Kunming Interim Measures for the Administration of Auction and Transfer of State-owned Construction Land Use Rights

Article 1: In order to regulate the auction and transfer of state-owned construction land use rights in this city and improve the marketization of land transactions, in accordance with the "Land Management Law of the People's Republic of China", " These measures are formulated in conjunction with the actual conditions of this city in accordance with the provisions of relevant laws, regulations and rules such as the Interim Regulations on the Assignment and Transfer of State-owned Land Use Rights in Towns and Towns, the "Regulations on the Transfer of State-owned Construction Land Use Rights by Bidding, Auction and Listing". Article 2 These Measures shall apply to the auction and transfer of the right to use state-owned construction land within the administrative jurisdiction of this city. Article 3 The auction and transfer of the right to use state-owned construction land shall follow the principles of legality, openness, fairness, impartiality, and good faith, and shall accept the supervision of land, finance, auditing, supervision and other administrative functional departments and society in accordance with the law. Article 4 Commercial land and commercial residential land shall be sold publicly by auction, and other commercial land shall be sold by auction as much as possible.

Except for government-designated land for public welfare projects, it is prohibited to bundle land for other purposes with commercial land and commercial residential land.

The transfer of land for urban village reconstruction projects shall be subject to government approval.

Land for hotels, hotels, restaurants and resorts with five stars and above can be sold by means other than auction. Article 5 Commercial land specifically includes: wholesale and retail land, accommodation and catering land, commercial and financial land, and other commercial land.

Wholesale and retail land refers to land used for wholesale and retail of goods. Including shopping malls, shops, supermarkets, various wholesale (retail) markets, gas filling stations, gas stations, etc. and their attached small warehouses, workshops, factories, etc.

Accommodation and catering land refers to the land used to provide accommodation and catering services. Including hotels, hotels, restaurants, hostels, guest houses, resorts, restaurants, bars and other land.

Business and financial land refers to office land for enterprises, service industries, etc., as well as commercial office land. Including office buildings, commercial offices, financial activity venues and independent office spaces outside corporate factories.

Other commercial land refers to other commercial and service land other than the above-mentioned land. Including car washes, laundry and dyeing shops, waste material recycling stations, maintenance outlets, photo studios, hairdressing and beauty shops, bathing places and other places. Article 6 Reserves in the main urban area of ??Kunming [including Wuhua District, Panlong District, Guandu District, Xishan District, three national development (resort) zones, and Chenggong County] and the Kunming Municipal Land Reserve Center across counties (cities) and districts The Municipal Land and Resources Bureau is responsible for organizing and implementing the auction and transfer of state-owned construction land use rights, and the specific business is handled by the Municipal Land and Mining Rights Trading Center.

The auction and transfer of state-owned construction land use rights in other counties (cities) and districts shall be organized and implemented by the land and resources administrative departments of each county (cities) and districts, or may be entrusted to the Kunming Land and Mining Rights Trading Center. Article 7 The auction and transfer plan for the use rights of state-owned construction land shall be drawn up by the entrusted auctioneer, submitted to the administrative department of land and resources at the same level for review, and implemented after being submitted to the government at the same level for approval. Article 8 Before the auction and transfer of the right to use state-owned construction land, the urban and rural planning administrative department shall formulate detailed planning and design conditions for the spatial scope of a single parcel of land. If the same parcel of land is divided into different uses, the proportion of the parcel area occupied by the different uses should be clarified. Once the land is transferred, the planning and design conditions must not be changed; if changes are really necessary, they must be reported to the Kunming Urban and Rural Planning Committee for approval. Article 9 When auctioning and transferring the right to use state-owned construction land, an announcement shall be made in accordance with the relevant provisions of the "Kunming Municipal Land Supply Information Release Interim Measures". The announcement shall state the time, place, contact information of the bidding, the conditions that the bidder must meet, payment of the bidding deposit and other matters, and provide the bidder with relevant information on the auction parcel, including the location, area, purpose, maturity of supporting conditions, Planning and design conditions and drawings, land development time limit, land use life and bidding rules, etc. Article 10 Before the right to use state-owned construction land is transferred by auction, the auctioneer shall entrust an intermediary agency with land valuation qualifications to evaluate the land use rights based on the location, area, purpose, construction scale, planning and design conditions of the land to be supplied, and the benchmark land price announced by the government. , market transaction reference prices and recent adjacent land transaction prices, etc. are evaluated. After the evaluation report is filed with the land and resources administrative department, it will be used as a reference for the auction and transfer pricing of state-owned construction land use rights.

Article 11 In accordance with the principle of "whoever entrusts the commission shall set the price", the entrusted auctioneer shall provide a detailed explanation of the pricing content of the entrusted auction price. The auction bottom price and starting price shall be determined by the entrusted auctioneer on the basis of reference to the assessed price. It is determined after comprehensive consideration of factors such as land reserve expenditure, investment in urban and rural infrastructure construction, and market transactions. The starting price shall be submitted to the Municipal Land Reserve Committee for collective decision-making. Article 12 The reserve price for auction transfers shall not be lower than the lowest price standard stipulated by the state or the lowest price standard for land transfer prices in Kunming City. Article 13 The base price for the auction and transfer of state-owned construction land use rights shall be strictly confidential and shall not be leaked.

The list of bidders participating in the auction of state-owned construction land use rights shall be kept strictly confidential and shall not be disclosed before the auction begins. Article 14 Bidders shall pay a bidding deposit when registering.

The bidding deposit shall be in cash and shall be collected at no less than 30% of the starting price, and the entrusted auctioneer shall determine the specific amount based on the specific conditions of the parcel.

Bidders should go to the bank designated by the Municipal Land and Mining Rights Trading Center to handle the deposit procedures. When submitting the bidding application materials, they must also submit the bank deposit statement. The registration procedures can only be completed after the deposit is received.