Are industrial land all state-owned land?

Legal analysis: industrial land is state-owned land. There is no overlapping definition between industrial land and state-owned land. Industrial land belongs to the nature of land use, and state-owned land refers to land whose ownership is determined as the state. From the perspective of ownership, industrial land is also a part of state-owned land. When the land use right of industrial land expires, the land user may apply for renewal. If the land needs to be recovered according to the public interest, it shall be approved. If the renewal is approved, the land use right transfer contract shall be re-signed and the land use right transfer fee shall be paid according to the regulations.

Legal basis: Article 45 of the Provisional Regulations of the People's Republic of China on Assignment and Transfer of the Use Right of State-owned Land in Cities and Towns meets the following conditions, and the land use right and the ownership of buildings and other attachments on the ground can be transferred, leased or mortgaged with the approval of the land management departments and real estate management departments of the people's governments of cities and counties: (1) The land users are companies, enterprises, other economic organizations and individuals; (2) Having a state-owned land use certificate; (three) there are legal property rights certificates of buildings and other attachments on the ground; (four) in accordance with the provisions of the land use right transfer contract, pay the land use right transfer fee to the local city and county people's government or pay the land use right transfer fee with the proceeds from the transfer, lease and mortgage. The transfer, lease and mortgage of the land use right allocated in the preceding paragraph shall be handled in accordance with the provisions respectively.

Validation of laws and regulations: June 2024 17