黑龙江省实施《中华人民共和国城镇国有土地使用权出让和转让暂行条例》办法

黑龙江省实施《中华人民共和国城镇国有土地使用权出让和转让暂行条例》办法 黑龙江省实施《中华人民共和国城镇国有土地使用权出让和转让暂行 条例》办法 Promulgated by the people's Government of Heilongjiang province (promulgated by the people's Government of China) 19921225 (time of promulgation) 19930101 (time of implementation) Order No. eleventh of the people's Government of Heilongjiang Province Measures for the implementation of the Interim Regulations on the granting and transfer of the right to use state-owned land in cities and towns in Heilongjiang Province, People's Republic of China Chapter I General Provisions The second chapter, the transfer of the right to the use of land The third chapter is the transfer of the right to the use of the land The fourth chapter, the lease of land use right The fifth chapter is the mortgage of land use right The sixth chapter is the termination of the right to the use of the land The seventh chapter allotted the right to use the land The eighth chapter, penalty The ninth chapter is the supplementary provisions Chapter I General Provisions Article 1 These measures are formulated in accordance with the fifty-third provisions of the Interim Regulations on the granting and transfer of the right to the use of state-owned land in cities and towns of the People's Republic of China (hereinafter referred to as the provisional regulations). Second, the implementation of urban state-owned land use rights transfer, transfer system. In the administrative area of this province, such measures shall be observed in the granting, transfer, lease and mortgage of the state-owned land use rights of cities and towns. Third "urban state owned land as mentioned in these Measures refers to the city, county, towns and industrial and mining area belongs to the people of all the land (hereinafter referred to as the land), except buried underground resources, and municipal utilities. Fourth companies, enterprises, other organizations and individuals at home and abroad may, in addition to the provisions of the law, acquire land use rights in accordance with the provisions of these measures, and carry out land development, utilization and management. Article fifth the right to the use of land obtained in accordance with these measures may be transferred, leased, mortgaged or used for other economic activities within the term of use, and the lawful rights and interests shall be protected by law. Sixth users of land who exploit, utilize and manage land activities shall abide by the relevant laws, regulations, rules and regulations, and shall not harm the public interests. The land administration department of the people's government at or above the county level shall be responsible for the assignment and transfer of the right to the use of the land, and shall be responsible for the registration, supervision and inspection of the assignment, transfer, lease, mortgage and termination of the right to the use of the land, and the Seventh Party shall be responsible for the transfer and assignment of the right to the use of the land. The property management department of the people's government at or above the county level shall be responsible for the registration, transfer, lease, mortgage, termination of the land use right, registration of the above ground buildings and other attachments. Registration documents are publicly accessible. The second chapter, the transfer of the right to the use of land Eighth of the land use rights transfer refers to the state as the owner of the identity will be within a certain period of land use rights to land users, and land users to pay state land use rights transfer behavior. The right to use the ninth land use, land location, area, age and other conditions, by the people's Government of the city and county land management department in conjunction with the Department of planning, city planning and construction and the housing administration departments plan. Land use right transfer scheme should be in accordance with the "implementation of the land management regulations of Heilongjiang province" provisions of the land requisitioned for state construction, allocation of authority for approval of the approval, the implementation of the land management department by the land where the city and County People's government. Tenth land use rights transfer, the city and County People's government land management departments and land users signed a transfer contract. The contract for the assignment of the right to the use of the land shall have the main provisions such as the location, area, purpose, number of years, time limit for construction, the amount of the assignment, the mode of payment and the time limit, and the liability for breach of contract. The maximum time limit for the assignment of the right to use the eleventh land shall be determined according to the following purposes: (a) seventy years of residential land; (two) industrial land for fifty years; (three) education, science and technology, culture, health and sports land for fifty years; (four) commercial, tourist and recreational land for forty years; (five) comprehensive or other land use for fifty years. The land administration department of the twelfth city and County People's Government shall jointly with the finance department and the price department, city planning and real estate management departments in accordance with the land use, land location, volume of construction and land use, based on urban land grading on the administrative area of the leasing of land use rights for regular assessment sure, the right to use as a benchmark price, get the basic charge out damages based on the transfer of land. The transfer of the right to use the thirteenth land