Provisions on Transferring the Right to Use State-owned Land by Bidding and Auction

Article 28 of the Regulations mainly clarifies the legal basis, principles, scope, procedures and legal responsibilities of transferring the right to use state-owned land through bidding, auction and listing. According to the Urban Real Estate Management Law, the Land Management Law and the Regulations for the Implementation of the Land Management Law, the following three systems have been established and improved: first, the bidding, auction and listing transfer system for operating land use rights; Second, an open, fair and just organization and implementation procedure system for bidding, auction and listing of state-owned land use rights; The third is a strict legal system.

The "Regulations" clearly stipulate that commercial, tourism, entertainment, commercial housing and other types of business land must be sold by tender, auction or listing. After the announcement of the land supply plan for purposes other than the above provisions, if more than two people intend to use the same land, it shall also be sold by tender, auction or listing. Listing transferring the right to use state-owned land means that the transferor issues a listing announcement, announces the trading conditions of the land to be transferred in the designated land trading place within the time limit specified in the announcement, accepts the bidder's quotation application and updates the listing price, and determines the behavior of land users according to the bidding results at the end of the listing period. Listing transfer is an innovation in the practice of bidding, auction, auction and transfer of land use rights in Guangdong, Jiangsu and Chongqing. Listing transfer comprehensively embodies the advantages of bidding, auction and agreement, and is also an important way to transfer the right to use state-owned land. It has the characteristics of openness, fairness and justice, and is especially suitable for the present situation of China's land market, with advantages that bidding and auction do not have:

First, the listing time is long, allowing multiple quotations, which is conducive to investors' rational decision-making and competition;

Secondly, it is easy to operate and carry out;

Third, it is conducive to the formation and operation of the tangible land market. Therefore, the "Regulations" juxtapose listing transfer with bidding, auction and auction, regard listing transfer as an important supplement to bidding, auction and auction transfer of state-owned land use rights, and make detailed provisions on the scope and procedures of listing transfer. Considering that there may be multiple bidders competing on the closing date of listing, in order to maximize the land benefits, according to the Urban Real Estate Management Law and other laws and regulations, Article 19 of the Regulations stipulates: "If there are still more than two bidders asking for quotations on the closing date of listing, the transferor shall conduct on-site bidding for the listed parcel, and the land use right shall be obtained by the highest bidder."

legal ground

Article 4 of the Provisions on Transferring the Right to Use State-owned Land by Bidding, Auction and Listing (OrderNo. 102 of 2004). The Ministry of Land and Resources 1 1) defines the scope of bidding, auction and hanging, and stipulates that all kinds of business land such as commerce, tourism, entertainment and commercial housing must be sold by bidding, auction and hanging. After the announcement of the land supply plan for purposes other than those specified in the preceding paragraph, if there are more than two intended land users on the same parcel, it shall also be sold by tender, auction or listing.