Legal provisions on joint bid

1. What are the rules for obtaining land use rights by auction?

According to Land Administration Law of the People's Republic of China, Urban Real Estate Administration Law of People's Republic of China (PRC), Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights, Provisions on Assignment of State-owned Land Use Rights by Bidding, Auction and Listing, and Specification for Assignment of State-owned Land Use Rights by Bidding, Auction and Listing.

Bidding qualifications and requirements Unless otherwise stipulated by laws and regulations, China people, natural persons, legal persons and other organizations at home and abroad can apply for participation. Applicants can apply separately or jointly.

Joint bidding shall be carried out in accordance with the relevant provisions of the "Specification for Bidding, Auction, Listing and Transfer of State-owned Land Use Rights". Bidders must pay the bid bond when registering, and only those who meet the bidding conditions after examination can obtain the bidding qualification.

According to the relevant regulations, in addition to submitting materials by category, the bidder shall also submit a letter of commitment that the bid bond does not belong to bank loans, shareholder loans, borrowing and raising funds, and the credit certificate of commercial financial institutions. The bidder shall start construction within one year from the date of land delivery, and complete it within three years from the date of commencement, and strictly implement the declaration system for commencement and completion.

Application and qualification examination (I) Acquisition of auction transfer documents Obtain the auction transfer documents in the time and manner specified in the auction announcement, including: (1) auction announcement; (2) Instructions for auction transfer; (3) Application for bid; (4) drawing a boundary map; (5) Requirements of land planning indicators; (6) A sample contract for the assignment of the right to use state-owned land; (7) A sample transaction confirmation letter. (II) Submitting an application Submit a written application and related materials to our center at the time and manner specified in the auction announcement.

Include: 1. If a legal person applies, submit the following documents: (1) application; (2) Valid certification documents of the legal entity; (3) The valid identification documents of the legal representative; (4) If the applicant entrusts others to handle the matter, it shall submit the power of attorney and the valid identity certificate of the entrusted agent; (5) Payment voucher for bid bond; (six) other documents required to be submitted in the auction transfer documents. (7) Credit certificate 2. If a natural person applies, submit the following documents: (1) application; (2) The applicant's valid identity certificate; (3) If the applicant entrusts others to handle the matter, it shall submit the power of attorney and the identity certificate of the entrusted agent; (4) Payment voucher for bid bond; (five) other documents required to be submitted in the auction transfer documents.

(6) Credit certificate 3. If other organizations apply, submit the following documents: (1) application; (2) Documents or valid certificates of the legal existence of the organization; (3) A valid certificate showing the identity of the person in charge of the organization; (4) If the applicant entrusts others to handle the matter, it shall submit the power of attorney and the identity certificate of the entrusted agent; (5) Payment voucher for bid bond; (six) other documents required to be submitted in the auction transfer documents. (7) Credit certificate 4. If an overseas applicant applies, submit the following documents: (1) Application; (2) valid identification documents of overseas legal persons, natural persons and other organizations; (3) If the applicant entrusts others to handle the matter, it shall submit the power of attorney and the valid identity certificate of the entrusted agent; (4) Payment voucher for bid bond; (five) other documents required to be submitted in the auction transfer documents.

Among the above documents, the application must be written in Chinese, and other documents can be written in other languages, but they must be accompanied by a Chinese translation, and the interpretation of all documents shall be subject to the Chinese translation. 5. For joint application, submit the following documents: (1) Application signed by all parties to the joint application; (2) Valid identification documents of the parties to the joint application; (three) the joint bidding agreement, the agreement shall stipulate the rights and obligations of all parties, and specify the transferee when signing the contract for the transfer of the right to use state-owned land; (4) If the applicant entrusts others to handle the matter, it shall submit the power of attorney and the valid identity certificate of the entrusted agent; (5) Payment voucher for bid bond; (six) other documents required to be submitted in the auction transfer documents.

(7) Credit certificate (3) Qualification examination Our center is responsible for examining the applications received within the time specified in the auction announcement. Only by paying the bid bond and passing the qualification examination can you obtain the bid qualification.

