated to landland land, and compensation for land and housing is accounted for by the assessment, and monetary compensation is provided;
(ii) Reimbursement for the transfer of land without land buildings, based on 30 to 50 per cent of the original-use assessment standard;
(iii) Reimbursement of the acquisition of the right to land use, at the cost of the remaining year;
(iv) The land compensation rate is implemented in accordance with the relevant provisions of the municipal government for enterprises that have been approved by the municipal authorities for relocation and conversion;
(v) The Government implements a priority land to buy, which is declared to be paid at the price;
(vi) Consistency with the original landowner.
Article 8. The land shall be allowed within one year after the acquisition of a reserve is incorporated into the Government's reserve, which cannot be granted within one year and may be held in accordance with the law for the purpose of the land-use mortgage or, together with the rental of the ground buildings, for the purpose of the temporary change. The proceeds received may be managed in accordance with the proceeds of the land and donated by law.
The territorial resource administration authorities of the city, the district (market) should strengthen the operation of the reserve land and operate actively to guarantee the implementation of the former provision.
Article 9 has been procured for land tendering, prior to the auction and shall complete preparations for the relocation of buildings and subsidiaries, and for the period leading to land mature.
Article 10 Sources of land acquisition reserves:
(i) Removal of 5 per cent of the land acquisition reserve from the collected land;
(ii) A mortgage on reserve land use rights for bank loans;
(iii) Other legitimate means of raising funds.
Article 11. Reservations of land are paid in full to the treasury, in accordance with the payment price, and in accordance with the cost of land development, such as land tendering, compensation for the auction process, operating expenses, loan interest, planning design fees, and the provision of land resources to the land resource sector, the land is paid to the treasury portion of the proceeds to the treasury for urban infrastructure construction and land development.
Article 12 establishes a national land information release system that determines the inclusion of land acquisition reserves by the Government and shall be made public through the media.
Article 13 State land use rights are solicited, auctioned or leased by means of solicitation, auctions, and by the authorities of the municipality, the communes (communes) and the Government of the People's Land Resources Administration, in conjunction with the relevant departments, to develop tenders, auction programmes in accordance with the overall land-use planning, socio-economic development plans, urban planning and annual land plans.
State-owned land-use tendering, auctioning programme elements include: place of a given plot, use, length of use, authority, status, planning design points and other relevant conditions.
Article 14. State-owned land-use tendering, prior to the auction shall be subject to a price assessment by an institution with an assessment of the place of credit or lease.
The National Land Use Authority solicitation, the auction's tenders and floors are approved by the Government of the People at this level by the Land Resources Administration authorities in conjunction with the relevant sector based on the assessment.
Article 15. State-owned land-use invitations may be made to open tenders or invitations.
Public solicitation refers to tenders made by the solicitation solicitation by the bidder through press, radio, television, etc.
Invitation refers to tenders made by the solicitor to eligible units and individuals.
Article 16 open tenders or invitations to tenders shall be decided by the solicitor on the basis of the facts. The invited bidder shall not be less than three competitors; less than three competitors, invite the bid to be invalid, and the solicitor may reorganize the solicitation or change the way forward.
The date of publication established in the solicitation notice shall not be less than the time limit for the relevant legal provisions.
The date of an invitation to tenderers to the solicitation proposals shall not be less than the time limit for the relevant legal provisions.
The solicitation notice may be altered or withdrawn. The change or withdrawal shall be made within 10 days of the publication of the solicitation notice and shall be issued in the media that have previously issued the solicitation notice.
The solicitation documents may be modified or withdrawn. The change or withdrawal shall be communicated in writing to the invited person within 10 days of the invitation to tender.
Removal of solicitation notices or invitations to tenders shall be subject to the deadline for their tendering.
Article 19 The bidder shall submit a written application to the solicitationers within 15 days of the issuance of the solicitation notice or invitation to the solicitation and shall submit the following information:
(i) A copy of the business licence;
(ii) The status of a legal representative or head (a certificate of the identity of a bidder for individual tenders);
(iii) Accreditation;
(iv) In the opinion of the solicitationer, other supporting documents should be submitted.
