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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(March 19, 2002, people's Government of Jilin city, the 58th Executive meeting by people's Government of Jilin city, March 27, 2002 the 130th release) first to enliven State-owned land assets, establish a Government land purchase and reserve system, sale or lease of State-owned land bidding, auction, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.
    Second urban land purchase and reserve in the administrative area of the city, through bidding, auction to sell or lease State-owned land use right, these measures shall apply.
    Article city and County (City) Government unified leadership of State-owned land within their jurisdiction reserve and bidding, auctions.
    City, County (City) land and resources administrative departments in charge of land purchase and reserve and bidding and auction work implementation.
    Planning, finance, planning, construction, real estate, price and other administrative departments according to their respective functions, with the State-owned work and inviting public bidding and auction of land purchase and reserve.
    Article fourth and inviting public bidding and auction of land purchase and reserve shall adhere to legality, making compensation, openness, fairness, impartiality and good faith.
    Fifth Government land purchase and reserve in these measures refers to the Government will be required to activate the land, the acquisition of storage and assignment of the land and inventory of stock in the form of land assets, effective allocation of land resources.
    Sixth article land acquisition reserves range: (a) by law approved switched to, and expropriation Hou of land; (ii) city planning district range within not determine land right of land; (three) land using term has full was law recovered of land; (four) law recovered of idle land; (five) law confiscated of land; (six) for units relocation, and dissolved, and revoked, and bankruptcy or other reasons adjustment of original allocated of State-owned land; (seven) for implementation city planning, Government instruction acquisition of land; (eight) for real estate development of land;
    (IX) other reserves of the State-owned land should be carried out.
    Seventh article of land purchase and reserve in the law of the land, should be based on land use condition, in accordance with the relevant provisions for appropriate compensation to the users of the land. Land acquisition compensation fee by following standard determine: (a) on allocated land ground housing give demolition compensation of, land compensation and housing compensation by assessment results unified accounting, implemented currency compensation; (ii) on no ground buildings of allocated land, according to original uses assessment premium standard of 30% to 50% give compensation; (three) on acquisition of transfer land right, by remaining years of assessment premium standard give compensation; (four) for by municipal government approved relocation, and restructuring of enterprise,
    Compensation according to the relevant provisions of the municipal government; (e) the Government implement the priority right to purchase the land, and according to the declared transaction price compensation; (f) to conduct land replacement reserve, and the original settlement of land use difference. Eighth after the land purchase and reserve in the Government reserve, should be sold within a year, cannot be sold within one year, and may, in accordance with the reserve land mortgage or rental, temporary change of use of buildings along with the ground.
    Proceeds received by regarded as land revenue management, law turned over finances.
    City, County (City) land and resources administrative departments should strengthen the management on reserve lands, actively operating, guarantee the implementation of the provisions of the preceding paragraph.
    Before Nineth has reserve land bidding, auction, buildings should be completed and affixed to demolition, land leveling and other preliminary preparations, implementation of net selling.
    Article tenth of land purchase and reserve funding: (a) from seizures of land transfer, rent extracting 5% of land purchase and reserve, (ii) to reserve land as collateral, applying for a bank loan, (iii) other legal means to raise funds.
    After the 11th reserve land, full amount of the contract price payable financial accounts, and the financial sector based on the compensation in land bidding, auction fees, service fees, loan interest, such as land development, planning and design costs, allocated to the land and resources department, part of land transfer income paid to the State Treasury, for use in construction of urban infrastructure and land development.
    Article 12th national land information system, the Government decided to include plots of land purchase and reserve should be published through the news media.
    13th State land sold or leased by bid, auction, by the city and County (City) departments of land and resources administration, in conjunction with the relevant departments under, according to the General plans for land use, socio-economic development plans, urban planning and the annual land use plan bidding and auction.
    State land bidding, auction includes: ceded land location, use, size, age, property, State, planning, design, and other related conditions.
    14th state-owned land use right before the bidding, auction, should be assessed by qualified institutions to sell or lease land price assessment.
    State-owned land bidding, auction bid and reserve price, the Department of land and resources administration, jointly with relevant departments according to the evaluation results, the people's Governments at the corresponding level for approval.
    15th State land tender by public tender or invitation to tender.
    Tender refers to bidding through newspapers, radio, television and other media published a tender notice for the bidding.
    Invitation to tender is a tender to meet the conditions of units and individual invitation to tender and the tender. 16th open tender or invitation to tender from the tenderer decision according to the actual situation.
