(1) land use right transfer (hereinafter referred to as transfer) refers to the Xiamen Municipal People's Government (hereinafter referred to as the Municipal Government) will be designated use, age and other conditions of the land provided to the use or operation of legal persons or natural persons, the user of the land to the Municipal Government to deliver the land premium (i.e., the land price).
(2) The transfer of land use right (hereinafter referred to as transfer) refers to the act of transferring the land use right legally acquired by a legal or natural person.
(3) Mortgage of Land Use Right (hereinafter referred to as mortgage) refers to the legal act in which a legal person or a natural person takes its legally acquired land use right as a security for the settlement of a debt.
(4) land use right transferee (hereinafter referred to as the transferee) refers to the legal person and natural person who enjoys the land use right as a result of the granting and transferring of the state-owned land use right (including inheritance, gift, sale and exchange). Article 4 During the period of paid transfer of land use right, the ownership still belongs to the People's Republic of China*** and the State, and all kinds of natural resources under the ground, as well as buried objects, etc., are not included in the scope of paid transfer of land use right. Article 5 The lawful rights and interests of the transferee of the land use right shall be protected by law, and the transferee shall have the obligation to protect, manage and rationally utilize the land. Article 6 the land use right of the land transfer fee by the municipal land bureau is responsible for collecting, and extract 8% as the paid land transfer of labor and land management costs, 92% to the municipal finance as a land development fund and urban infrastructure construction fund, earmarked for special purposes. Article 7 Where the land use right acquired by way of grant and transfer through this method, no longer in accordance with the "Xiamen Special Economic Zone Land Use Fee Collection Measures" standards to pay site use fees. Article 8 The Xiamen Municipal Land Administration Bureau (hereinafter referred to as the Municipal Land Bureau) on behalf of the municipal government in charge of the city's state-owned land use rights for compensation for the grant, transfer and registration and registration of land use rights mortgage and other matters. Article 9 For the needs of national construction, the land that has been granted and transferred may be expropriated in accordance with the law, and the original land users shall be given reasonable compensation according to the current price at the time of expropriation (land use rights acquired by foreign exchange payment shall, in principle, be compensated in accordance with foreign exchange). Chapter II of the land use right of compensated transfer Article Xiamen state-owned land use right of compensated transfer by the municipal government to take the following ways:
(a) agreement, (b) bidding, (c) public bidding. Article XI agreement, bidding, public bidding to obtain the land use rights of the transferee must sign a land use contract with the Municipal Land Bureau, and Xiamen City notary public notarization. Article 12 The Municipal Land Bureau and the Planning Bureau shall provide the prospective transferee with the following information and regulations.
(1) The seat of the land, its four boundaries, its area, the ground status of the parcel and the topographic map.
(ii) The planned use of the land, building plot ratio, density and clear space restrictions. (c) The year of completion of the construction project.
(iii) Requirements for environmental protection, landscaping, health and epidemic prevention, transportation, earthquake resistance and fire fighting.
(iv) Status of municipal utilities and construction plans or construction requirements.
(v) The duration and form of the transfer.
(vi) Qualifications to be possessed by the transferee and the amount of guarantee to be paid at the time of bidding.
(vii) Provisions relating to the sale and management of buildings.
(viii) Others Article 13 The agreement to grant land use right means that the prospective grantee who meets the specified conditions shall apply in writing to the Municipal Land Bureau and the Municipal Land Bureau shall grant the land use right through negotiation in accordance with the relevant provisions and standards. Article 14 Procedures of negotiated concession:
(1) The prospective assignee of land shall submit a written application for land use to the Municipal Land Bureau, the contents of which include the nature of the applicant, the reasons for the application, and the relevant matters such as the seat of the land, the area, the use, the service life, the scale of construction, and the source of funds.
(2) Municipal Land Bureau received the land application report, within fifteen days of the preliminary review, the applicant in line with the provisions of the land planning purposes, provide information on the use of the applicant does not meet the requirements of the applicant to explain the situation and return the application.
(3) The prospective transferee, after receiving the relevant information from the Municipal Land Bureau, shall submit to the Municipal Land Bureau, within the specified period of time, the relevant documents such as the land development and construction plan and the method of payment of the land grant.
(4) The Municipal Land Bureau shall give a reply within fifteen days after receiving the documents stipulated in item (3) of this Article.
(v) After reaching an agreement through negotiation, the Municipal Land Bureau and the transferee shall sign a contract for the transfer of land and the transferee shall pay a deposit.
(6) The transferee pays the deposit according to the contract, registers the land use right with the Municipal Land Bureau, and receives the land use certificate. Article 15 The bidding for land use right refers to the designated period, by the designated conditions of the legal person or natural person in accordance with the conditions and instructions put forward by the bidder in the form of sealed writing, to participate in the bidding for the right to use the designated land, by the bidding team after the opening of bids, bid evaluation, selection of the best, to determine the successful bidder, the bidding content and methods are separately stipulated.