Haikou City Land Transaction Management Measures

Chapter 1 General Provisions Article 1 In order to strengthen land market management, standardize land transactions, ensure the legality and safety of land transactions, and further optimize the allocation of land resources, in accordance with the "People's Revolution of the People's Republic of China and the State Council" These Measures are formulated based on the provisions of the Urban Real Estate Management Law, the Hainan Special Economic Zone Land Management Regulations and other relevant laws and regulations, and the Decision of the Standing Committee of the Haikou Municipal People’s Congress on Several Issues Concerning Further Strengthening Land Management, based on the actual situation of this city. Article 2 These Measures shall apply to land use rights transactions within the administrative region of this city. Article 3 The term “land use right transactions” as mentioned in these Measures includes the transfer, transfer, lease, mortgage, and transfer and pledge of land use rights documents.

The transfer of land use rights mentioned in the preceding paragraph includes the following situations:

(1) Sale;

(2) Donation;

(3) Exchange;

(4) Using land as a share price, establishing a corporate legal person with others, and the land use rights change;

(5) One party provides the land use rights, and the other party provides the land use rights. One party provides funds for a joint venture or cooperation, and the land use rights change;

(6) The land use rights are transferred due to the acquisition, merger, consolidation or division of the enterprise;

(7) Using land use rights to pay off debts;

(8) Other situations stipulated by laws and regulations. Article 4 Land use rights transactions shall follow the principles of openness, fairness, impartiality, and good faith, and no unit or individual may illegally interfere. Article 5 The Municipal People's Government shall establish a land trading market as a specialized place for land use rights transactions.

The land trading market should have the following functions:

(1) Provide a trading place. Provide venues for land use rights transactions, negotiations, investment promotion, exhibitions and other activities, as well as bidding, auctions, and listing transactions;

(2) Handle transaction matters. Establish service windows for centralized offices such as land price assessment results filing, transaction transfer, tax collection, land registration and issuance;

(3) Provide transaction information. Publish and provide land supply and demand information, collect, store, and publish land transaction prices and transaction results, and provide consultation on land policies and regulations, land market management rules, land use investment directions, etc. Article 6 The municipal land administration department is the department in charge of land use rights trading activities. It is responsible for the administrative licensing of land use rights transactions, and supervises and manages the land trading market in accordance with the law.

The municipal finance, planning, construction, real estate, supervision, state-owned assets management, government investment management and other competent departments should coordinate and manage land transactions in accordance with their respective responsibilities. Article 7 Land trading agencies approved by the Municipal People's Government are service agencies for land use rights trading.

Their main responsibilities are:

(1) Implement land management laws, regulations, rules and policies, and specifically implement the construction plan and management objectives of the land trading market;

(2) Concretely implement the administrative and technical work of land use rights transactions;

(3) Accept the entrustment of the competent authorities and natural persons, legal persons and other organizations, and concretely implement the transfer and leasing of land use rights , transfer bidding, auction and listing transaction work;

(4) Collect, summarize, store, report and publish land transaction supply and demand information and transaction results;

(5) Undertake the city Other matters entrusted by the people's government and the municipal land administration department. Chapter 2 Transaction Methods and Conditions Article 8 Land rights transactions shall be conducted through bidding, auction, listed transaction and agreement transaction.

The term “bidding transaction” as mentioned in these Measures means that the municipal land administration department invites specific or unspecified bidders to bid for land use rights transactions by issuing a bidding announcement or bidding invitation, and the winning bid is determined based on the bidding results. human behavior.

The term "auction transaction" as mentioned in these Measures refers to the behavior in which the municipal land administration department publishes an auction announcement and bidders conduct public bidding at a designated time and place to determine the highest bidder as the winner.

The term "listed transaction" as mentioned in these Measures means that the municipal land administration department publishes the transaction conditions of the land parcels to be traded in the land trading market or online according to the time limit specified in the announcement by issuing a listing announcement, and accepts bidding. The bidder's bid application will be determined based on the bidding results at the end of the listing period.

The term "agreed transaction" as mentioned in these Measures refers to the transaction behavior in which the land use right holder or the owner of the land exchange interest letter finds the transferee, lessee, and mortgagee on his own through negotiation.

Article 9 The following land use rights transactions shall enter the land transaction market and be conducted through bidding, auction, listing transactions, etc.:

(1) Commercial, tourism, entertainment, commercial residential and other types of commercial land The transfer or lease of state-owned land use rights;

(2) The transfer or lease of state-owned land use rights for land other than commercial land after the land supply plan is announced, and there are more than two intended users of the same land;

(3) Upon approval, state-owned enterprises, collective enterprises and enterprises or companies with dominant public economic components may sell state-owned land use rights, use state-owned land use rights as shares, or use state-owned land use rights to enter into joint ventures. Developing or using state-owned land use rights to pay off debts;

(4) Selling allocated land use rights, using allocated land use rights as a price for shares, using allocated land use rights for joint ventures, with the approval of the people's government with approval authority Develop or allocate land use rights to pay off debts;

(5) Disposal of suspended construction projects involving the transfer of land use rights;

(6) People's court judgments or orders to sell land Use rights to pay off debts;

(7) Transfer of land use rights to realize mortgage rights;

(8) Other situations stipulated by laws, regulations, rules, etc.