    By invitation to tender, bidders were invited shall not be less than three bidders; less than three bidders, bid null and void, the tenderer to reorganize the tenders or change assignment, lease.
    17th release date identified in the tender notice to the bid closing date shall not be less than the time limit prescribed by law.
    Invitation to the invited bidders to bid the date of bid closing date shall not be less than the time limit prescribed by law. 18th tenders can be changed or withdrawn.
    Change or withdrawal shall be made in the tender announcement on 10th and in the original tender notice is published publish announcements in the media. Invitation to tender may be changed or withdrawn.
    Change or withdrawal should be written in the invitation to tender is issued, 10th informed invitees.
    Changing the tender notice or invitation to tender, tender deadline should be extended.
    19th a bidder in the tender notice or invitation to tender is issued in the 15th to tender a written application, and submit the following information: (a) copy of business license and (ii) the legal representative or the person in charge of identity (personal bids for bidder identification), and (iii) credit (iv) tendering people think of other supporting documents should be submitted.
    20th after an application is received the tender, bidders should be qualifying, and to meet the criteria in the 3rd bidder notices and tender documents and relevant information, does not meet the criteria of the bidder application materials should be returned.
    21st a tenderer in the tender notice and tender documents in 7th after the bidding process investigation will focus on the bidding block, and the answers to doubts.
    22nd bidder should be in accordance with the requirements of the tender documents preparation tender. The bidders, by the legal representative or the person in charge a written signed and stamped with the official seal; bidders in person, signed by the bidder.
    Bidders should be sealed tenders before the tender closing date inputs specified TEUs, and according to the tender land pay a security deposit.
    Bidder mailing the tenders shall be by registered mail and received by the bid deadline the tenderer to be valid. 23rd once the tender documents issued, the tenderer may not change its contents and take responsibility for its content.
    May not be withdrawn after the bidders will bid into the TEU, and responsibility to the bid and a written commitment. 24th the Tenderer shall, in accordance with the time and place of opening of the provisions of the tender documents.
    Bids should convene all bidders bid opening meeting, published principles and manner of bidding evaluation and calibration.
    25th opening in accordance with the following procedures: (a) count the tender, (ii) open bids; (c) to review the bids and tender attachment, does not meet the requirements of the tenders declared null and void.
    26th article has following situation one of of for invalid tenders: (a) over bid time by voted of tenders or bid as future by received of mailing tenders; (ii) tenders or tenders annex not complete or not meet tender file provides of; (three) tenders or tenders annex handwriting not clear, cannot identified of; (four) delegate others agent, delegate file not complete or not meet provides of; (five) repeat bid of; (six) bid people not participate in opening Conference of.
    27th bid evaluation Committee made up of Government are responsible for and, if necessary, relevant departments or experts may be invited to participate in.
    Calibration should be adopted by participating in evaluation personnel over two-thirds.
    28th after calibration, the Tenderer shall on the 3rd to the winning bidder and unsuccessful bids were issued the winning bidder confirmation and the tender notice.
    Winning bidder receives within the 15th after the winning bidder confirmation signed by the Administrative Department of land and resources of State-owned land or lease contract.
    Winning bidder paid according to the contract of land transfer fees or rentals land use fees other fees, land registration law, recipients of State-owned land usage certificate. 29th a tenderer shall be returned after the calibration in the 5th not winning bidder pay the bid bond.
    Winning bidder to pay a bid bond offset land fees, or rental.
    30th article of the successful confirmation of the issued, winning bidder lose the ability and conditions, the tenderer may cancel the winning bidder the winning bidder qualification, confirmation of the bid invalid.
    Base price was leaked, the tenderee is authorized to terminate the tender and announcements or notifications the bidder.
    All bids do not meet the standard requirements, the tenderer bids should be declared null and void.
    The 31st auction of land-use rights, the auctioneer shall release an auction notice and announcement date to the cut-off date shall not be less than the time limit prescribed by law. Auction announcements need to be changed or withdrawn, shall be made in the 10th after the auction announcement, and publish notice in the original announcement of media.
    Change the announcement of auction, the auction deadline should be extended.
    Bidders in the auction application deadlines change, amend or annul the bidding application.
    32nd article auction announcement issued 10th within, bid people to auction people proposed written bid application, pay bid margin, and submitted following information: (a) license copy; (ii) statutory representative people or head ID Ming (personal bid of for personal identity proved); (three) funding letter proved; (four) delegate bid, should provides authorized Attorney; (five) auction people think should submitted of other proved file.
