Conditions for transfer of land agreement

Legal subjectivity:

Which land can be transferred by agreement? 1. Land for commercial, tourism, entertainment and commercial housing and other types of commercial land and land for purposes other than industrial land, its land supply announcement After the announcement, there is only one intended land user for the same parcel of land; 2. The holder of the original allocated or leased land use rights applies for transfer by agreement, and upon approval in accordance with the law, the agreement can be used, but the "Decision on the Allocation of State-owned Construction Land Use Rights", "State-owned Construction Land Use Rights Allocation Decision", "State-owned Construction Land Use Rights Allocation Decision" "Construction Land Use Rights Leasing Contract", laws, regulations, administrative regulations, etc., except where it is clearly stated that the land use rights should be recovered and transferred again to the public; 3. When applying for the transfer of allocated land use rights, the agreement transfer can be adopted according to the law, but the " Except for the Decision on the Allocation of State-owned Construction Land Use Rights, laws, regulations, administrative regulations, etc., which clearly state that the land use rights should be recovered and re-transferred publicly; 4. If the land has been transferred or leased and an application is made to change the land use planning conditions, it must be approved by the planning administrative department. An agreement can be adopted, except where otherwise agreed in the "State-owned Land Use Rights Assignment Contract" and the "State-owned Land Use Rights Lease Contract"; 5. When the owner of the transferred state-owned construction land use rights applies for renewal, an agreement can be adopted; 6. Among the construction projects allocated for supply, supporting projects that require overall planning and construction, and the construction land cannot be divided and supplied, can be supplied by agreement; 7. Urban corner land, sandwich land, flower arrangement land, etc. that cannot be independently determined for planning conditions. , it can be transferred to the subject of the construction project through agreement according to the planning conditions of adjacent construction land approved by the planning department; 8. Use public spaces such as subway stations (fields), public service facilities, transportation hubs, etc. to build superstructure properties or multi-functional three-dimensional development and utilization, the construction land use rights are transferred by agreement to the person who has obtained the use rights for the transportation construction project construction land; subway stations (fields), public service facilities, transportation hubs obtained by agreement The right to use land for construction and other ancillary development shall be mainly developed independently and the property shall be self-sustained; 9. For for-profit elderly care service institutions using existing construction land to engage in the construction of elderly care facilities, which involves the transfer (lease) or transfer of the right to use allocated construction land, the original land shall be On the premise that the use complies with the planning, the land use can not be changed, and the land transfer fee (rent) is allowed to be paid back, and the agreement transfer or leasing procedures are carried out; 10. If a commercial cultural institution is transformed into a general competitive enterprise, the land originally allocated for production and operation Land assets can be disposed of by agreement transfer or leasing; 11. Due to urban planning adjustments, changes in the economic situation, enterprise transformation, etc., the state-owned allocated industrial land and state-leased industrial land that the land use right holder has obtained in accordance with the law are re-transferred. , in line with planning and approved in accordance with the law, agreement can be adopted; 12. For enterprises whose original state-owned land use rights have been taken back due to relocation and transformation, upon approval, agreement can be adopted to transfer land for similar purposes according to land use standards; 13. When an enterprise is restructured (bankruptcy, merger, consolidation, etc.), the right to use the production and commercial construction land that has not been included in the restructured assets of the enterprise can be transferred by agreement to the successor specified in the reorganization document; 14. Mining, quarrying, sand mining, salt fields and other ground areas Land used for production and tailings stacking is encouraged to be leased, and can also be transferred by agreement; 15. Historical illegal land use that has been formed before the issuance of these implementation opinions, including projects built on collective construction land, needs to be improved after being punished by the administrative department. If the formalities for the supply of land for construction are required, the transfer can be carried out by agreement; 16. The effective legal documents of the People's Court and the notice of assistance in enforcement require the formalities for state-owned construction land. If transfer is involved, the transfer can be carried out by agreement to the land users specified in the notice of assistance in execution. ; 17. In other situations where laws, regulations, and administrative provisions clearly allow for transfer by agreement, application for transfer of land use rights by agreement must be approved by the relevant departments or an execution notice from the People's Court, and must comply with relevant laws and regulations. regulations. If your situation is more complicated, the website also provides online lawyer consultation services. You are welcome to have legal consultation. Legal objectivity:

Article 8 of the "Interim Regulations of the People's Republic of China on the Assignment and Transfer of State-owned Land Use Rights in Guocheng Town" refers to the transfer of land use rights by the state as the land owner. The act of transferring land use rights to land users within a certain period of time, and the land users pay land use rights transfer fees to the state. A transfer contract must be signed for the transfer of land use rights. Article 13 of the "Interim Regulations of the People's Republic of China on the Assignment and Transfer of State-owned Land Use Rights in Heguocheng Town" Land use rights can be transferred in the following ways: (1) Agreement; (2) Bidding; (3) Auction. The specific procedures and steps for transferring land use rights in accordance with the provisions of the preceding paragraph shall be stipulated by the people's governments of Sheng Autonomous Region and Municipalities directly under the Central Government.