济南市城镇国有土地使用权出让和转让暂行办法(Temporary measures for the assignment and transfer of the right to the use of state-owned land in jinan city)
济南市城镇国有土地使用权出让和转让暂行办法(Temporary
measures for the assignment and transfer of the right to the
use of state-owned land in jinan city)
Jinan government (promulgated unit)
19921118 (date of promulgation)
19921118 (implementation time)
Municipal order no. 52 (no.
Temporary measures for the assignment and transfer of the right to the use of state-owned land in jinan city
Chapter I general rules
Chapter ii assignment of land use right
Chapter iii assignment of land use right
Chapter iv lease and mortgage of the right to the use of the land
Chapter v termination of the right to use the land
Chapter vi appropriation of the right to use the land
Chapter vii legal responsibilities
Chapter viii supplementary provisions
Adopted at the 122nd executive meeting of the municipal people's government on October 12, 1992
Chapter I general rules
Article 1 in order to meet the needs of the reform and opening-up and the urban construction, rational utilization and management of land, according to the law of the People's Republic of China on urban state-owned land use right transfer and transfer of provisional regulations (hereinafter referred to as the regulations) and the relevant provisions of the provincial government, combined with the actual situation, formulated.
Article 2 the term "state-owned land" mentioned in this method refers to the land owned by the whole people in the urban, urban, urban and industrial areas of the city.
Article 3 these measures shall apply to the assignment, transfer, lease and mortgage of state-owned land use right in the urban areas within the administrative region of this municipality.
Article 4 in accordance with the regulations and the provisions of the measures to obtain the land use right of land users in China and overseas, within the use fixed number of year for land development, utilization and management activities, their legitimate rights and interests shall be protected by state law.
Land users shall abide by the relevant provisions of laws, regulations and rules in the development, utilization and operation of land and shall not harm the national interests or public interests.
Article 5 where the land users who have obtained the right to use the land according to the regulations and the provisions of these measures, the right to the use of the land may be transferred, leased and mortgaged within the period of use. When the land user is transferring, leasing or mortgaging the right to use the land, the above-ground buildings and other attached objects shall subsequently be transferred, leased, mortgaged. Where the land user transfers, rents, mortgaged the building and other attached objects, the use of the land within the use of the land shall be transferred, leased, and mortgaged. But the above-ground buildings and other fixtures are excluded from the transfer of movables.
The right to use the land obtained by individuals may be inherited within the use of the term of use.
Article 6 the people's government of the city shall uniformly lead and administer the assignment and transfer of state-owned land use right in the whole city.
The municipal land management department shall be responsible for the assignment of state-owned land use right in the city, and shall supervise and inspect the assignment, transfer, lease, mortgage and termination of the land use right in the city according to law.
The municipal real estate development and management department is responsible for the transfer, lease and mortgage of the land use right.
The municipal planning, housing, finance, prices and other relevant departments shall cooperate with the municipal land management department and the real estate development and management departments to strengthen the management of the transfer and transfer of the right to use of state-owned land in cities and towns.
Chapter ii assignment of land use right
Article 7 the transfer of the right to the use of the land shall be organized by the municipal people's government in a planned and methodically organized manner. Plots of land access sell one's own position, area, fixed number of year of the purpose, and other conditions, and by the municipal land administration department under the state council in conjunction with the city planning, planning, real estate development management, and other relevant departments jointly formulate, in accordance with the provisions of the state land examination and approval authority, after approval by the government, the municipal land management department to implement.
Article 8 of the land, and shall, according to the principle of equality, voluntariness, paid for, by the municipal land management department (hereinafter referred to as "licensor") and the land user (hereinafter referred to as "assignee") signed the contract of land access sell one's own.
Article 9 the term of assigning the right to the use of the land shall be determined by the municipal government according to the provisions of article 12 of the regulations.
Article 10 benchmark land price, by the municipal land administration department under the state council in conjunction with the city planning, demolition, finance, price and real estate development management department according to the geographical location of land plot, use fixed number of year, development situation, the purpose and planning a study on the factors such as parameters, after approval by the municipal people's government.
Article 11 the assignee shall provide the following information to the interested parties concerning the sale of the right of use:
(1) location, scope, area and cadastral map of the land;
(2) the status of the ground and the environment;
(3) use of planning regulations, building volume rate, density and clearance limit, etc.;
(4) the completion of the construction project and the construction expenses that must be invested;
(5) requirements for environmental protection, landscaping, health and epidemic prevention, traffic, earthquake resistance and fire fighting;
(6) status of municipal public facilities and construction plans or design requirements;
(7) forms and years of assignment;
(8) payment methods and requirements of the assignee;
(9) obligations of land users and related legal liabilities;
(10) other.