may be carried out in the form of bidding, auction and agreement. Fourteenth land use rights sold, the municipal and County People's government land management departments shall, in conjunction with the relevant departments, in accordance with the approved transfer scheme, to the transferee intends to provide the following information: (1) the location, scope, area, current situation of the land and the status of urban infrastructure; (two) the planning requirements for land use, building capacity, density, headroom and so on; (three) environmental protection, landscaping, sanitation and epidemic prevention, traffic, earthquake resistance and fire protection requirements; (four) the methods and rules for the transfer of land use right, the number of years of assignment, the mode of payment and the number of years of completion of the construction project; (five) other relevant documents. Fifteenth bidding procedures for the transfer of land use rights: (1) the land administration department of the municipal or county people's government issues a bid invitation book or announcement; (two) the bidder shall submit the bid and submit the deposit to the land administration department of the municipal and County People's Government in accordance with the bidding documents; (three) the land administration department of the municipal or county people's Government shall organize the relevant departments to review the bidding documents and issue notice of winning the bid to the winning bidder; (four) the winning bidder shall, within thirty days, sign the contract for the transfer of the right to the use of the land with the municipal and County People's government's land administration department, and pay a deposit of 20% of the transfer fee of the land use right; (five) the successful bidder shall pay the land use right to the land administration department of the municipal and County People's governments and obtain the land use certificate after the payment of the transfer fee of the land use right contract, thus obtaining the right to the use of the land. Sixteenth procedures for transferring land use rights at auction: (1) the land administration department of the municipal or county people's government issues an auction announcement; (two) bidders shall go to the land administration departments of the municipal and County People's governments to participate in bidding procedures; (three) the people's Government of the city and county land management department in the prescribed time, location, organization of public auction, read by the host auction rules of land use rights, land and the announced price, bidders should price competition, and finally determine the bidder for the transferee; (four) the transferee and the municipal and County People's government land administration departments on the spot signed land use rights transfer contract, and pay 20% of the land use rights transfer deposit; (five) the transferee according to the provisions of the assignment contract to pay the leasing of land use rights of land use rights, to the people's Government of the city and county land management departments for land registration, a land-use permit to obtain land use rights. Seventeenth procedures to sell land use rights procedures: (1) the land administration department of the municipal or county people's Government shall provide the necessary transferee with the necessary materials and relevant provisions to sell the land use right; (two) the interested transferee shall, within the prescribed time, submit the land development and construction scheme, the price and the payment method to the land administration department of the municipal and County People's governments; (three) the land administration department of the municipal and County People's governments shall give a reply to the documents submitted by the interested transferee within fifteen days; (four) the land management department of the municipal and County People's governments agrees with the interested transferee, and the two parties sign the contract for the transfer of the right to the use of the land, and the transferee pays the deposit of 20% of the land use right; (five) the interested transferee shall pay the land registration and the land use certificate to the land administration department of the municipal and County People's governments, and obtain the right to the use of the land after paying the transfer fee of the land use rights as stipulated in the contract. Article eighteenth without the consent of the transferor, the overdue payment of the transfer fee, the municipal and County People's government land management departments have the right to terminate the contract, the user paid the deposit is not refundable. If the land administrative department of the municipal or county people's government fails to provide the right to the use of the land in accordance with the contract, the land user shall have the right to terminate the contract and the land administration department of the municipal or county people's Government shall return the deposit twice. If the bid winner fails to sign the contract for the transfer of the right to the use of the land with the land administrative department according to the prescribed date, the bid shall be cancelled and the deposit shall not be refunded. The earnest money paid by the bidder who fails to win the bid shall be returned by the land administration department of the municipal or county people's government. Nineteenth, according to the approved land use rights transfer program, the city and County People's government organizations bidding or commissioned by the relevant units to pre sell land development, and then the