Shenzhen Land Use Rights Bidding and Auction Regulations

Chapter 1 General Provisions Article 1 In order to strengthen the management of land use rights bidding and auction in Shenzhen Special Economic Zone (hereinafter referred to as the Zone), these regulations are formulated in accordance with the "Shenzhen Special Economic Zone Land Use Rights Transfer Regulations" . Article 2 These regulations shall apply to the bidding and auction of state-owned land use rights in the special zone. Article 3 The term “tenderer and auctioneer” as mentioned in these regulations refers to the land administrative department of the Shenzhen Municipal People's Government (hereinafter referred to as the municipal land administrative department).

The bidders referred to in these regulations include the People's Republic of China and companies, enterprises, other organizations and individuals at home and abroad. However, if the bidding announcement or bidding invitation has restrictions on the scope of bidders, the regulations shall apply: the winning bidder as mentioned in these regulations refers to the bidder who has obtained the land use rights in accordance with the procedures and conditions stipulated in these regulations.

The bidders referred to in these regulations include the People's Republic of China and companies, enterprises, other organizations and individuals at home and abroad. However, if there are restrictions on the scope of bidders in the auction announcement, the regulations shall apply; the bidder mentioned in these regulations refers to the bidder who obtained the land use rights at the highest price in accordance with the procedures and conditions stipulated in these regulations. Article 4 The term “tendering and tendering” as mentioned in these regulations refers to the act of transferring state-owned land use rights to a tenderer, and bidding for land use rights by bidders in accordance with the provisions of these regulations.

The auction referred to in these regulations refers to the act of the auctioneer artificially transferring state-owned land use rights, and transferring the land use rights to the highest bidder in the form of public bidding in accordance with the provisions of these regulations. Article 5 The tenderer and auctioneer shall conduct land use right bidding and auction based on the annual land supply plan approved by the Shenzhen Municipal People's Government and market demand. Article 6 Except for the circumstances stipulated in laws and regulations, the land for the following commercial projects shall be transferred by bidding and auction:

(1) Residential land

(1) Independent land Land for residential buildings and villas;

(2) Land for multi-story residential buildings;

(3) Land for mid- and high-rise residential buildings;

(4) Mixed commercial and residential properties Land;

(5) Mixed land for offices and apartments.

(2) Commercial land

(1) Restaurant land;

(2) Commercial and office mixed land;

(3 ) Land for wholesale and retail of department stores;

(4) Land for wholesale and retail of daily necessities;

(5) Land for wholesale and retail of means of production;

(6) Market land for business operations;

(7) Resort and entertainment land.

(3) Gas station land

(4) Land for other projects that the bidder and auctioneer consider suitable for transfer through bidding and auction.

The tenderer and auctioneer may transfer the land use rights through bidding or auction according to market conditions for the land used for the above-mentioned projects. Article 7 Bidding and auctions shall comply with the provisions of laws and regulations and follow the principles of fairness, impartiality and good faith. Article 8 After the successful bidder or winner obtains the land use right, he or she shall apply for the "Real Estate Development Qualification Certificate" from the municipal planning department with the "Land Use Rights Transfer Contract" (hereinafter referred to as the "Transfer Contract") and the "Real Estate Certificate" , apply for other licenses from relevant departments. Article 9 A bidding and auction committee shall be established for bidding and auctioning. The committee is composed of heads of the municipal land department, supervision department and relevant functional departments. The chairman of the committee shall be the administrative head or other principal person in charge of the municipal land authority. Article 10 The winning bidder or winner shall pay the land use right transfer fee, land development and municipal supporting facilities fees in one lump sum within five days of signing the "Assignment Contract" (hereinafter referred to as the winning bid price or transaction price). Article 11 For land transferred through bidding or auction, the winning bidder and the winner shall strictly carry out construction in accordance with the provisions of the "Assignment Contract" and shall not change the plan without authorization. The municipal land authority shall not change the key points stipulated in the Transfer Contract without the consent of the Municipal Planning Commission. Chapter 2 Tendering and Tendering Section 1 Tendering Article 12 Tendering may adopt public bidding or invitational bidding.

Open bidding refers to a bidding method in which bidders who meet the bidding conditions put their bids into the bid box within the specified period, and the bidder evaluates the bids, and the bidder with the highest bid or the highest comprehensive score wins the bid.

Invitation bidding refers to a bidding method in which the tenderer issues a bidding invitation to specific bidders and reviews the bids of the invited bidders. The bidder with the highest bid price or the highest comprehensive score wins the bid. Article 13 The use of public bidding or invitational bidding shall be decided by the tenderee based on the actual situation. However, if invitation bidding is adopted, the number of invited bidders shall not be less than three, and the bidders shall be selected comprehensively based on the planning situation, development intensity, business reputation and financial status. Article 14 The Bidding Committee is composed of seven people. Its main responsibilities are: preparing bidding documents, reviewing and approving the minimum winning bid price (hereinafter referred to as the minimum price), determining the objects to be invited to bid, reviewing the qualifications of bidders, and presiding over bid opening, evaluation and determination. Bidding work, confirm the winning bidder and issue a confirmation letter of winning the bid.

If comprehensive bid evaluation is used in the bidding review, two experts from all walks of life should be hired to participate in the bidding committee's review work.

When the Tendering Committee performs its duties, it shall do so in the name of the tenderer. Article 15 The base price for bidding shall be kept confidential. The members of the bidding committee and the staff participating in the bidding work are responsible for keeping the minimum price confidential.

When all bid prices are lower than the reserve price, the tenderer shall declare the bid invalid. However, if comprehensive bid evaluation is adopted, the winning bid price can be determined for excellent planning and design plans with the approval of all members present at the bid opening.