Article 12 the assignment of the right to the use of the land may take the following methods:
(I) agreement;
(2) bidding;
(3) auction.
If the land use right is to be sold by bidding or auction, it shall be notarized by notarization authorities.
Article 13 the procedure for assigning the right to the use of the land by the agreement;
(1) to submit the application for land use to the assignee and to obtain the information relating to the transfer of land by the transferee in the approval of the approved project documents, the source of funds and other relevant documents;
(2) when the transferee has obtained the relevant information, it shall submit the letter of intent for land, including the land development and construction plan and the amount of the land transfer payment, etc. within the prescribed time;
(3) the assignee shall reply within 10 days after receiving the letter of intent for land;
(4) licensor and licensee, after reaching an agreement to sign contract of land access sell one's own, and land approval formalities in accordance with the provisions, the assignee all delivery as stipulated in the contract transfer, land use right registration, obtain the state-owned land to use card.
Article 14 the procedures for bidding and assigning the right to use the land shall be:
(1) the party shall prepare the tender documents and issue the tender notice or the notice of bidding two months before the date of the tender.
(2) tenderers purchasing bidding documents and related information;
(3) the tenderer shall, in accordance with the provisions of the tender documents, deliver the deposit to the transferor, and the sealed tender shall be put into the designated box;
(4) the assignee shall form a bid assessment committee with the relevant departments. The bid assessment committee presides over bid opening, evaluation and award. Notification of the
winning bid for the winning bidder; Refund of the bid bond within seven days after the tender is opened;
(5) the winner and hold the bid-winning notice within 7 days after the opening of the tender shall be signed with the use of the land contract, and land approval formalities in accordance with the provisions, the winner all delivery as stipulated in the contract transfer, land use right registration, obtain the state-owned land to use card.
Article 15 auction of land use right procedures:
(1) notice of auction of land use right by the assignee;
(2) the bidder shall, within the prescribed time limit, hold the documents and materials for the purchase of the right to the auction of the land at the designated place, and collect the bidding number;
(3) the bidder shall participate in the auction after the bid is delivered according to the provisions of the auction notice;
(4) through bidding, the high bidder obtains the right to use the land, and immediately signs the contract of land use right with the transferor; To return the bid deposit within seven days after the auction ends;
(5) the high bidder shall deliver all the assignee within the prescribed time limit; To handle the registration of the right to use the land and collect the state-owned land use certificate.
Article 16 if a transferee fails to sign a contract of assignment within a prescribed period due to special circumstances, he or she shall, within five days prior to the expiration of the prescribed period, submit an extension of the application to the transferee, which may be postponed upon approval. The maximum extension shall not exceed 15 days.
If the transferee fails to sign a contract for sale, the transferee shall be entitled to cancel the contract and the deposit will not be returned.
Article 17 of the land users need to change the land use right transfer contract of land use and planning, should be reported to the land, planning and management department for approval, in accordance with the way to conclude a contract for the sale, adjustment, land transfer and the registration formalities within 30 days.
Chapter iii assignment of land use right
Article 18 the land user shall have the following conditions:
(1) all the transfer funds have been paid;
(2) to meet the requirements for land use and urban planning and construction as stipulated in the assignment contract;
(3) the amount of funds to be invested in the development and construction (excluding the transfer fee) has reached more than 20% of the total investment in the contract;
(4) other transfer conditions stipulated in the transfer contract have been realized.
Article 19. When the transfer of the right to the use of the land shall be examined and approved by the real estate development and management department, a transfer contract shall be signed by the transferor and the transferee.
Article 20 the term of use of the land obtained by means of transfer shall be the remaining years after the term of use of the contract of assignment is deducted from the time of use of the original land user.
Article 21 of the land use right transfer and the ownership of the above-ground buildings and other attached objects, the parties shall enter into force on the transfer contract to the land administrative department within 30 days from the date of the transfer registration formalities and property management department.
Article 22 in the case of the transfer of the right to the use of the land, the transferor shall pay the fee to the municipal government for the increment of the land use right. If the value added is less than one hundred percent, the value-added tax shall be paid by 40% of the value added. For a portion of 100 to 200 per cent value-added, 50% of the value shall be paid; If you add 200 to 300 percent of the value, you will pay sixty percent. For more than 300 percent of the value added, pay 70%.
