Measures for the transfer and transfer of state-owned land use rights in cities and towns in Ningxia Hui Autonomous Region

Chapter 1 General Provisions Article 1 In order to strengthen the management of state-owned land assets, rationally develop, utilize and operate land, regulate the land market, and promote urban construction and economic development, in accordance with the "People's Congress of the People's Republic of China and the State Council" The Real Estate Management Law, the Interim Regulations of the People's Republic of China on the Assignment and Transfer of State-owned Land Use Rights in Guocheng Town, and relevant laws and regulations are formulated based on the actual situation of our district. Article 2 Any transfer of state-owned land use rights (hereinafter referred to as land use rights) within the urban planning area of ??our district must comply with these Measures.

During the transfer of land use rights, ownership remains with the state. Article 3 Domestic and foreign companies, enterprises, other organizations and individuals, unless otherwise provided by law, may obtain land use rights and carry out land development, utilization and business activities in accordance with relevant national regulations and these Measures. Article 4 Underground resources, buried objects and municipal public facilities are not within the scope of land use rights transfer, transfer, lease or mortgage. Article 5 For land users who have obtained land use rights in accordance with these Measures, their land use rights may be transferred, leased, mortgaged or used for other economic activities in accordance with the law within the period of use stipulated in the transfer contract. For individuals who obtain land use rights in accordance with these Measures, their land use rights can be inherited in accordance with the law, and their legitimate rights and interests are protected by law.

Land users who develop, utilize and operate land, transfer, lease, mortgage or use land use rights for other economic activities shall comply with the overall land use plan and urban planning, and comply with laws, regulations and rules. , and shall not harm the interests of the public. Article 6 The municipal and county people's governments shall strengthen the management of urban land in accordance with the principles of unified planning, unified land acquisition, unified development, unified management, and unified transfer. Article 7 The land management departments of the people's governments at or above the county level shall supervise and inspect the transfer, transfer, lease, mortgage and termination of land use rights in accordance with the law.

The transfer, transfer, lease, mortgage, and termination of land use rights and the registration of related above-ground buildings and other attachments shall be handled by the land management departments and real estate management departments of the people's governments at or above the county level in accordance with the law.

The construction administrative department and land management department of the autonomous region shall, in accordance with the division of powers stipulated by the People's Government of the autonomous region, perform their respective duties and cooperate closely to manage the real estate work in the region. Chapter 2 Transfer of Land Use Rights Article 8 Transfer of land use rights refers to the transfer of state-owned land use rights by the state to land users within a certain period of time, and the land users pay the transfer fee for the land use rights to the state (hereinafter referred to as transfer gold) behavior. Article 9 The transfer of land use rights shall be the responsibility of the municipal and county people's governments and shall be carried out in a planned and step-by-step manner. The land management departments of the municipal and county people's governments shall, together with the planning, urban planning, and construction management departments, prepare an annual plan for the transfer of land use rights based on the local national economic development plan, land use master plan, urban master plan, industrial policy, and annual construction land plan ( (hereinafter referred to as the land supply plan) shall be implemented with the consent of the people's government at the same level and submitted to the people's government of the autonomous region for approval.

The land supply plan includes the land area, location, scope, purpose, land supply method, estimated land price to be collected and feasibility analysis of the land use rights planned to be transferred that year. Article 10: After collectively owned land within an urban planning area has been requisitioned and converted into state-owned land in accordance with the law, the right to use the state-owned land can be transferred with compensation. Article 11: To transfer the land use rights of a specific plot of land, a transfer plan should be drawn up first. The transfer plan is jointly formulated by the land management department of the municipal and county people's governments together with the urban planning, construction management and real estate management departments based on the annual land supply plan, urban planning and capital construction investment plan, and in accordance with the "Ningxia Hui Autonomous Region Implementation of the People's Republic of China The construction land approval authority stipulated in the Measures of the Land Management Law of the People's Republic of China (hereinafter referred to as the "Implementation Measures") shall be implemented by the land management department after being approved by the people's government with approval authority.

The land use rights transfer plan should include the area, location, scope, transfer method, term, planned use and land price of the land to be transferred.

Relevant materials for land acquisition and allocation should be submitted for approval at the same time as the transfer plan. Article 12 For land that needs to be developed contiguously and comprehensively in accordance with urban planning and construction needs, the land can be requisitioned according to the development community's one-time application approval, and can be transferred or allocated for use in stages. Cultivated land within the requisitioned area that has not yet been constructed can be temporarily borrowed from agricultural collective economic organizations to arrange for continued cultivation. Article 13 The maximum number of years for the transfer of land use rights shall be implemented in accordance with the provisions of the State Council.

Article 14 A transfer contract shall be signed for the transfer of land use rights.

The land use rights transfer contract (hereinafter referred to as the transfer contract) shall be concluded between the land management department of the municipal and county people's government (hereinafter referred to as the transferor) and the land use right transferee in accordance with the principles of equality, voluntariness and compensation. (hereinafter referred to as the transferee) signed.

The transfer contract should include the land location, boundary, area, service life, land use planning and design requirements, transfer amount, payment method, total investment, development and construction period, restrictions and liability for breach of contract, etc.

The format of the transfer contract shall be uniformly printed by the land management department of the People's Government of the autonomous region. Article 15 The transfer of land use rights may take the form of auction, bidding or mutual agreement. Land for commercial, tourism, entertainment and luxury residential use should be auctioned and tendered. If land use rights are transferred by mutual agreement, the transfer fee shall not be lower than the minimum price stipulated by the state.