Article 20, upon receipt of tender requests by the solicitor, shall be subject to a review of the qualifications of the bidder and, within 3 days, a letter of credit and solicitation documents and information to the bidder eligible for tenders, shall return the application information to the bidder.
Article 21, a bidder organized a bidder on 7 days after the issuance of a notice of tenders and solicitation documents to investigate the place of tendering and to carry out a question-and-answer.
Article 2
The bid owner unit was signed in writing by a statutory representative or head and was added to the public chapter; the bid was a person and was signed by the bidder. The bidder shall, by the end of the tender, invest in the design of the tender box and make the tender bond in accordance with the area of the tender.
The bidder's stamps should be kept in mail, and the bidder received as valid by the end of the tender.
Article 23 of the solicitation documents shall be issued without change in the content of the solicitation and shall be responsible for their content. The bidder shall not be withdrawn after the submission of the tender box and shall be responsible for the tender and written commitments.
Article 24 shall open tenders in accordance with the time specified in the solicitation documents. At the time of the opening of the tender, all bidders should be convened to hold the opening meeting to make the bids, the principles and modalities of the award and the subsoil.
Article 25
(i) Terminology;
(ii) Opening of tenders;
(iii) A review of the tenders and the annexes of the tenders and the declaration of invalidity of the non-performance.
Article 26 contains the following:
(i) The mails received after the deadline for tendering or tendering;
(ii) The annexes to the tender or tender shall not be fully or incompatible with the solicitation documents;
(iii) The words of the book or the annex to the tender are not clear and cannot be identified;
(iv) Authorize the act of another person, entrusting the document to be incomplete or incompatible with it;
(v) Repetitive tenders;
(vi) The bidder did not participate in the opening session.
Article 27 is vested with the Government's evaluation board and, if necessary, may be invited to participate.
It should be adopted by more than two thirds of the participants in the evaluation.
The second eighty-eighth award shall, within 3 days, be issued by the solicitor to the moderate and unexpected.
The middlemarker entered into a national land-use transfer or lease contract with the territorial authorities within 15 days of receipt of the “Guide Declaration”.
After the payment of land-use payments or other costs, such as rents, in accordance with a contract agreement, the moderate marker shall be registered under the law and receive national land-use certificates.
Article 29 shall refund the outstanding tender bonds within 5 days of the award. The bid guarantee paid by the moderate owner is credited to the land or rent.
After the issuance of article 31, the Chinese marker loses its performance capacity and conditions, the solicitationer may remove the marker's eligibility and the Chinese mark confirmation.
The tenderer is entitled to terminate the tender and to notify or inform the bidder.
All tenders are incompatible with the requirements of the mark and the bidder shall declare the tender invalid.
Article 33 auctions of the right to land use, the auctionor shall issue a notice of the auction, which shall not be less than the time frame for the relevant legal provisions until the date of publication.
The notice of the auction needs to be altered or withdrawn and shall be made within 10 days of the notice of the auction and issued a corresponding notice in the media that have published the announcement. Removal of the auction's notice, the closure of its auctions should be delayed.
Competent buyers may change, modify or withdraw competitive purchase requests by the end of the auction.
Within 10 days of the notice of the auction, the competition buyer filed a written competition request to the auctionor for the payment of a competition bond and submitted the following information:
(i) A copy of the business licence;
(ii) The identity of a legal representative or head (inviolative personal capacity certificate);
(iii) Accreditation;
(iv) To entrust competitive purchases and to provide authorizations;
(v) The auctionor considers other documents to be submitted.
The mail competition purchase request document should be posted by the competition buyer and be validated by the competition buyer at the end of the application.
The auctionor received a competitive purchase request and should review the qualifications of the buyer and issue letters of credit and auction documents and relevant information within three days to competing buyers eligible for competitive buyers. For competing buyers that do not meet competitive buyers, the auctionor should return the request.
Article 34 quarter organizes a competition buyer to investigate the auction's land blocks on 7 days after the notice of the auction and the auction document and to carry out a question-and-answer.
The auctionor shall hold the auction at the time specified in the auction documents and at the time of the location, to publish the rules, procedures and methods of the auction.
