chapter I general provisions article 1 these measures are formulated in accordance with the relevant laws and regulations of the state and province and the actual situation of our city in order to standardize the bidding and auction of the right to use state-owned land in our city and establish an open, fair and just real estate market order. Article 2 These Measures shall apply to the activities of public bidding and auction of the right to use urban state-owned land within the administrative area of this Municipality (hereinafter referred to as land bidding and auction activities).
newly-added commercial land projects (including commercial housing, office buildings, shops, hotels, advanced entertainment facilities, restaurants, gas stations, warehouse businesses, etc., excluding industrial land and land allocated according to law) within the administrative area of this Municipality shall be sold through public bidding and auction.
State-owned land assets in the administrative area of this Municipality (including historical land, transfer of allocated land use rights, industrial land and land used for the transformation of old towns into commercial land) shall be sold by public bidding or auction.
the above transaction items shall be publicly listed in the municipal construction project and commercial land trading center (hereinafter referred to as the municipal trading center). Article 3 The administrative department of planning and land of the Municipal People's Government (hereinafter referred to as the municipal planning and land department) shall be responsible for organizing and implementing land bidding and auction activities in this Municipality according to law.
the municipal planning and land department shall set up a land bidding and auction group, and the members of the group shall be composed of the heads of the municipal planning and land department, the supervision department, the price department and other relevant functional departments to implement the land bidding and auction. Fourth land bidding and auction activities should be carried out in a planned way. The annual plan for land bidding and auction shall be formulated by the municipal planning and land department in conjunction with the municipal planning department according to the annual land use plan indicators issued by the city's economic and social development plan, industrial policy, urban planning and the provincial people's government, and implemented after being reported to the Municipal People's government for approval. Article 5 The specific projects of land bidding and auction shall be reasonably arranged within the approved annual land use plan indicators, and all of them shall be included in the municipal capital construction investment plan this year, and the municipal planning and land department shall, jointly with the municipal planning and construction departments, do a good job in the development of plots to be bid and auctioned.
The specific items and methods of land bidding and auction shall be determined by the Municipal Planning and Land Management Committee. Sixth land bidding and auction activities should follow the principles of legality, openness, fairness, impartiality and good faith, and accept the supervision of the society, the municipal supervision department and the land management department at a higher level. Chapter II General Provisions Article 7 All companies, enterprises, other organizations and individuals who meet the following conditions and have the ability to pay land price at home and abroad may participate in bidding (buying) activities unless otherwise provided by law:
(1) All bidders (buyers) must pay a bid or bid performance bond of not less than 5% of the total marked land price of the project to the municipal planning and land department when submitting a tender or applying for auction bidding;
(2) When bidding for (buying) a limited liability company, a joint stock limited company, a joint stock cooperative enterprise, an unincorporated Chinese-foreign contractual joint venture or an associated enterprise, a resolution of the board of directors or shareholders' meeting of the enterprise shall be submitted;
(3) in bidding for (buying) a branch of an enterprise or other economic organization, a power of attorney from its enterprise legal person or a superior economic organization with civil capacity shall be submitted. Article 8 The municipal department of planning and land can make specific provisions on the qualifications of bidders (buyers) in the contents of the announcement of tender or auction for the development and transfer of plots of land, the transformation and relocation of old cities or other special land-use projects. Article 9 The reserve price of land bidding and auction shall be based on the demarcated land price, which shall be formulated by the municipal planning and land department jointly with the municipal price department, and approved by the municipal planning and land management committee, and then implemented by the land bidding and auction team authorized by the municipal planning and land department.
the selling reserve price of the tender or auction mentioned in the preceding paragraph shall not be lower than 71% of the marked land price.
the reserve price of bidding and auction shall be kept confidential. The members of the bidding and auction team and the staff participating in the bidding and auction work are responsible for keeping the reserve price confidential. Tenth bidders (buyers) should fully understand the relevant information of the tender or auction of land, abide by the rules, participate in the bidding (buying) according to law, and must not resort to deceit or collude to keep prices down. Article 11 The bid (bidding) performance bond paid by the winning bidder or the bidder in advance will be automatically converted into the contract deposit, which can be used as the land price. The bidder (buyer) who fails to win the bid or fails to clinch a deal in the bidding shall be returned by the municipal planning and land department within three days after determining the winning bidder or bidder.
when transferring by tender, if bidders are required to submit detailed project planning and design plans and models at the same time, the municipal planning and land department can report to the municipal planning and land management Committee for approval for bidders who fail to win the bid, comprehensively evaluate the superior and inferior order of the planning and design plans of the bidders, and issue appropriate project design plan bonuses. Twelfth land bidding, auction, the winning bidder or bidder shall sign a contract for the transfer of land use rights with the municipal planning and land department within the prescribed time (hereinafter referred to as the transfer contract). If the winning bidder or the bidder fails to sign the transfer contract with the municipal planning and land department within the specified time, the bid (bid) deposit paid by it shall be totally confiscated by the municipal planning and land department in the form of deposit, and may claim compensation for all the expenses paid by the municipal planning and land department in the process of bidding and auction (including the design bonus paid to the bidder according to Article 11 of the present Provisions), and the plot shall be reorganized by the municipal planning and land department for bidding or auction.