Upon examination, the application is invalid under any of the following circumstances: (1) The applicant is not qualified to bid; (2) Failing to pay the bid bond as required; (three) the application documents are incomplete or do not meet the requirements; (4) entrusting others to act as agents, and the entrustment documents are incomplete or inconsistent with the provisions; (5) Other circumstances stipulated by laws and regulations. (IV) Confirming the qualifications of bidders After examination, if the applicant pays the public bid bond in accordance with the provisions and meets the application conditions, our center will send a Letter of Confirmation of Bidding Qualification to confirm their bidding qualifications and notify them to participate in the auction transfer activities.

(V) Answering questions and on-site reconnaissance If the applicant has any questions about the public transfer documents, he can consult our center in written or oral form before the public transfer activities, and conduct on-site reconnaissance on his own. Our center does not uniformly organize applicants to conduct on-site reconnaissance of the land to be sold.

2. What are the bidding qualifications and requirements for the auction of state-owned land use rights?

Bidding qualifications and requirements Unless otherwise stipulated by laws and regulations, China people, natural persons, legal persons and other organizations at home and abroad can apply for participation.

Applicants can apply separately or jointly. Joint bidding shall be carried out in accordance with the relevant provisions of the "Specification for Bidding, Auction, Listing and Transfer of State-owned Land Use Rights".

Bidders must pay the bid bond when registering, and only those who meet the bidding conditions after examination can obtain the bidding qualification. According to the relevant regulations, in addition to submitting materials by category, the bidder shall also submit a letter of commitment that the bid bond does not belong to bank loans, shareholder loans, borrowing and raising funds, and the credit certificate of commercial financial institutions.

The bidder shall start construction within one year from the date of land delivery, and complete it within three years from the date of commencement, and strictly implement the declaration system for commencement and completion.

3. What is the basis for the auction of land by the Ministry of Land and Resources?

Basis and scope of land bidding, auction and listing. Legal Policy Basis The transfer of land rights through land bidding, auction and listing activities is the basic way to set and improve land property rights, which embodies the basic characteristics of land resources market allocation.

National laws, regulations, policies, departmental rules and normative documents clearly stipulate that land is listed for sale by bidding and auction, which has become the legal and policy basis for land bidding and auction. Laws and administrative regulations 1. People's Republic of China (PRC) Property Law. Land Administration Law of the People's Republic of China. People's Republic of China (PRC) City Real Estate Management Law. People's Republic of China (PRC) urban and rural planning law. People's Republic of China (PRC) administrative licensing law. Interim 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. Local Regulations (II) Documents of the State Council and the Central Commission for Discipline Inspection 1. Notice of the State Council on Strengthening the Management of State-owned Land Assets (Guo Fa [2006 54 38+0]654 38+05) 2. 3. Decision of the State Council on Deepening Reform and Strict Land Management (Guo Fa [2004] No.28). Notice of the State Council on Strengthening Land Regulation (Guo Fa [2006]3 1No.) 4. Notice of the State Council on Promoting Economical and Intensive Land Use (Guo Fa [2008] No.3) 5. The Supervision Department of the Central Commission for Discipline Inspection * * * on leading cadres' intervention and intervention in bidding for construction projects, assignment of operating land use rights, real estate development and management, etc. Provisions on Handling Personal Interests for Individuals, Relatives and Friends (Zhong [2004] No.3) 6. Measures for Handling Violations of Land Management Regulations (OrderNo. 15 of Ministry of Supervision, Ministry of Human Resources and Social Security and Ministry of Land and Resources) 3. Department regulations and normative documents 1. Provisions on transferring the right to use state-owned construction land through bidding, auction and listing (Decree No.39 of the Ministry of Land and Resources). 2. Provisions on Transferring the Right to Use State-owned Land by Bidding, Auction and Listing (DecreeNo. Ministry of Land and Resources 1 1)3. Specification for Transfer of State-owned Land Use Right by Bidding and Auction (Guo Tu Zi Fa [2006] 165438) 4. Notice of the Ministry of Supervision on Relevant Issues Concerning the Implementation of the System of Bidding, Auction and Listing for Transferring Industrial Land (No.04) 5. Notice of the General Logistics Department of the People's Liberation Army on Strengthening the Management of Idle Land Transfer by the Ministry of Land and Resources (29 [2007] of the Ministry of Land and Resources) 6. Normative documents issued by local governments. Standards and documents to be followed in land auction and listing. Bidding, auction and listing of land is a procedural and highly technical work, and a large number of technical standards and norms are needed in the operation.

