Xiamen Land Use Rights Transfer Measures

Chapter 1 General Provisions Article 1 In order to rationally utilize state-owned land, reform the land use system, promote the prosperity of Xiamen Special Economic Zone, and adapt to the development of planned commodity economy, according to the "Xiamen Special Economic Zone Land Use Management Regulations" These regulations are formulated in accordance with the provisions of Article 9. Article 2 Xiamen City implements a paid transfer and transfer system for state-owned land. Article 3 The meanings of the following terms used in these Measures are:

(1) Compensated transfer of land use rights (hereinafter referred to as transfer) means that the Xiamen Municipal People's Government (hereinafter referred to as the municipal government) transfers designated uses, Land with a limited number of years and other conditions attached is provided to legal persons or natural persons for use or operation, and the land user pays the land transfer fee (i.e. land price) to the municipal government.

(2) Transfer of land use rights (hereinafter referred to as transfer) refers to the act of a legal person or natural person re-transferring their legally acquired land use rights.

(3) Mortgage of land use rights (hereinafter referred to as mortgage) refers to the legal act in which a legal person or natural person uses his legally acquired land use rights as a guarantee for the payment of debts.

(4) The transferee of the land use right (hereinafter referred to as the transferee) refers to the legal person who enjoys the land use right due to the assignment or transfer (including inheritance, donation, sale and exchange) of the state-owned land use right. and natural persons. Article 4 During the period of paid transfer of land use rights, the ownership still belongs to the People's Republic of China. Various underground natural resources and buried objects are not within the scope of paid transfer of land use rights. Article 5 The legitimate rights and interests of the transferee of land use rights are protected by law, and the transferee has the obligation to protect, manage and rationally utilize the land. Article 6 The Municipal Land Bureau is responsible for collecting the land use rights transfer fee, and withdraws 8% as paid land transfer labor and land management fees, and 92% is turned over to the municipal finance for land development funds and urban infrastructure construction. Fund, earmarked funds. Article 7: Any land use rights obtained through the transfer or transfer of these measures will no longer be subject to site use fees in accordance with the "Xiamen Special Economic Zone Land Use Fee Collection Measures". Article 8: The Xiamen Municipal Land Administration Bureau (hereinafter referred to as the Municipal Land Bureau), on behalf of the municipal government, is responsible for the paid transfer, transfer and registration of land use rights in this city and handles the mortgage registration of land use rights and other matters. Article 9 Due to the needs of national construction, the land that has been transferred or transferred can be requisitioned in accordance with the law, and the original land users will be given reasonable compensation based on the current price at the time of requisition (land use rights obtained by paying in foreign exchange shall, in principle, be paid in foreign exchange). provide compensation). Chapter 2 Paid Transfer of Land Use Rights Article 10 The paid transfer of state-owned land use rights in Xiamen City shall be carried out by the municipal government in the following ways: (1) Agreement, (2) Bidding, (3) Publicity bidding. Article 11 The transferee who obtains land use rights through agreement, bidding, or public bidding must sign a land use contract with the Municipal Land Bureau and have it notarized by the Xiamen Municipal Notary Office. Article 12 The Municipal Land Bureau and Planning Bureau shall provide the prospective transferee with the following information and regulations.

(1) The location, scope and area of ??the land, the current situation of the land and the topographic map of the land.

(2) Planning uses of land, building floor area ratio, density and clearance restrictions. The number of years until the construction project is completed.

(3) Requirements for environmental protection, landscaping, health and epidemic prevention, transportation, earthquake resistance and fire protection.

(4) Current status of municipal public facilities and construction plans or construction requirements.

(5) The period and form of transfer.

(6) The qualifications that the transferee should have and the amount of guarantee required when bidding.

(7) Relevant regulations on the sale and management of buildings.

(8) Others. Article 13 The transfer of land use rights by agreement means that the intended transferee who meets the specified conditions applies in writing to the Municipal Land Bureau, and the Municipal Land Bureau transfers the land use rights through negotiation in accordance with relevant regulations and standards. Article 14 Procedure for transfer by agreement:

(1) If the land is expected to be transferred, a written application for land use shall be submitted to the Municipal Land Bureau. The content of the application shall include the nature of the applicant unit, the reason for the application and the location of the land. , area, purpose, service life, building scale, funding sources and other relevant matters.

(2) After receiving the land use application report, the Municipal Land Bureau will conduct a preliminary review within 15 days, and provide relevant information on land planning purposes to applicants who meet the requirements, and to applicants who do not meet the requirements. Explain the circumstances and return the application.

(3) After obtaining the relevant information from the Municipal Land Bureau, the prospective transferee shall submit the land development and construction plan, payment method of transfer fee and other relevant documents to the Municipal Land Bureau within the specified time.

(4) After receiving the documents specified in item (3) of this article, the Municipal Land Bureau shall give a reply within 15 days.

(5) After reaching an agreement through negotiation, the Municipal Land Bureau signs a land transfer contract with the transferee, and the transferee pays a deposit.

(6) The transferee shall pay the transfer fee in accordance with the contract, register the land use rights with the Municipal Land Bureau, and obtain the land use certificate. Article 15 The transfer of land use rights through bidding means that within a specified period of time, legal persons or natural persons who meet the specified conditions participate in the bidding in a sealed written form for the use rights of a designated land plot in accordance with the conditions and instructions proposed by the tenderer. The indicator group will open bids, evaluate bids, select the best, and determine the winning bidder. The contents and methods of the bidding will be separately stipulated.