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Under what circumstances can the land be transferred by agreement?
What land can be sold by agreement for various purposes other than business land and industrial land, such as 1, commerce, tourism, entertainment, and commercial housing, and there is only one intended land user on the same plot after the announcement of land supply; 2, the original allocation, lease of land use rights to apply for agreement transfer, approved according to law, can be adopted by agreement, but the "State-owned construction land use right allocation decision", "State-owned construction land use right lease contract", laws, regulations, administrative rules and other exceptions. Unless it is clear that the land use right should be recovered and re-publicly transferred; 3. If an application for the transfer of the allocated land use right is approved according to law, it can be made by agreement, except as otherwise provided by laws, regulations and administrative rules such as the Decision on the Transfer of the Right to Use State-owned Construction Land. Unless it is clear that the land use right should be recovered and re-publicly transferred; 4, has been sold, leased land to apply for change of land use planning conditions, with the approval of the planning administrative department, can be used by agreement, but the "state-owned land use right transfer contract", "state-owned land use right lease contract" unless otherwise agreed; 5, the state-owned construction land use right transfer application for renewal, can be used by agreement; 6. For construction projects supplied by allocation, it is necessary to plan and construct supporting projects as a whole. If the supply of construction land cannot be divided, it can be supplied by agreement; 7. For urban fringe land, mezzanine land and flower planting land, etc. If it cannot be supplied independently, it can be transferred to the main body of the construction project according to the planning conditions of adjacent construction land approved by the planning department; 8, the use of subway stations (fields), public * * * service facilities, transportation hub and other public * * * space for building property or multi-functional three-dimensional development and utilization, the right to use construction land is transferred to the right holder who has obtained the construction land for traffic construction projects by agreement; The right to use supporting development and construction land such as subway stations (yards), public service facilities and transportation hubs obtained by agreement is mainly self-developed and the property is self-sustaining; 9. For-profit pension service institutions use existing construction land to engage in the construction of pension facilities, involving the transfer (lease) or transfer of the right to use construction land. On the premise that the original land use conforms to the plan, they may not change the land use, and allow the return of the land transfer fee (rent) and go through the formalities of agreement transfer or lease; 10. If a business cultural institution is transformed into a general competitive enterprise, the original allocated land for production and operation can be disposed of by agreement or lease; 1 1. Due to the adjustment of urban planning, the change of economic situation, the transformation of enterprises and other reasons, the state-owned allocated industrial land and state-owned leased industrial land that the land use right holder has obtained according to law can be re-leased if they conform to the planning and are approved according to law. 12. For enterprises that have recovered the original state-owned land use right due to relocation and transformation, after approval, they can adopt the agreement transfer method to arrange land with similar uses according to the land use standards; 13. When the enterprise is reorganized (bankruptcy, merger, merger, etc.). ), the right to use the production, operation and construction land that is not included in the enterprise restructuring assets can be transferred to the undertaker determined in the restructuring documents by agreement; 14, mining, quarrying, sand mining, Yantian and other ground production and tailings storage sites are encouraged to lease or transfer by agreement; 15. The historically illegal land that has been formed before the promulgation of this implementation opinion, including the completed projects on collective construction land, can be sold by agreement if the supply procedures of state-owned construction land need to be improved after being punished by the administrative department; 16. The effective legal documents and notice of assistance in execution of the people's court require the state-owned construction land to go through the formalities. Involving the transfer, it can be transferred to the land user by agreement with a clear notice of assistance in execution; 17. In other cases where laws, regulations and administrative rules clearly stipulate that the land use right can be transferred by agreement, the application for transferring the land use right by agreement must be approved by the relevant department or the enforcement notice of the people's court, and must comply with the provisions of relevant laws and regulations.
Legal objectivity:
Article 8 of the Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights refers to the act that the state, as the land owner, assigns the land use rights to the land users within a certain period of time, and the land users pay the land use rights transfer fees to the state. A transfer contract shall be signed for the transfer of land use rights. Article 13 of the Provisional Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights: (1) Agreement; (2) bidding; (3) auction. The specific procedures and steps for transferring the land use right in the manner specified in the preceding paragraph shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
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