(1) Land users are companies, enterprises, institutions, other organizations and individuals;
(two) there is a legitimate certificate of ownership of land use rights;
(3) Buildings and other attachments on the ground have legal property rights. Article 5 The assignment and lease of administrative allocated land use rights may be carried out in accordance with the provisions of Chapter II of the Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights, after signing a land use right assignment contract with the Municipal Bureau of Land Management and paying the leasing fee for land use rights, or in accordance with the relevant provisions of these Measures. Sixth land use rights transfer, lease, land users should abide by the relevant provisions of urban planning management, and go through various registration procedures according to law. Chapter II Transfer of Land Use Rights Article 7 The term "paid transfer of land use rights" as mentioned in this chapter refers to the act of land users voluntarily transferring the administrative allocated land use rights to others for use alone or together with buildings and other attachments on the ground.
Because of the adjustment of urban planning layout or the needs of national construction, these measures are not applicable to land users who obtain land use rights by administrative allocation. Article 8 Where a land user transfers the administrative allocated land use right with compensation, it shall obtain the consent of the Municipal Planning Bureau in advance, and the transferor and the transferee shall sign a transfer contract for the administrative allocated land use right, report it to the Municipal Bureau of Land Management for approval, and pay the transfer fee for the land use right according to the regulations.
Both parties to the transfer shall, with the land use right transfer contract approved by the Municipal Bureau of Land Management, go through the registration procedures for the transfer of land use rights and buildings and other attachments to the land management department and the real estate management department respectively. Article 9 Where the transferee recognizes the right to use construction land, it shall go through the examination and approval procedures in accordance with the relevant provisions of the Urban Planning Law of People's Republic of China (PRC) and the Land and Land Management Law of People's Republic of China (PRC). Article 10 Where the land use right is transferred due to the sale and exchange of above-ground buildings and other attachments, in addition to the examination and approval and transfer registration in accordance with the relevant provisions on the sale and exchange of above-ground buildings and other attachments, the transferor shall also go through the registration procedures for the change of land use right and pay the transfer fee for the land use right. Article 11 The leasing standard of land use right stipulated in Articles 8 and 10 of this chapter shall be formulated by Hangzhou Municipal Bureau of Land Management according to the land grading and the actual transfer income of the transferor, and shall be implemented after being reported to the Municipal People's Government for approval. Twelfth paid transfer of land use rights should be taxed according to law. Chapter III Lease of Land Use Rights Article 13 Lease of land use rights as mentioned in this chapter refers to the behavior that the land user, as the lessor, rents the land use rights allocated by the administration to the lessee for use alone or together with the above-ground buildings and other attachments, and the lessee pays rent to the lessor regularly. Fourteenth land users need to lease the administrative allocation of land use rights to others, should apply to the Municipal Bureau of Land Management, and obtain the land use right lease license after approval.
If the lessee needs to rent the administrative allocated land use right for construction, it shall obtain the consent of the Municipal Planning Bureau in advance.
The lessor shall sign a land use right lease contract with the lessee, and the land use right lease contract shall take effect after being approved by the Municipal Bureau of Land Management. Fifteenth land users who rent the land use right by administrative allocation shall pay 50% of the actual rent of the land use right. Article 16 Where the land use right allocated by the Administration Bureau is jointly rented out due to house rental, the lessor shall, in addition to handling the examination and approval registration matters according to the provisions on the management of rental houses, obtain the land use lease certificate from the Municipal Bureau of Land Management with the house lease certificate and the house lease contract issued by the municipal real estate management department, and pay the land use right rent according to the provisions of Article 17. Seventeenth non-residential housing and land use rights are jointly rented, the rent (including housing rent and land use right rent) is agreed by both parties according to the housing structure, the nature of use and the grade difference of the lot, and the land use right rent is paid according to the following standards:
If the actual rent is equal to or lower than the rent standard for non-residential houses set by the Municipal Price Bureau and the Housing Authority, the land use right rent shall be exempted;
If the actual rent exceeds the housing rent standard by less than two times, the land use right rent shall be paid at 40% of the excess;
If the actual rent is more than two times (including two times) but less than four times, the land use right rent shall be paid at 50% of the excess;
If the actual rent exceeds the housing rent standard by four times (including four times), the land use right rent shall be paid at 60% of the excess.