The auction is conducted in accordance with the following procedures:
(i) The auctionor issued a number of markers to a competing buyer;
(ii) Competent buyers present brands, and the moderator is competing buyers;
(iii) Presentation by the moderator on matters such as land location, area, use, use of annual limits, planning requirements;
(iv) The moderator declares the opening price, the scale of the increase in the price and the rules of the auction;
(v) The moderator declared the beginning of a competitive purchase;
(vi) Competent buyers should price;
(vii) The moderator's three successive announcements of final and no further price, and the moderator shall stand;
(viii) The moderator declared that the final owner was competing;
(ix) The auctionor signed the “Accreditation of the auction” with the competing owner, and entered into a land-use transfer or lease contract, with the public evidence, with a target of 20 per cent of the total land-use rights granted or rented by the competing owner (company purchase guarantee portion). Upon the conclusion of the auction, the auctionor shall return to the competing buyer's bonds within five days.
Competent buyers are less than two, and the auctionor should declare the auction null and void and the auctionor could reorganize the auction or change the way forward.
Article 37 Competents receive national land-use certificates after the payment of State-owned land-use concessions or other expenses, in accordance with the contract agreement.
Article 338 If a tenderer or a competing buyer acquires the right to land by solicitation or auction, the State Land Use Deeming contract or the State Land-Use Leas lease contract entered into by the relevant authorities.
Article 39 shall be confidential in the solicitation of national land use rights, in the form of the auction's tendering, the auction shall not be disclosed by a person participating in the solicitation, the auction.
Article 40 violates this approach by punishing the administrative authorities of the city, the district (the city) for the resources of the country as set out below:
(i) The parties who have recovered State land use rights under the law have refused to surrender their land, which is charged by the authorities of the Land Resources Administration for a period of time, with a fine of up to 300,000 dollars per square kilometre; and who have been unable to return for enforcement by the People's Court.
(ii) In accordance with the conditions of land acquisition reserves, no land has been acquired without the approval of the Government. The illegal transfer of land-use rights is punishable by the territorial resource administrative authorities in accordance with the relevant laws, regulations.
(iii) Subsidiaries or competing claimants are not allowed to enter into a land-use transfer or lease contract with the territorial resource administrative authorities at specified time, to withdraw the intermediate, competitive eligibility, forfeiture and to compensate the organization for the full cost of solicitation, auction expenses.
(iv) Subsidiaries or competing claimants do not pay land-use credits or rents for the duration of the contract agreement, and the Land Resources Administration, upon request of the same-ranking Government, dismoves the land concessions or lease contracts, has not been returned to the payment of the payment of the sums that have been paid to the Government and that the real estates, such as the construction of houses, have been charged with default under 10 per cent of the land-use grant or rent.
(v) Accused or competing owner has paid a land-use gain or rent at the time of the agreement on a concession or lease contract, and the territorial resource administrative authority does not provide a concession or lease of the land at the time of the contract agreement, the moderate or a competing owner has the right to lift the award or lease contract, and the territorial resource administrative authorities shall return the credit or rent paid by the successful or the competing owner (including the guarantee), and the ten-year payment or termination of the contract.
(vi) The right to land use by a bidder or a competing owner by means of illusion, collusion, etc., to remove moderate or competitive qualifications, to recover land-use rights, to confiscate the payments made and to impose fines on the amount of 5 to 10 per 1,000 per 1,000 per 1,000 per 1,000 per kilometres of the mark project. The administrative disposition of the responsible person constitutes a criminal offence under the law.
Article 40 Staff participating in tendering, auctions receive bribes in land tenders, disclosures, omissions, provocative fraud and administrative dispositions; and criminal liability for a crime is held by the judiciary.
The meaning of the following wording in this approach is:
The bidder, the auctionor shall refer to the administrative authorities of the Government of the city, the district (communes).
The bidder refers to units and individuals participating in open tendering and invitations to tenders.
Subsidiaries refer to bidders who have access to land-use rights in accordance with the procedures and conditions set out in this approach.
Competition buyers refer to units and individuals participating in competing acquisitions of State land use rights.
Competents refer to competing buyers with the highest price to obtain land-use rights in the auction.
Article 43