Provisions on renting houses by state-owned enterprises

Legal analysis: bidding, auction or mutual agreement can be adopted, and bidding and auction must be adopted if conditions permit. Both parties agree that the rent for leasing state-owned land shall not be lower than the lease reserve price and the minimum rent standard converted from the minimum land price stipulated by the state. The results of the lease agreement shall be reported to the superior land administrative department for the record, publicly disclosed to the public, and accepted by the superior land administrative department and social supervision.

Legal basis: Some opinions of the Ministry of Land and Resources on standardizing the lease of state-owned land.

1. Determine the applicable scope of state-owned land lease in strict accordance with the relevant provisions of the Urban Real Estate Management Law of People's Republic of China (PRC) and the Land Management Law of the People's Republic of China.

The lease of state-owned land refers to the behavior that the state leases state-owned land to users, and the users sign a land lease contract with the land administrative department of the people's government at or above the county level for a certain period of time and pay the rent. Lease of state-owned land is a form of paid use of state-owned land and a supplement to the way of transfer. At present, efforts should be made to improve the transfer of state-owned land and steadily implement the lease of state-owned land.

If the original construction land can be allocated for use according to law, it will still be allocated, and no paid use or lease will be implemented. After land transfer, site lease, enterprise restructuring and land use change, if land should be used with compensation according to law, lease can be implemented. For new construction land, the focus should still be on promoting and improving the transfer of state-owned land, and leasing is only a supplement to the transfer method. For commercial real estate development land, whether using the original construction land or using new construction land, it must be sold, not leased.

Two, the lease of state-owned land, can be used by bidding, auction or agreement between the two sides, conditional, must take the form of bidding and auction. Both parties agree that the rent for leasing state-owned land shall not be lower than the lease reserve price and the minimum rent standard converted from the minimum land price stipulated by the state. The results of the lease agreement shall be reported to the superior land administrative department for the record, publicly disclosed to the public, and accepted by the superior land administrative department and social supervision.