Does the transfer of state-owned land under an agreement need to disclose the transfer results and be open to supervision?

The agreement transfer of state-owned land needs to be announced and the transfer results are open to supervision_Bisen Youxin_Real Estate Development_Architecture Chinese Network The agreement transfer of state-owned land needs to be disclosed. From tomorrow, the "Specifications for the Transfer of State-owned Land Use Rights by Bidding, Auction and Listing" Two new regulations, namely the Regulations on the Transfer of State-owned Land Use Rights by Agreement, will be implemented nationwide. The "Specifications" clearly stipulate that for all state-owned land to be transferred by agreement in the future, after both parties to the agreement reach an agreement, the location, use, area, transfer period, land use conditions, intended land users, proposed transfer price and other information of the intended transfer must be disclosed in China. The land market website will be announced.

The agreement transfer of state-owned land needs to be publicized. Starting from tomorrow, two new regulations, "Specifications for the Transfer of State-owned Land Use Rights by Bidding, Auction and Listing" and "Specifications for the Transfer of State-owned Land Use Rights by Agreement" will be implemented nationwide. The "Specifications" clearly stipulate that for all state-owned land to be transferred by agreement in the future, after both parties to the agreement reach an agreement, the location, use, area, transfer period, land use conditions, intended land users, proposed transfer price and other information of the intended transfer must be disclosed in China. The land market website will be announced.

The conditions for low- and medium-priced commercial housing will be written into the land transfer documents. From now on, the planning conditions for the proportion of flats, house sales price limits, sales targets, etc. for low- and medium-priced, small and medium-sized ordinary commercial housing in various places will be Write it into the state-owned land transfer document and stipulate in the contract that only qualified applicants can participate in the land bidding, auction and listing. Starting tomorrow, two new regulations, "Regulations on the Transfer of State-owned Land Use Rights by Bidding, Auction, and Listing" and "Regulations on the Transfer of State-owned Land Use Rights by Agreement," will be implemented nationwide.

The transferee will be held accountable for breach of contract. According to the relevant person in charge of the Land Utilization Management Department of the Ministry of Land and Resources, the "Specifications" require that local land and resources departments can transfer the identified low- to medium-priced, small and medium-sized units to ordinary properties. Conditions such as the proportion of commercial housing units, housing sales price restrictions, sales targets, etc. are written into local land transfer documents, and transfer announcements are issued to the public. Only applicants who meet the conditions can participate in the public transfer of land.

In addition, the announced building restrictions, floor area ratio, green space ratio, project start and completion time, sales target conditions, sales price restrictions, etc. should be stipulated in the state-owned land use transfer contract, and the breach of contract should be clearly stated. responsibility. During the performance of the contract, local land and resources departments are required to strengthen supervision and inspection. If the transferee fails to carry out development, construction and sales in accordance with the transfer contract, on the basis of penalties imposed by the relevant departments in accordance with the law, the land and resources management department will also hold them accountable for breach of contract, thus Ensure that the land supplied by the government can be converted into a supply of low- to medium-priced, small and medium-sized ordinary commercial housing in a timely manner.

To participate in bidding, auction and listing, you can apply in advance for the requirements of the "Specifications". Industrial land transfer will no longer be transferable by agreement, but must be transferred through land bidding, auction and listing. Previously, the Ministry of Land and Resources only clarified the scope of state-owned land transfer through bidding, auction, and listing, including commercial, tourism, entertainment, commercial residential and other commercial land.

In addition, the "Specifications" propose that local land and resources management departments can establish a land pre-application system if conditions permit. That is to say, if any unit or individual has the intention to use a specific land parcel included in the bidding, auction and listing transfer plan, they can submit a pre-application for land use to the relevant departments in advance and promise the land price they are willing to pay. If the municipal or county land and resources management department believes that the promised land price and conditions are acceptable, it shall organize the implementation of bidding, auction and listing transfer activities based on the land transfer plan and land market conditions, and notify the unit or individual who submitted the pre-application for the land to participate . Units and individuals who make pre-applications for land use shall participate in the bidding or bidding for the land, and the quoted price shall not be lower than the land price promised.

The transfer results are publicly subject to supervision. The relevant person in charge of the Land Use Management Department of the Ministry of Land and Resources said that in view of the lack of publicity in the transfer of previous agreements, the "Specifications" clearly stipulate that all state-owned land transferred by agreement in the future will be transferred after both parties to the agreement reach an agreement. , the location, use, area, transfer period, land use conditions, intended land users, proposed transfer price and other information of the intended land plot need to be announced on the China Land Market Network. If there is any objection during the publicity period and there is indeed a violation of laws and regulations upon review, the transfer agreement will be terminated. In addition, the results of the agreement transfer must also be disclosed to the public and subject to supervision.

Related links There are three problems in the transfer of state-owned land. The main person in charge of the Land Utilization Management Department of the Ministry of Land and Resources believes that although the transfer of state-owned land has made significant progress, overall, there are still some problems: First, Land transfer information disclosure is insufficient, and development investors lack expected preparations for market land supply; secondly, some places set conditions to restrict bidders in bidding, auctions, especially listing transfers, and the operating behavior is irregular; thirdly, the degree of openness of agreement transfers It is not enough, especially industrial land with competitive demand is still sold by agreement and has not yet been supplied through bidding, auction and listing.

According to Xinhua News Agency, the scope of state-owned land for sale by bidding, auction, and listing provides commercial, tourism, entertainment, commercial residential and other types of commercial land, as well as industrial land with competitive requirements; other land supply plans have two or more of the same land after the announcement. The above-mentioned intended land users; the allocated land use rights change the use, and the "State-owned Land Allocation Decision" or laws, regulations, administrative regulations, etc. clearly indicate that the land use rights should be recovered and transferred by bidding, auction, and listing; the allocated land use rights are transferred, and the "State-owned Land Allocation Decision" or "State-owned Land Allocation Decision" or laws, regulations, administrative regulations, etc. The Land Allocation Decision or laws, regulations, administrative provisions, etc. clearly state that the land use rights should be recovered and transferred by bidding, auction, and listing; the land use rights transferred are changed for use according to the provisions of the "State-owned Land Use Rights Transfer Contract" or laws, regulations, and administrative provisions. If it is clear that the land use rights should be recovered and transferred through bidding, auction, and listing.

The scope of the agreed transfer of state-owned land supplies land for various purposes other than commercial land, such as commercial, tourism, entertainment and commercial housing, and there is only one intended land user for the same land after the land supply plan is announced; the original The holder of allocated or leased land use rights applies for transfer by agreement and is approved in accordance with the law; the transfer of allocated land use rights applies for transfer by agreement and is approved in accordance with the law; the holder of the transferred land use right applies for renewal and is reviewed and approved.

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