transfer of land use rights. Twentieth users of the land shall be stipulated in the contract development, utilization and management of land, the need to change the land use as stipulated in the contract for granting the land-use right, shall obtain the consent of the assigning party and the approval of the land where the city and County People's government land management departments and city planning departments, and according to the provisions of this chapter to re sign the lease contract, leasing adjustment and for the registration of land use rights, land use permit renewal. The third chapter is the transfer of the right to the use of the land The twenty-first transfer of the right to the use of land means the transfer of the right to the use of land by land users, including selling, exchanging and giving. The land use right shall not be transferred without the investment, development and utilization of the land according to the time limit and other conditions stipulated in the contract for the assignment of the right to the use of the land. Twenty-second transfer of land use rights should be signed transfer contract. When the right to the use of the land is transferred, the rights and obligations specified in the contract for the transfer of the right to the use of the land and the registered documents are transferred accordingly. Twenty-third users of land through the transfer of access to the use of land tenure, for the right to use the land contract stipulated by the use of less than the original land users have used the remaining years of life. When the twenty-fourth right to use the land is transferred, The ownership of the above ground buildings and other attached objects is transferred accordingly. Twenty-fifth owners or co owners of buildings on the ground or other attachments shall enjoy the right to the use of the land within the scope of use of the building and its attachments. Where the land user transfers ownership of the building on the ground or other attachments, the right to the use of the land within the scope of use shall be transferred, except where the above ground buildings and other attachments are transferred. The ownership of the twenty-sixth land use rights and the buildings on the ground and other attachments can be divided and transferred. Where the property right of a building is divided and transferred, the right to the use of the land shall be divided and transferred at the same time within the scope of use of the building. If the right to the use of the land cannot be divided, it shall be dealt with in accordance with the right to use the common land. The right to use the land and the ownership of the above ground buildings and other attachments shall be divided and transferred, and shall be approved by the land administration department of the city and County People's government and the real estate administration department. The transfer of the right to use the land twenty-seventh, the two sides should hold the transfer contract and the relevant documents, go through the land use right transfer registration to the land administration department of the people's Government of the city or county, land use permit renewal. Land users due to the transfer of the above ground buildings and other structures of ownership and lead to the transfer of land use rights, were to be the people's Government of the city and county land management departments, property management for the right to use the land and buildings and other fixtures transfer registration, renewal of land use and property certificates. When transferring the right to use the twenty-eighth land, the assignor shall pay the land increment fee to the land administration department of the municipal or county people's government. Land value increment fees shall be collected according to a certain proportion of the added value, and the specific standards shall be determined by the municipal and County People's governments. After the transfer of the right to use the twenty-ninth land, it is necessary to change the land use stipulated in the contract for the assignment of the right to the use of the land, which shall be handled in accordance with the provisions of the twentieth article of these measures. The fourth chapter, the lease of land use right Thirtieth land-use rights refers to the land user as the Lessor will land use rights alone or together with the above ground buildings and other attached objects to the lessee for use by the lessee to pay rent lessors. If the land is not invested, developed or utilized without the term and conditions stipulated in the contract for the assignment of the right to use the land, it may not be leased. The lease shall be signed between the lessor and the lessee for the lease of the right to use the thirty-first land. The lease contract shall not contravene the provisions of the laws, regulations and rules and the contract for the assignment of the right to the use of the land. The time limit for the lease of the right to use the thirty-second land shall be determined through consultation between the lessor and the lessee in the term of use stipulated in the contract for the assignment of the right to the use of the land. During the lease of the right to use the land, the lessor must continue to perform the contract for the assignment of the right to the use of the land, and the lessee shall enjoy the rights and obligations under the lease contract. The thirty-third lessor shall notify the lessee three months in advance of the right to use the land during the lease of the right to the use of the land. Under the same conditions, the lessee shall have the right to assign priority to the lessee. Where the