    Mailing bidding documents, bidders shall by registered mail and received by the auctioneer, bidding application deadline for effective. 33rd auction after bids are received the application, shall review the qualifications of bidders, and to qualify for the bidding in the 3rd bidder notices and auction documents and related information.
    Does not meet the bidder qualified bidders, auctioneer shall return the application.
    34th auction auctioneer issued notice and file, and 7th in the Organization of the auction bidders focused on prospecting and auction sites, and the answers to doubts.
    Provisions in an auction the auctioneer shall file 35th time and place called bidders held an auction announced auction rules, procedures and methods. 36th article auction by following program for: (a) auction people to bid people issued number logo brand; (ii) bid people show logo brand, host points is bid people; (three) host introduced land location, and area, and uses, and using years, and planning requirements, matters; (four) host announced starting at price, and should price increments of range and auction rules, matters; (five) host announced bid began; (six) bid people should price; (seven) host three times continuous announced last should price and no again should price of, host fell hammer And (h) the moderator announced that the final price for the bid were; (IX) auctioneer and acquired a signed confirmation of the auction on the spot and land or rental contracts signed and notarized, by people to pay land-use right transfer or 20% deposit of the total rent (including bidding deposit section).
    After the end of the auction, the auctioneer shall refund within the 5th bidders pay the bidding deposit.
    Bidders at least two auctions this auction shall be declared invalid, the auctioneer can reorganize auction or change assignment, lease.
    37th people are paid according to the contract of State-owned land use right transfer fees or rentals land use fees other fees, land registration law, recipients of State-owned land usage certificate.
    38th a bidder or bidders to tender or public auction after obtaining the land, with the State-owned land use right grant contract signed or of the land lease contract of the relevant formalities to the relevant departments.
    39th State land bidding, auction bid or the reserve price shall be kept confidential, personnel involved in the bidding and auction may not disclose the base price or reserve price.
    40th in violation of these regulations, by the city and County (City) departments of land and resources administration the following shall be punished as follows: (a) resumption of State-owned land use right according to law the parties refusing to hand over land, the Department of land and resources administration ordered to surrender, and a fine of 10 yuan per square meter more than 30 yuan fines; fails to return, apply to a people's Court for compulsory execution. (B) in accordance with conditions of land purchase and reserve has been purchasing and reserving land, without government approval is not transferable.
    Illegal transfer of land-use rights, the Department of land and resources administration in accordance with the provisions of relevant laws and regulations will be punished.
    (C) the winning bidder or not by the time signed with the land and resources administrative departments of land or lease contract, withdraw bid, bid qualifications, forfeiture of deposit, and organized the land bidding, auction the full cost of expenditures.
    (D) the successful bidder or not according to the contract period paid land use right transfer fees or rent, the Department of land and resources administration after approval of the report to the Government at the same level, discharge the land selling or leasing contract, paid the deposit is refunded, built houses and other real property forfeited to the Government without compensation on the ground, at the same time, in accordance with the land or rent charge 10% penalty.
    (Five) bid people or competing have people has by transfer or rental contract agreed term paid land right transfer gold or rent, land resources administrative competent sector not by contract agreed term provides transfer or rental land of, bid people or competing have people right to lifted transfer or rental contract, land resources administrative competent sector should returned bid people or competing have people has pay of leasing or rent (including margin), bear bid people or competing have people has signed leasing or rent contract total of 10% of penalty. (F) the bidder or the person by fraud, rigging prices and other illegal means to acquire land, cancel the bid or bid qualifications, land recovery, forfeiture of deposit that has been delivered, with the winning project amount of fine of 5 per thousand to 10 thousand.
    Relevant responsible persons be given administrative punishments, which constitutes a crime shall be investigated for criminal liability.
    41st staff participating in the bidding and auction land bidding, auction to take bribes, leaking secrets, negligence, malpractice, should be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated by judicial organs.
    42nd herein, the following terms mean: the tenderer and the auctioneer, refers to the city and County (City) Government departments of land and resources administration.
    Bidders refers to units and individuals participating in the public bidding and inviting tenders.
    The winning bidder, refers to these rules of procedure and conditions for obtaining the land of bidders.
    The bidder, refers to units and individuals to participate in bidding for State-owned land.
    People refers to acquire land at the highest price in the auction bidders.
                                                                                                                    43rd these measures shall come into force on April 20, 2002.

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