Measures of Qinghai Province for Implementing the Interim Regulations of the People's Republic of China on the Assignment and Transfer of the Right to Use Urban State-owned Land (revised in 2020)

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Provisional Regulations of the People's Republic of China on the Assignment and Transfer of the Right to Use State-owned Land in Cities and Towns (hereinafter referred to as the Regulations) and relevant laws and regulations, combined with the actual situation of our province. Second enterprises, other economic organizations and individuals, except as otherwise provided by law, may obtain the land use right of our province in accordance with the Regulations and these Measures. Article 3 The term "urban state-owned land" as mentioned in these Measures refers to the state-owned land within cities, counties, towns and industrial and mining areas (hereinafter referred to as land).

Except for underground resources, buried objects and municipal public facilities. Article 4 The right to use collective land shall not be transferred until it is expropriated as state-owned land according to law. Article 5 The natural resources management department of the people's government at or above the county level is the competent department for the assignment and transfer of land use rights, and is responsible for the registration, supervision and inspection of assignment, transfer, lease, mortgage and termination of land use rights. Involving buildings and other attachments on the ground, it shall be registered with the real estate registration management department of the people's government at the city or county level.

Registration documents can be consulted publicly. Article 6 Where the land use right is used as a share, the following provisions shall apply after approval:

(a) joint-stock enterprises use state-owned land, and the right to use it obtained by means of transfer is priced as shares, and the shares are owned by the land users; The right to use the shares obtained by allocation is priced as shares, and the shares are owned by the state, managed by the municipal and county natural resources management departments, and turned over to the finance after dividends.

(2) When joint-stock enterprises use collective land, the state shall expropriate the collective land as state-owned land according to law and deal with it according to the provisions of the preceding paragraph. The original collective land owners can use the land acquisition compensation and resettlement fees to invest in joint-stock enterprises.

(three) rural collective economic organizations can share in collective land assets, and collective land shares may not be transferred. Chapter II Transfer of Land Use Rights Article 7 The transfer of land use rights shall follow the principles of equality, voluntariness and compensation, and the natural resources management department of the municipal or county people's government and the land users shall sign a contract for the transfer of state-owned land use rights. Article 8 The municipal and county people's governments shall, according to the national land planning, overall land use planning and urban planning, formulate an annual plan for the assignment of land use rights, incorporate it into the annual plan for land use, and report it to the people's government at a higher level for approval before implementation. Ninth land use right transfer scheme by the natural resources management department of the people's government of the city or county in conjunction with the urban construction, planning, real estate management department * * *. The transfer plan shall be implemented by the natural resources management department of the local city or county people's government after it is approved by the examination and approval authority stipulated in the Measures for the Implementation of the Land Management Law of the People's Republic of China in Qinghai Province.

The transfer plan includes the location, area, use, age, transfer mode, land price and other conditions of the land to be transferred. Tenth before the transfer of land use rights, the natural resources management department of the municipal and county people's governments shall, jointly with relevant departments, provide the following information to the applicant:

(a) the location, area, boundary, topographic map, ground status and infrastructure of the land;

(two) land use, building density, floor area ratio and clearance restrictions;

(three) the main engineering geological and hydrogeological characteristics;

(four) environmental protection, greening, transportation, earthquake and other requirements;

(5) Term and method of transfer;

(six) other information related to the transfer. Eleventh transfer of land use rights by agreement, according to the following procedures:

(1) The land-use applicant submits the land-use application to the transferor with the approved design task book (or feasibility study report) and enterprise registration certificate;

(two) the transferor shall, within fifteen days after examining the application for land use, provide relevant information to the eligible applicants in accordance with the provisions of Article 10 of these Measures;

(three) after receiving the relevant information provided by the transferor, the applicant shall submit the land development and utilization plan, the amount of leasing and the payment method and other relevant documents to the transferor within 30 days;

(four) the transferor shall give a written reply within thirty days after reviewing the relevant documents submitted by the applicant;

(5) Upon mutual agreement, the transferor and the land use applicant sign a contract for transferring the land use right. Twelfth land use rights bidding transfer according to the following procedures:

(a) the natural resources management department of the people's government of the city or county issued a tender announcement;

(2) The bidder shall put the sealed tender into the TEU at the time and place specified in the tender announcement, and pay a bid bond of 50,000 yuan;

(three) the tenderer shall invite professionals and relevant departments to form a bid evaluation committee to publicly preside over the bidding work.

The bidding work should be attended by notaries, and a notarial certificate should be issued;

(4) After the bid evaluation committee issues the bid-winning notice, the tenderer shall issue the bid-winning notice to the winning bidder and notify the unsuccessful bidder in writing;

(five) the winning bidder holds the "Notice of Winning Bid" and signs a land use right transfer contract with the tenderer within the agreed time.

If the winning bidder fails to sign a contract with the tenderer within the agreed time, it will be deemed as giving up the bid, and the deposit and deposit delivered by it will not be refunded; If the tenderer fails to sign a contract with the winning bidder at the agreed time, it shall compensate the winning bidder for its economic losses. Within fifteen days after the bid evaluation, the deposit paid by the unsuccessful bidder will be fully refunded.