lessor transfers the right to the use of the land to the third party during the lease of the right to use the land, the original lease contract shall continue to be valid for the third party and the lessee. Thirty-fourth land use rights and the above ground buildings and other attachments to the lease, The lessor shall, within fifteen days after the lease contract is signed, go to the land administration department of the people's Government of the city and County People's government and the real estate administration department for registration procedures respectively. Without the registration formalities, the lease contract is invalid. Any change made by the lessor or lessee shall be carried out in accordance with the provisions of the preceding paragraph. The fifth chapter is the mortgage of land use right Thirty-fifth of the land use right mortgage refers to the land user as the debtor or the third person (hereinafter referred to as collateral), the right to use the land and buildings on the ground and other attachments as collateral to the creditor (hereinafter referred to as the mortgagee) as the debt guarantee behavior. Thirty-sixth land use rights mortgage, mortgage and mortgagee must sign a contract to determine the rights and obligations of both parties. The mortgage contract shall not contravene the provisions of the laws, regulations and regulations and the contract for the assignment of the right to the use of the land. The term of the thirty-seventh mortgage shall be determined by the mortgagor and the mortgagee during the term of use stipulated in the contract for the assignment of the right to the use of the land. In the period of mortgage, the ownership of the land use right and the building on the ground and other attachments will not be transferred, and the mortgagor must continue to fulfill the contract for the assignment of the right to the use of the land. The thirty-eighth mortgagor may establish several mortgages at the same time within the scope of the value of the mortgaged property. Thirty-ninth of the land use right and the buildings and other attachments to the mortgage, the mortgagor and the mortgagee shall within fifteen days after the mortgage contract is signed, respectively to the land where the city and County People's government land management and property management for mortgage registration. Without the registration formalities, the contract of mortgage is invalid. Article fortieth the mortgagor fails to perform the debt or bankruptcy, bankruptcy in the mortgage contract, the mortgagee has the punishment in accordance with the provisions of laws and regulations and the mortgage contract of the mortgaged property, the pledge or mortgage transfer price priority rights. In the event that the mortgaged right deals with the mortgaged property, the right to the use of the land and the building on the ground and other attachments shall be divided and transferred, which must be approved by the land administration department of the city and County People's government and the real estate administration department. In accordance with the provisions of the preceding two paragraphs, the ownership of land use rights and the ownership of buildings and other attachments on the ground shall be handled in accordance with the relevant provisions. When the forty-first mortgagor pays off the mortgaged property, a mortgage has several mortgages, and it shall be repaid in accordance with the order of the registration of the mortgage. If the forty-second mortgage is eliminated due to debts or other reasons, the mortgagor and the mortgagee shall, within fifteen days, cancel the mortgage registration in accordance with the provisions of the original registration organ. The sixth chapter is the termination of the right to the use of the land The right to use the forty-third land is terminated due to the expiration of the service life stipulated in the contract for the assignment of the right to the use of land, the premature resumption of land and the loss of land. The ownership of the right to the use of the land and the buildings on the ground and other articles attached to the land are obtained free of charge by the state upon the expiration of the forty-fourth right to use the land. The land use certificate and other documents of the land user shall be abolished at the same time, and the registration shall be cancelled by the land administration department of the city and County People's government and the real estate administration department. After the expiration of the forty-fifth land-use right, the land user may apply for renewal. Renewable, The land use rights six months prior to the expiration of the transferor for transferring party consent shall be in accordance with the provisions of chapter second of the re signing of the contract, pay the leasing of land use rights, and registration. Forty-sixth in special circumstances, according to the needs of public interests, the state can be in accordance with legal procedures in advance of land use rights, and give the corresponding compensation according to the land user has used the term and the actual situation of the development and utilization of land. The seventh chapter allotted the right to use the land The right to use the forty-seventh allotted land refers to the right to use the land which has been obtained by other users in accordance with the law without the payment of the transfer fee according to these procedures. The transfer, lease and mortgage of the right to use the allocated land shall be handled in accordance with the provisions of this chapter. Forty-eighth transfer land use rights transfer, lease, mortgage must advance to the land, city