State-owned land agreement to transfer the need for publicity tomorrow, "bidding, auction and listing of state-owned land use rights norms" and "agreement to transfer state-owned land use rights norms" two new norms will be implemented nationwide. The Norms make it clear that in the future, after both parties to the agreement have reached an agreement on the granting of state-owned land, the location, use, area, duration of the grant, conditions of land use, intended land users, and the price of the proposed grant will be publicized on the China Land Market Network.
Middle and low-priced commodity housing conditions will be written into the land transfer documents in the future, around the middle and low-priced, small and medium-sized sets of general commercial housing set structure ratio, housing sales price restrictions, sales targets and other planning conditions will be written into the state-owned land transfer documents, and agreed in the contract, only eligible applicants can participate in the land auction. Starting tomorrow, the two new norms, "Norms for Tendering, Auctioning and Listing of State-owned Land Use Rights" and "Norms for Agreeing to Grant State-owned Land Use Rights," will be implemented nationwide.
Transferee default will be held accountable according to the Ministry of Land and Resources, Land Use Management Division of the relevant person in charge of the "norms" requirements, the local land and resources departments can be identified in the low price, small and medium-sized general commercial housing unit structure of the proportion of the housing sales price restrictions, sales targets and other conditions written into the local land transfer documents, and to the community to release the transfer of public announcements, and only meet the conditions of the applicant Only qualified applicants can participate in the public land sale.
In addition, the public announcement of the set structure limit, floor area ratio, green area ratio, project start and completion time, sales target conditions, sales price limit, etc. should be agreed in the state-owned land use concession contract, and clear responsibility for breach of contract. In the fulfillment of the contract, local land and resources departments are required to strengthen the supervision and inspection of the transferee does not follow the agreement of the transfer contract for development, construction and sales, on the basis of the relevant departments punished in accordance with the law, the land and resources management departments will also be pursued for breach of contract, so as to ensure that the land supplied by the government in a timely manner into the supply of low-priced, small and medium-sized units of general commercial housing supply.
Participation in the auction can be applied in advance of the "norms" requirements, industrial land transfer will no longer be able to use the agreement of the way to let, but through the land auction way to let. Previously, the Ministry of Land and Resources has only clarified the scope of state-owned land bidding, auction and listing, including commercial, tourism, entertainment and commercial residential and other operational land.
In addition, the "norms" put forward conditional local land resource management departments can establish a land pre-application system. In other words, if there are units and individuals who have the intention to use a specific land parcel included in the bidding, auction, listing and transfer plan, they can submit a pre-application for land use to the relevant departments in advance and commit to the price of the land they are willing to pay. If the municipal or county land resource management department deems the promised land price and conditions acceptable, it shall organize and implement the bidding, auction and listing activities in accordance with the land transfer plan and the land market situation, and notify the unit or individual making the land pre-application to participate. Units and individuals making pre-applications for the land shall participate in the bidding or bidding for the land, and the price offered shall not be lower than the price of the land they have committed to.
The results of the transfer of public acceptance of supervision of the Ministry of Land and Resources Land Use Management Division responsible person said, for the previous agreement on the transfer of insufficient degree of openness, the "norms" clearly put forward the future of all the agreement on the transfer of state-owned land in the agreement between the two sides to reach an agreement on the intention of the transfer of land parcels of the location, use, area, the transfer of the years of life, the conditions for the use of the land, the intention of landowners, the price of land to be let, and other information in the China Land Market Website. If there are any objections during the period of publicity and after examination, there is indeed a violation of laws and regulations, the agreement will be terminated. In addition, the results of the agreement must also be disclosed to the public for supervision.
Related LinksState-owned land transfer there are three problems, the Ministry of Land and Resources, Land Use Management Division, the main person in charge of the work of the state-owned land transfer, despite the obvious progress, but in general, there are still some problems: First, the land transfer information disclosure is not sufficient, the development of the lack of investors in the market for the supply of land is not prepared for the expected; Second, some places in the auction, especially in the auction of the listing of the transfer of setting up conditions to restrict the bidders, the operation of the behavior of the bidders. Secondly, some places set conditions to restrict the bidders in the bidding and auctioning, especially in the listing and auctioning, and the operation behavior is not standardized; thirdly, the degree of openness of the agreement is not enough, especially the industrial land with competitive demand is still offered in the way of agreement, and has not yet been implemented in the way of bidding and auctioning for supply. According to Xinhua News Agency, the scope of bidding, auction and listing of state-owned land supply commercial, tourism, entertainment and commercial residential and other types of operational land, as well as industrial land with competition requirements; other land supply plan announced after the same land has two or more interested land users; allocated land use rights to change the use of land, the "decision on the allocation of state-owned land," or the laws, regulations, administrative regulations, etc., should be clearly recovered land use rights, the implementation of bidding, auction and listing of land use rights, the implementation of bidding, auction, listing of land use rights, the implementation of bidding, auction, listing of land use rights. The land use right is changed, and the land use right shall be withdrawn and put up for sale by bidding, auction and listing; the land use right is transferred, and the Decision on Allocation of State-owned Land or laws, regulations and administrative provisions clearly indicate that the land use right shall be withdrawn and put up for sale by bidding, auction and listing; the land use right is changed, and the land use right shall be withdrawn and put up for sale by bidding, auction and listing, as stipulated in the Contract for Granting the Right of Use of State-owned Land or as agreed by the law, regulations and administrative provisions. The bidding, auction and listing of the land use right.
The scope of the agreement to grant state-owned land for the supply of commercial, tourism, entertainment and commercial residential and other types of land for purposes other than business purposes, the land supply plan announced by the same land has only one interested land user; the original allocated, leased land use rights applying for the agreement to grant, approved in accordance with the law; the transfer of the allocated land use rights to apply for the agreement to grant, approved in accordance with the law; the transfer of land use rights to apply for the renewal of the term, approved in accordance with the law; the land use right holder to apply for the renewal of the term, approved in accordance with the law. use right owner applies for renewal of the term, which is approved after examination and approval.
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