Measures for the implementation of the assignment and transfer of the right to use state-owned land in Kunming cities and towns

Chapter I General Provisions Article 1 In order to strengthen the management of urban state-owned land in Kunming and make better and rational use of land resources in the process of reform, opening up and economic and social development, these measures are formulated in accordance with the Provisional Regulations on the Assignment and Transfer of the Right to Use Urban State-owned Land in People's Republic of China (PRC), the Implementation Measures for the Assignment and Transfer of the Right to Use Urban State-owned Land in Yunnan Province and relevant laws and regulations, and in light of the actual situation in Kunming. Article 2 The term "urban state-owned land" as mentioned in these Measures refers to the land owned by the whole people within the administrative area of Kunming (excluding railways and military facilities). Article 3 The state-owned land in cities and towns in Kunming shall be used with compensation and for a limited period of time. Land use rights can be sold, transferred, leased, mortgaged or used for other economic activities according to law. Article 4 China people, companies, enterprises, other organizations and individuals at home and abroad, except as otherwise provided by law, can obtain the land use right of Kunming City in accordance with the provisions of these Measures, and develop, utilize and operate the land in accordance with the provisions of the contract, and their legitimate rights and interests are protected by national laws. Article 5 During the period of assignment, transfer, lease and mortgage of the land use right, the land ownership still belongs to the state.

The transfer of land use rights does not include underground resources, buried objects and municipal public facilities within the scope of land transfer.

When the land use right is transferred, the ownership of the above-ground attachments shall be transferred according to law. Article 6 The land administration departments of the people's governments of cities and counties shall manage the assignment and transfer of the right to use state-owned land in cities and towns within their respective jurisdictions according to law, and supervise and inspect the assignment, transfer, lease, mortgage and termination of the right to use land according to law. Chapter II Assignment of Land Use Right Article 7 Assignment of land use right refers to the act that the municipal, county and district people's governments assign the state-owned land use right to land users within a certain period of time in accordance with the provisions of national laws and these Measures, and the land users pay the land use right transfer fee and other payable fees to the municipal, county and district people's governments. Article 8 The municipal and county people's governments shall prepare the annual land use transfer plan. The transfer plan shall be formulated by the municipal, county and district land management departments in conjunction with the planning, planning and urban construction departments, and shall be incorporated into the annual plan of the national construction land, and implemented after being approved by the municipal, county and district people's governments. Article 9 Within the scope of this Municipality, the following provisions of the State shall apply to the maximum term of assignment of land use rights:

(a) residential land for seventy years;

(two) fifty years of industrial land;

(three) fifty years of land for education, science and technology, culture, health and sports;

(four) forty years of commercial, tourism and entertainment land;

(five) comprehensive or other land for fifty years. Tenth land use rights transfer, in accordance with the provisions of the state and the province's examination and approval authority, by the municipal and county people's governments at different levels of management, unified examination and approval. The transfer of land use rights within the urban planning area shall be accepted by the municipal land management department and reported to the people's government at or above the municipal level for approval; Outside the urban planning area, the county land management department is responsible for accepting, a piece of land or parcel area, cultivated land of 3 mu and below, other land 10 mu and below, the county people's government where the land is located for examination and approval; If the cultivated land exceeds 3 mu and other land exceeds 10 mu, the land management department at the county level where the land is located shall accept it and submit it for approval according to the prescribed examination and approval authority.

Land users are wholly foreign-owned, Sino-foreign joint ventures, Sino-foreign cooperative enterprises or individuals, and the land used belongs to the overall urban planning area of Kunming City, which shall be accepted by the municipal land management department and reported to the people's government at or above the municipal level for examination and approval; The land used outside the overall urban planning area of Kunming City shall be accepted by the land management department of the county where the land is located, audited by the municipal land management department and reported to the people's government at or above the municipal level for approval. Eleventh development zones approved by the national and provincial people's governments and the development zones approved by the Municipal People's government must predict the land use right transfer plan before transferring the land use right. The transfer plan shall include the transfer quantity, planned use, transfer period, transfer reserve price and transfer method. The transfer plan shall be formulated by the land management department in conjunction with the planning and other relevant departments, and shall be organized and implemented by the land management department after being approved by the people's government at or above the municipal level. Article 12 The assignment of the land use right of each plot or piece of land must be carried out after the implementation and planning approval of development and construction projects. The specific transfer scheme of local blocks or parcels shall be drawn up by the municipal and county land management departments in accordance with the provisions of Article 10 of these measures, and shall be submitted to the people's government with the right of examination and approval for examination and approval in accordance with the provisions of the examination and approval authority, together with the project approval documents and relevant drawings and materials. Thirteenth plots or parcels of land use rights transfer plan is approved, it shall sign a contract for the transfer of land use rights in a timely manner.

With the approval of the people's government at or above the city level, the municipal land management department and the land users shall sign a contract for the assignment of land use rights. Approved by the county people's government, the land use right transfer contract is signed by the county land management department where the land is located and the land user.

The land use right transfer contract shall be accompanied by the land use conditions confirmed and provided by the land management department in conjunction with the urban planning management department. The land use right transfer contract shall use the text printed by the land management department at or above the municipal level according to the unified provisions of the state.

A contract for the assignment of land use rights signed in violation of the provisions of this article is invalid.