What are the consequences of breach of the contract for transferring the right to use state-owned land?

The contract for transferring the right to use state-owned land refers to that the land management department of the people's government of the city or county, on behalf of the land owner country, as the transferor and transferee (land user), makes an agreement on the scope, area, life, use, delivery, payment of land use right transfer fee, land development, construction and utilization, land use right transfer, lease, mortgage, expiration and non-renewal of land use right. The establishment and effectiveness of the contract. Don't confuse them. A contract is established when both parties agree, that is, an agreement is reached through full consultation, but it does not mean that the rights and obligations of the transferor and the transferee stipulated in the contract are legally binding, that is, the contract takes effect. The effectiveness of the contract must meet certain conditions: (1) The subject of the contract is qualified. (2) The conclusion of a contract must be the true intention of the parties. (3) The procedure for concluding a contract must be legal. The contract shall be signed in accordance with the relevant procedures such as transfer, bidding, auction and listing of the state-owned land use right agreement, otherwise, the contract will be invalid. (4) The contents of the contract must be legal. The contract concluded by the transferor and the transferee after consultation shall not violate laws, regulations and social interests. (5) Approved by the municipal and county people's governments. (6) The contract must be in written form. Contract validity and contract performance. The validity of the contract refers to the legal consequences of the legally established contract for the assignment of the right to use state-owned land, that is, the contract is legally binding on the assignor and the assignee. The concrete manifestations are: (1) setting certain rights and obligations between the transferor and the transferee; (2) It is legally binding on the transferor and the transferee; (3) If the transferor or transferee fails to fully and correctly perform the contract, it may enforce the performance according to the requirements of the contract or require the defaulting party to bear the liability for breach of contract; (4) There are obligations attached to the contract, such as timely notification, assistance and prevention of loss expansion. The performance of the contract means that the transferee pays the transfer fee of the land use right according to the contract, and the transferor provides the transferee with the transferred land according to the contract. Alteration, rescission and termination of the contract. For the contract of transferring the right to use state-owned land, the municipal and county land management departments as the transferor are relatively fixed and generally will not change it at will. As a transferee, if the transferee intends to transfer the land use right to a third person, it belongs to the adjustment and regulation scope of the land use right transfer contract. If the contract has been fulfilled, there is no question of changing the subject of the contract. The change of the subject of the contract for transferring the right to use state-owned land mainly refers to the change of the transferee's name or the merger or division of the legal person during the period from the signing of the contract to the actual performance. According to the general theory of contract, legislation and judicial practice, after the merger and division of a legal person, its rights and obligations shall be borne by the newly established legal person, and there is no need to re-sign a contract for transferring the right to use state-owned land. For the change of the name of the transferee, the laws and regulations do not clearly stipulate that it is appropriate to re-sign the Contract for the Assignment of the Right to Use State-owned Land based on the fact that the transferee may be a natural person, a legal person or an unincorporated group and the convenience of land registration in the future. The dissolution of a contract refers to the act of dissolving the contractual relationship between the parties in advance due to legal reasons or the intention of the transferor, transferee or both parties before the contract is fully performed after it takes effect. There are mainly the following situations: the transferor and the transferee terminate the negotiation; The transferee fails to pay the land transfer fee in full within the time limit; The transferor fails to provide the land use right as agreed in the contract; The purpose of the contract cannot be achieved due to force majeure, land loss and other reasons. ; If the transferor fails to reach the development date agreed in the contract within two years, the transferee will take back the land use right and terminate the contract. The termination of a contract refers to the act of eliminating the contractual relationship between the parties due to the completion of performance, the expiration of the land use period or other legal reasons. For example, there are five situations in which the right to use state-owned land is taken back, such as the need to use land for public interests as stipulated in Article 58 of the Land Management Law; The land use right stipulated in the contract expires and the contract is terminated. According to the stipulations in the Contract for Assignment of State-owned Land Use Rights and the relevant provisions of the law, the land user may apply for renewal upon the expiration of the land use right, but it shall be submitted one year before the expiration at the latest, and the transferor shall approve it. At this time, it is necessary to re-sign the state-owned land use right transfer contract, pay the land use right transfer fee, and register. Liability for breach of contract. It refers to the legal liability that the transferor and transferee of the contract for transferring the right to use state-owned land should bear if they fail to perform the contract or fail to perform the contract according to the conditions stipulated in the contract, except for the exemption reasons stipulated by law. If the transferor fails to provide the land use right as required by the contract, it shall be liable for breach of contract. If the transferee fails to pay the land use right transfer fee on schedule, it shall also bear the liability for breach of contract. If the transferee fails to carry out the development and construction in accordance with the contract and fails to start the development one year after the commencement date agreed in the contract, the transferor may levy a land idle fee equivalent to less than 20% of the land use right transfer fee from the transferee. If the construction has not started for 2 years, the transferor may recover the land use right free of charge. The statutory exemption mainly refers to the delay in the commencement of development due to force majeure, the behavior of the government or relevant government departments or the preliminary work necessary for the commencement of construction. The law does not clearly stipulate whether the transferor or transferee can ask the other party to continue to perform the contract after breach of contract, but it should be possible according to the general practice and contract theory in practice. However, the law also gives the other party the right to terminate the contract. Legal relief. After one or both of the transferor and transferee breach the contract, how should the other party safeguard its legitimate rights and interests? First, it should be settled by both parties through consultation. If negotiation fails, the parties may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court. Of course, if the land user does not develop and utilize the land according to the time limit and conditions stipulated in the contract, or changes the land use without authorization, the municipal and county land management departments (who do not appear as the transferor at this time) can correct or punish them ex officio.