At present, the standards and specifications that have been published and applied in the bidding, auction and listing of the right to use state-owned construction land mainly include: (1) Code for Urban Land Valuation (GB/T18508-2001); (2) Classification of land use status (GB/T 2 1065438). Model text of Contract for Assignment of State-owned Construction Land Use Right (Guo Tu Zi Fa [2008] No.86) (4) National Minimum Price Standard for Assignment of Industrial Land (Guo Tu Zi Fa [2006] No.307) (5) National Land Classification (Guo Tu Zi Fa [2006 5438+0] No.255) (6). Basic principles of transferring the right to use state-owned construction land by bidding, auction and listing Land bidding, auction and listing must adhere to the principles of openness, fairness, justice, honesty and credit, that is, the principle of "three publics and one trust".

This principle is clearly defined in the relevant policies of transferring the right to use state-owned construction land through bidding, auction and listing. The Provisions on Transferring the Right to Use State-owned Land by Bidding, Auction and Listing puts forward that the principle of openness, fairness, impartiality and good faith should be followed in transferring the right to use state-owned land by bidding, auction and listing.

"Regulations on Transferring the Right to Use State-owned Construction Land by Bidding, Auction and Listing" once again reiterated this principle: the principle of openness, fairness, impartiality, honesty and credibility should be followed in transferring the right to use state-owned construction land by bidding, auction and listing. (1) The principle of openness means that the bidding, auction and listing of the right to use state-owned construction land should be conducted openly and the whole process should be open and transparent.

Among the three principles of openness, fairness and justice, the principle of openness is the first. Without full publicity, there will be no realization of fairness and justice. As far as bidding, auction and listing of the right to use state-owned construction land are concerned, the principle of openness is to implement "six publicity" such as public transfer scheme, public parcel information, public transfer procedure, public collective decision-making, public bidding and public transfer results.

(II) Principle of Fairness The principle of fairness means that the legal relationship between the parties involved in bidding, auction and listing transfer activities is equal, that is, the transferor and the transferee, the entrusting party and the trustee, the bidder (investor) and the host of bidding, auction and listing activities are equal in civil rights and obligations, and the civil legal relationship is equal, so as to ensure that the bidding, auction and listing activities are fair from beginning to end. As far as the right to use state-owned construction land is concerned, adhering to the principle of fairness means to formulate equal bidding rules and treat all bidders who participate in land bidding, auction and listing fairly.

(III) Principle of Justice The principle of justice means that in the activities of bidding, auction and listing, all parties shall act fairly in accordance with the concept of fairness and justice, and ensure that the activities of bidding, auction and listing are conducted fairly from beginning to end. Adhere to the principle of fairness in the bidding, auction and listing of the right to use state-owned construction land, and require the land and resources management department as the transferor to treat all bidders fairly, and shall not protect one party or damage the other; Shall not abuse administrative power to harm the interests of the state and the parties concerned.

In the bidding, auction and listing activities, the parties provide false documents, conceal facts, pay bribes and collude maliciously, which are all illegal and illegal acts that affect the principle of justice. (IV) Principle of good faith The principle of good faith is the basic principle of civil law.

Used in land bidding, auction and listing activities, this principle refers to the parties involved in bidding, auction and listing activities in the whole bidding process.

4. The state sells land publicly. What laws and regulations require government departments to be correct before land transfer?

This "three links and one leveling" seems to be the most basic land consolidation to meet the requirements of the transfer conditions. Land leveling and large-scale supporting before land transfer should be completed.

