Shijiazhuang City State-owned Land Use Rights Grant and Transfer Implementation Rules

Chapter 1 General Provisions Article 1 In order to reform the land use system and promote the economic development of this city, according to the "Interim Regulations of the People's Republic of China on the Assignment and Transfer of State-owned Land in Urban and Urban Areas of Hebei Province" and "Hebei Province Urban State-owned Land "Implementation Measures for the Assignment and Transfer of Land Use Rights" and in light of the actual situation of this city, these implementation rules are formulated. Article 2 These detailed rules shall apply to the assignment and transfer of state-owned land use rights within the administrative region of this city. Foreign investment in the development and operation of real estate shall be governed by the relevant regulations of the municipal government. Article 3 Unless otherwise provided by law, the People's Republic of China and companies, enterprises, other organizations and individuals within and outside the country may obtain land use rights and carry out land development, utilization and operation in accordance with the provisions of these detailed rules. Article 4 The land use rights obtained by land users in accordance with these detailed rules may be transferred, leased, mortgaged or used for other economic activities in accordance with the law within the term of use, and their legitimate rights and interests are protected by law.

Land users’ activities of developing, utilizing and operating land shall comply with laws, regulations and relevant provisions of the municipal government, and shall not harm the interests of the public.

Underground resources, buried objects and municipal public facilities are owned by the state and are not within the scope of land use rights transfer. Article 5 The transfer fees and value-added fees collected from the assignment, transfer, lease, and mortgage of land use rights in accordance with these detailed rules are managed as special funds and are mainly used for urban construction and land development. Article 6 The land management departments at or above the county level shall supervise and inspect the transfer, transfer, lease, mortgage and termination of land use rights, and shall be responsible for ownership management.

The property management department is responsible for the ownership management of the above-ground buildings and their attachments. Chapter 2 Transfer of Land Use Rights Article 7 Transfer of land use rights means that the municipal or county people's government, as the land owner, transfers the state-owned land use rights to the land users within a certain period of time, and the land users The act of paying land use rights transfer fees to the state. Article 8 A transfer contract shall be signed for the transfer of land use rights, and shall be signed by the municipal or county land management department on behalf of the people's government at the same level in the capacity of the representative of state-owned land property rights (hereinafter referred to as the transferor) and the land user (hereinafter referred to as the transferee) . Article 9 The plots, purposes, years and other conditions for the transfer of land use rights shall be jointly formulated by the municipal and county land management departments in accordance with the relevant departments of the urban planning contract. Article 19 of the "Hebei Province Land Management Regulations" After the prescribed approval authority is approved, it will be implemented by the municipal and county land management departments.

The specific approval procedures and attached documents shall be handled in accordance with the "Interim Regulations on the Approval and Management of Transfer of State-owned Land Use Rights" issued by the National Land Administration Bureau. Article 10 The maximum period for the transfer of land use rights is generally determined according to the following uses:

(1) Seventy years for residential land;

(2) Fifty years for industrial land;

(3) Land for education, science and technology, culture, health, and sports for fifty years;

(4) Land for commerce, tourism, and entertainment for forty years;

(Five years ) comprehensive or other land use for fifty years. Article 11 Land use rights can be transferred by agreement, bidding and auction. The specific transfer method shall be decided by the municipal and county people's governments.

The transfer by agreement is applicable to non-profit construction land for state agencies, culture, education, health, sports, scientific research and municipal public facilities, public welfare undertakings, high-tech development and construction project land, and government-approved land. Fujian residential land and other special land. Article 12 Transfer by agreement refers to the act of transferring land use rights by negotiating with the intended transferee the amount of transfer fee and land use conditions.

Agreement transfer procedure:

(1) The transferor provides the intended transferee with the necessary information and relevant regulations on the plot;

(2) The intended transferee After obtaining the information, the transferor shall submit the land development and management plan to the transferor within the specified time, as well as relevant documents including the transfer fee amount, currency, payment method, etc.;

(3) Transferor After receiving the documents submitted by the intended transferee, a reply shall be given within thirty days;

(4) After reaching consensus through consultation, the transferor and transferee shall sign a transfer contract.

Article 13 Bidding transfer refers to the act of transferring land use rights by signing a contract with the winning bidder through bidding and bidding in accordance with the principles of fairness, reasonableness and equal competition.

Bidding transfer procedures:

(1) The transferor shall issue a bidding invitation to the bidder according to the specific requirements of the certified land, or publish a bidding bulletin and bidding documents at home and abroad. and relevant information documents;

(2) The bidder shall submit a deposit (non-interest-bearing) and a sealed bid document to the transferor in accordance with the specified bidding time, method and requirements;

( 3) The transferor, together with representatives from the construction committee, price, finance, and real estate management departments, hires experts to form a bid evaluation committee. The bid evaluation committee will preside over the bid opening, evaluation and awarding work. The bid evaluation committee will evaluate the valid bid documents, decide the winning bidder, and the transferor will issue a bid winning certificate to the winning bidder;

(4) The winning bidder shall sign a transfer contract with the transferor with the certificate of winning the bid within fifteen days from the date of receipt of the certificate. Article 14 Auction transfer refers to the act of auctioning land use rights by asking people to bid publicly at a designated time and place, participating in the bidding and submitting bids, and the transferor signs a contract with the highest bidder.

Auction transfer procedures:

(1) The transferor issues an auction announcement. The content of the announcement should include the location, area, current status, purpose, land use plan and service life of the land parcel to be auctioned, the time and place of the auction, and the time and place of registration;

(2) Intention to participate in the bidding The transferor collects the "Auction Instructions", "Land Use Plan", "Land Use Rights Transfer Contract Formats" and other information, and reports within the specified time with relevant documents proving the name, nationality, name of the unit or organization, main business place or residence of the parties involved , pay a deposit of 5% of the base price and receive the price tag;

(3) The transferor presides over the auction, and after bidding, the higher bidder will be the transferee, and the transferor and transferee will be on the spot Backflow requires a transfer contract.

After the auction price is determined, if the higher bidder does not sign a transfer contract with the transferor, it will be regarded as a breach of contract and the deposit will not be returned.