Interim Measures of Lhasa Municipality on Assignment and Transfer of Urban State-owned Land Use Rights

Chapter I General Provisions Article 1 In order to rationally develop, utilize and manage the state-owned land in Lhasa, strengthen the management of state-owned real estate, and promote the development of economy and urban construction, these Measures are formulated in accordance with the Constitution of People's Republic of China (PRC) and relevant state laws and regulations, and combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the assignment and transfer of all state-owned land use rights in the planning areas of Lhasa city, counties, towns and industrial and mining areas (hereinafter referred to as towns).

Underground resources, buried objects, hidden objects and municipal public facilities are not included in the paid transfer and transfer of land use rights. Article 3 China people, companies, enterprises, other organizations and individuals at home and abroad may, except as otherwise provided by law, obtain the right to use state-owned land in Lhasa in accordance with the provisions of these Measures for land development, utilization and management.

When transferring and transferring the right to use state-owned land, both the transferor and the transferee should cherish and protect land resources, strengthen rational planning and strict land use management, and prevent the loss of state-owned land. Article 4 The system of paid and limited use of state-owned land shall be implemented. The state does not recover the land use right legally obtained by land users in advance. The land use right obtained according to law shall be protected by law within the agreed term of use, and no organization or individual may infringe upon it.

However, under special circumstances, according to the needs of social public interests, the state can take it back in advance in accordance with legal procedures. Article 5 The transfer fees and land use fees collected in the process of transferring, transferring, leasing and mortgaging the land use right in accordance with these Measures shall all be turned over to the finance at the same level and included in the budget, which shall be used exclusively for urban infrastructure construction and land development. Article 6 Land users who have obtained the land use right in accordance with the provisions of these Measures shall develop and utilize the land according to the land area, land use, commencement period and capital contribution agreed in the land use right transfer contract.

The land use right can be transferred, leased, mortgaged or used for other economic activities within the term of use, and its legitimate rights and interests are protected by law. Article 7 The assignment, transfer, lease, mortgage and termination of the land use right and the registration of buildings and attachments on the ground shall be handled by the land management departments and real estate management departments of the people's governments of cities and counties (districts) respectively in accordance with relevant laws, regulations and these Measures.

The registered documents and materials can be consulted publicly. Article 8 The assignment of the right to use state-owned land shall comply with relevant laws and regulations and conform to the overall urban planning and land use planning.

The activities of land users in developing, utilizing and managing land shall abide by relevant laws and regulations and shall not harm the public interests. Chapter II Management and Duties Article 9 The land administration departments of the people's governments of cities and counties (districts) shall implement unified management of land and land administration within their respective administrative areas according to law; Land management departments have the right to consult, copy and inspect documents and materials related to matters. Tenth land management department is responsible for the transfer of state-owned land use rights within their respective administrative areas. Its duties are:

(a) publicity, implementation and enforcement of national land laws, regulations and policies. According to the land management laws and regulations, combined with the situation of the administrative region, draft the rules and regulations of land management;

(two) to supervise and inspect the assignment, transfer, lease, mortgage and termination of the right to use state-owned land according to law;

(three) to order the units and individuals under inspection to stop the illegal acts in the ongoing land development, utilization and management;

(four) to investigate and deal with units and individuals that violate laws and regulations on land management;

(five) to be responsible for the land price evaluation of the transfer, transfer, lease and mortgage of land use rights, and to formulate the benchmark land price of urban state-owned land in conjunction with relevant departments; According to the conditions of land transfer, land grade, transfer method and benchmark land price, the calibration land price is drawn up. After the benchmark land price and the calibrated land price are reported to the Municipal People's Government for approval, they shall be promulgated and implemented;

(six) in accordance with the relevant provisions of the transfer of land use rights, land use fees charged;

(seven) other duties as prescribed by laws and regulations. Chapter III Assignment of Land Use Right Article 11 Assignment of land use right refers to the act that the state, as the land owner, assigns the state-owned land use right to the land users within a certain period of time, and the land users pay the land use right transfer fee to the state. Twelfth state-owned land use rights transfer scope, including commercial, financial, tourism, entertainment, service industry and commercial housing development and other business land, are paid transfer; Land for construction of party and government organs and institutions, except public facilities, public utilities, state-owned transportation, energy and water conservancy. Thirteenth collectively owned land must be requisitioned as state-owned land before it can be transferred. Article 14 The land management department of the people's government at the city or county (district) level shall, jointly with the urban planning, construction and real estate management department, draw up a plan for the land use right transfer.

Land transfer within a planned urban area shall be handled in accordance with the land examination and approval authority stipulated in Article 24 of the Measures for the Implementation of the Land Management Law of the People's Republic of China in Xizang Autonomous Region. After approval, the Municipal Planning Bureau is responsible for unified planning, and the land management department is responsible for implementation. Fifteenth the maximum period of assignment of land use rights is determined according to the following purposes:

(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.