However, in many practical cases, the land may not be leveled to 65,438+0,000% before land transfer, and in some principle cities or areas with difficult demolition, the speed of municipal supporting construction cannot keep up. Moreover, in the current urban commercial housing development plots, the three links and one leveling are only to meet the construction requirements. Before completion, besides water supply and drainage, a series of municipal supporting facilities such as gas, communication, heating and reclaimed water should be connected. These large-scale supporting interfaces can be completed before the completion of the project, but the reserved interfaces should be well combined with the design.

I checked the relevant information at hand for you, and I can only find some scattered documents referring to supporting facilities. For example, the Regulations on the Management of Urban Real Estate Development (1the State Council Decree No.248 of July 20, 1998) only mentions relevant municipal supporting facilities. The specific laws and regulations required by the' land consolidation' unit are probably local documents issued by local governments.

5. What is the legal basis for land listing?

Transfer of land use right refers to the behavior that the state transfers the state-owned land use right (hereinafter referred to as land use right) to land users within a certain period of time, and the land users pay the land use right transfer fee to the state.

After the collectively-owned land in the urban planning area is converted into state-owned land according to law, the right to use state-owned land can be transferred with compensation.

The transfer of land use rights must conform to the overall land use planning, urban planning and annual construction land plan. Where the local people's governments at or above the county level transfer the land use right for real estate development, they must prepare an annual plan for the total area of land use right transfer according to the control indicators issued by the people's governments at or above the provincial level, and submit it to the people's government of the State Council or the province for approval in accordance with the provisions of the State Council.

The transfer of land use rights can be by auction, tender or mutual agreement.

Commercial, tourism, entertainment and luxury residential land, conditional, must be taken by auction and tender; If auction or tender cannot be used unconditionally, it can be agreed by both parties.

The transfer fee for the land use right agreed by both parties shall not be lower than the lowest price determined by the state. The maximum period of assignment of land use rights shall be stipulated by the State Council.

6. Land auction process and rules

The auction procedures and rules are as follows: issue an auction announcement; The auction announcement shall be released at least 20 days before the auction date.

Two, the bidder to apply for registration and submit qualification documents, pay the performance bond; Three, the auctioneer according to the requirements of the auction documents to review and verify the qualifications and credit of bidders, bidding qualification certificates issued to eligible applicants; Fourth, public auction. The auction shall be conducted by the land auction host at the time and place specified in the auction documents according to the following procedures: 1. Before the auction begins, the bidder shall receive a unified number of bidding cards and bidding qualification certificates. If there are less than three bidders, the host shall terminate the auction of the parcel; 2. Bidders display bidding cards, and the host counts the bidders; 3, the host introduced the location, area, use, service life, planning requirements and other related matters of the auction land; 4, the host announced the tender price and price rules and the increase range, there is no reserve price, it should be explained; 5. The bidder shall bid according to the prescribed methods and requirements; 6. The host continues to bid after confirming the bid; 7. If the host announces the final bid for the second time in a row and fails to bid again, if the final bid reaches the auction reserve price, the host will drop the hammer after the third bid, indicating that the deal is made. If the final bid fails to reach the auction reserve price, the host shall announce the withdrawal of the auction target and stop the auction; 8. The host announced that the highest bidder was the bidder.

Five, after the auction, the transferor, the auctioneer and the bidder signed the "auction confirmation" on the spot. Six, the bidder shall pay the transaction service fee in accordance with the provisions, and sign the land use right transfer contract according to the "transaction confirmation".

The confirmation of the transaction has contractual effect on the transferor, the auctioneer and the bidder. Seven, the bidder to pay the deposit can be used as the transfer of land use rights.

The deposit paid by other bidders will be fully refunded (without interest) within 3 working days after the auction. Eight, the bidder has one of the following acts, the winning result is invalid.

The deposit received is not refundable. If losses are caused to the parties concerned, they shall be liable for compensation according to law: 1. The bidder reneges and refuses to sign the transaction confirmation or the land use right transfer contract; 2. Bidders and bidders provide false documents to conceal facts; 3, bidders, bidders take bribes, malicious collusion and other improper means to win the bid; 4. Other breach of contract stipulated by laws and regulations.