and County People's government land management departments to re apply the land use rights transfer procedures. The approval process is as follows: (1) land users shall submit written applications to the land administration departments of the people's governments of the cities and counties of the land where they hold the certificates of the use of state-owned land and other certificates of property rights of the buildings on the ground and other attachments; (two) the land administrative departments of the municipal and County People's governments have signed the contract of granting the right to the use of land after consultation with the applicant; (three) the land user shall transfer the date of the contract land management department of land within thirty days of the city or county people's government to sell the land use rights for land use rights, land use rights transfer registration procedures; (four) land use rights transfer, lease, mortgage, the parties signed land use rights transfer, lease, mortgage contract; (five) the land user shall in the transfer, lease, mortgage contract signed within fifteen days from the date to the municipal or county people's government land management and property management department for the right to use land and buildings and other fixtures on the registration formalities. Forty-ninth transfer land use rights transfer, lease, mortgage, pay the transfer of land use rights, land prices should be marked by a certain proportion of the charge, but not less than 30% of the land mark pricing. The allocation of land use rights can be leased, monthly or yearly to the government land management departments to pay the leasing of land use rights, the specific measures for the payment is determined by the municipal or county people's government, the provincial land management bureau. Fiftieth the allocation of land use rights on the ground and buildings, other structures of ownership transfer, lease, mortgage, transfer of land use right expires, the land use right by the land where the city and county governments to recover unpaid land; the buildings and the city and county governments to recover, should be based on the actual situation to give appropriate compensation. Article fifty-first made the allocation of land use rights, land users, due to migration, dissolution, bankruptcy or other reasons to stop using the land, city and county governments should be free to recover the land use rights, and may be sold in accordance with the provisions of these measures, any other organizations and individuals shall have the right to dispose of. For the use of allocated land, the people's governments of cities and counties may recover them free of charge in accordance with the requirements of urban development and the requirements of urban planning, and may be sold in accordance with the provisions of these measures. In the case of free allocation of land use rights, the municipal and County People's governments shall give appropriate compensation in light of the actual circumstances. The eighth chapter, penalty Fifty-second, in violation of the ninth provisions of these measures, without approval or ultra vires approval of the transfer program and sell land use rights, according to illegal occupation of land and ultra vires land punishment. Fifty-third in violation of these procedures without registration and without obtaining the land use permit, assignment, transfer, lease, mortgage has no legal effect of the land use rights by the people's Government of the city or county land management department to impose a transfer, transfer, lease and mortgage of 5/1000 of the amount of fines or land use rights. Fifty-fourth the land user fails to land use right transfer contract terms and conditions of the development and utilization of land, land management departments of the people's Government of the city or county shall be corrected, in addition to ten yuan per square meter to fifty yuan fine; if the circumstances are serious, unpaid land use rights. Fifty-fifth in violation of the regulations, unauthorized transfer, lease, mortgage transfer unit and individual land use rights segmentation and transfer of land use rights, land management departments of the people's Government of the city or county shall confiscate the illegal income, and according to the seriousness of the illegal impose a fine of less than 50%. The fifty-sixth fine will be turned over to the financial department at the corresponding level. The ninth chapter is the supplementary provisions Fifty-seventh individuals who have obtained the right to use the land in accordance with the provisions of these measures may inherit the right to the use of the land. Fifty-eighth users of land shall pay taxes in accordance with the provisions of the state tax laws and regulations. Article fifty-ninth in accordance with the present Measures for the leasing of land use rights and the transfer of land value-added costs included in the financial management of special funds, mainly for city construction and land development, the use of specific management measures by the Provincial Department of Finance and the Provincial Bureau of land management shall be formulated separately. Sixtieth of these measures by the provincial land administration bureau is responsible for the interpretation. Where the provisions of the sixty-first provinces in the past are inconsistent with the present measures, these Measures shall be implemented. Article sixty-second these Measures shall come into force on January 1, 1993. In December 12, 1997, the Legislative Affairs Bureau of the State Council recorded the records (sources) Local regulations (categories) Y (using logos) 1 (rank)