Article 23 the land use right transfer price negotiated by the
assignor and the assignee, before signing a contract to transfer to city development office, audit and reported to the municipal people's government approval by the municipal development office.
The transfer price of the land use right is obviously lower than the market price, and the municipal people's government has the preemptive right.
Article 24 after the transfer of the right to the use of the land, the land users shall, in accordance with the provisions of article 17 of these measures, change the land use stipulated in the contract for assigning the right to the use of the land.
Article 25 whoever inherits the right to the use of the land and the ownership of the above-ground buildings in accordance with the law shall be legally certified to the land management department and the property management department for the registration formalities.
Chapter iv lease and mortgage of the right to the use of the land
Article 26 lease and mortgage land use right shall have the conditions stipulated in article 18 of these measures.
Article 27 the lessor shall enter into a leasing contract with the lessee when the use of the land is leased.
The lessor must continue to perform the contract for assigning the right to the use of the land after renting the land.
Article 28 the land use right and the rental of the above-ground buildings and other attached objects, the lessor shall hold a lease contract and relevant documents, since within 30 days from the date of signing the lease contract to the administrative departments of land and real estate management department to deal with the formalities that register.
Article 29. A mortgage contract shall be signed for the mortgage of the right to the use of the land. A mortgage contract shall not violate the provisions of laws, regulations and regulations of the state, province or city, as well as the assignment of the right to the use of the land.
Article 30. During the term of the right to use the land, the right to use the land and the above-ground buildings and other attached objects shall not be transferred, leased, mortgaged or otherwise disposed of. In any of the following circumstances, the mortgagee shall have the right to dispose of the land use rights, above-ground buildings and other fixtures used by the mortgagor in accordance with the provisions of the mortgage contract:
(1) the mortgagee fails to perform his debts at maturity;
(2) during the term of the mortgage contract, the mortgagor is declared to be dissolved or bankrupt;
(3) the mortgagor dies without the heir or the bequest refuses to pay off the debts.
Article 31 the mortgagee shall have the right of priority in the disposal of the land use rights and the proceeds from the above-ground buildings and other fixtures used by the mortgagor.
Article 32 by way of disciplinary mortgage the land use right, obtain the land use right by the land user should take relevant documents to the administrative departments of land and house property ownership transfer registration, the administrative department and fulfill the original assignment contract of land use.
Chapter v termination of the right to use the land
Article 33 within 60 days prior to the expiration of the term of land use,
The land user shall handle the formalities for the termination of the land use right, cancel the registration and return to the state-owned land use certificate. When the right to use the land is terminated, the ground buildings and other attached objects that must be removed shall be dismantled by the land user within the prescribed time limit; Those who do not dismantle and clean up on time should pay for demolition and cleaning expenses.
Article 34. When the right to use the land expires, the land user may apply for renewal. Apply for renewal, it shall, within one hundred and eighty days before the expiration of the land use right shall put forward written application, approval, in accordance with the provisions of the second chapter, the
measures to conclude a contract for the sale, pay the land use right transfer, and the relevant registration formalities.
Article 35. The transferor shall, in accordance with the requirements of the public interests of the public, collect the right to the use of the land in advance according to law and notify the users of the land by one hundred and eighty days in advance, and make a public announcement.
Call the land use right according to law, shall, according to the residual phase of the assignment contract, the total amount of transfer, land use characteristics, factors such as the value of the above-ground buildings and other attached objects, to give reasonable compensation to the land user.
The transferor and the land user shall have a dispute over the amount of the compensation, and shall not have the right to reclaim the right to the land according to the date stipulated in the notice.
Article 36 when the land use right is withdrawn in advance, the transferor may use the right of use of another plot to exchange with the land user. In exchange, the amount of compensation payable by the assignee shall be settled in balance with the amount of the transfer amount that the land user shall support, and the assignment contract shall be re-signed and the registration formalities shall be handled.
Chapter vi appropriation of the right to use the land
Article 37 if the land use right is approved by the land
administrative department of the city, the land use right may be transferred, leased or mortgaged.
(1) land users are companies, enterprises, other economic organizations and individuals;
(2) certificate of ownership of state-owned land;
(3) the above-ground buildings and other attached objects have lawful property right certificates;
(4) in accordance with the provisions of these measures, the contract for assigning the right to the use of the land shall be made up, and the proceeds from the transfer, lease or mortgage of the land shall be paid to the transfer fee.
Article 38 encourage productive enterprises to use the existing in land development activities, the allocation of land use rights to conducive to the adjustment of industrial structure, economic benefit, environmental benefit and social benefit is remarkable, with the approval of the municipal people's government, can give delay or reduction and value-added land transfer fee discount.
Article 39 will transfer land use rights for others to build a house or get housing, as a transfer, lease, mortgage, the allocation of land use rights shall be in accordance with the provisions of the measures to sign the transfer contract, payment of transfer, or to pay for, such as transfer fund.
Chapter vii legal responsibilities
Article 40 where the land user fails to develop and utilize the land according to the purpose, duration and conditions stipulated in the contract of assignment, the assignee shall order it to make corrections within a time limit; Those who fail to make corrections within the time limit shall be given a warning and shall be fined a standard of less than five yuan per square meter; If the party refuses to make amends, the assignee shall have the right to rescind the contract, recover the right to use the land without compensation, and confiscate the above-ground buildings and other attached objects; Where the land has been idle for more than two years, the assignee shall have the right to reclaim the right to use the land.
Article 41 if the land user fails to pay the full amount of the assignment due to the overdue contract, the assignee shall have the right to rescind the contract and request the compensation for breach of contract.
Where the assignee fails to provide the right to use the land as stipulated in the contract, the land user shall have the right to terminate the contract and request the compensation for breach of contract.
Article 42 where land use right is obtained by illegal means such as cheating or collusion and price, the land shall be disposed of illegally.
Article 43 where the transfer, lease, mortgage or inheritance of the right to the use of the land has not been registered in accordance with the relevant provisions, its actions shall be
invalid and shall be ordered by the relevant departments to make up the registration formalities within a prescribed time limit. Those who fail to do so shall be dealt with in accordance with the relevant provisions.
Article 44. The land administrative department shall order the right to transfer, lease or mortgage the right to the use of the land without the conditions stipulated in article 18 of the measures, and shall be ordered by the land administrative department to rectify the situation within a prescribed time limit and confiscate the illegal proceeds.
They are also fined up to thirty percent of their illegal income.
Article 45 the land-use right to did not deal with the formalities to transfer, lease and mortgage administrative transfer land use rights, the land administration department shall take back the state-owned land use right, confiscate the illegal gains, and impose a fine of less than thirty percent of the illegal income.
Article 46. A fine receipt issued by the financial department shall be used for the execution of a fine. All fines shall be paid in the same level.
Article 47 the parties to an administrative penalty decision disaffected, can be in accordance with the law of the People's Republic of China on administrative procedure law and the provisions of the regulations on the administrative reconsideration application for reconsideration or bring a
suit in a people's court directly. If a party fails to apply for reconsideration and does not bring a suit or carry out the punishment decision, the administrative organ that made the decision shall apply to the people's court for compulsory execution.
Article 48 city land management department and the city real estate development staff, the administrative department shall, in performing their duties, earnestly to follow the law strictly, improve the work efficiency, the dereliction of duty, abuse of authority, practice favoritism, be given
administrative sanctions by the competent department of the; If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Chapter viii supplementary provisions
Article 49 the land use right transfer and transfer of land use right value fee separately by the municipal administrative departments of land and the city real estate development management is charged by the municipal people's government, all paid at the same level financial, special funds for urban construction and land development. The audit department shall be audited on schedule and its results shall be reported to the people's government at the same level.
Article 50 where the assignment or transfer of the right to the use of land owned by the whole people is owned by the urban, county or county (city) urban area, construction town or industrial and mining area, the measures shall be implemented.
Where the right to use the land owned by the collectives must be transferred or transferred, the people's government shall, according to the approval authority of the land, be levied by the people's government according to law to be state-owned.
Article 51, various counties (city) governments can be reference to the present measures according to the land administration law of the People's Republic of China and other relevant laws, regulations, rules and regulations of land examination and approval authority, to be responsible for the organization of urban state-owned land use right transfer within their respective administrative jurisdictions and transfer of work.
Article 52 the specific problems in the implementation of these measures shall be explained respectively in accordance with the respective functions and powers of the land authority and the municipal real estate development administration office in jinan.
Article 53 these measures shall go into effect as of the date of promulgation.
Records of the state council's legislative council on 12 December 1997 (source)
Local regulations (category)
Y (logo)
1 (level)
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