The following is the original content of the Measures:
I. Scope of application
These Measures shall apply to the transfer, lease and mortgage of the right to use state-owned construction land within the scope of Guangxi Zhuang Autonomous Region. The transaction object of the secondary market for the transfer, lease and mortgage of the right to use construction land is the right to use state-owned construction land obtained by legal means such as allocation, transfer, lease, pricing (shareholding) and authorized operation, focusing on land transactions and land transactions with buildings and other attachments on the ground. Involving real estate transactions, it shall abide by the "People's Republic of China (PRC) City Real Estate Management Law", "Urban Real Estate Development and Management Regulations" and other laws and regulations. The transfer, lease and mortgage of the right to use rural collective construction land that enters the market according to law may be implemented with reference to these measures.
Two, standardize the transfer of construction land use rights
(a) clear the form of transfer of construction land use rights. All kinds of behaviors that lead to the transfer of the right to use construction land are regarded as the transfer of the right to use construction land, including the transfer of the right to use construction land in the form of sale, exchange, gift, capital contribution, judicial disposal, asset disposal, merger or division of legal persons or other organizations. When the right to use the construction land is transferred, the ownership of the above-ground buildings and other attachments will be transferred. Where the transfer of real estate is involved, the relevant procedures for real estate transfer shall be handled in accordance with the relevant laws and regulations on real estate transfer.
(two) clear the necessary conditions for the transfer of the right to use construction land with different functions. The transfer of the right to use the allocated construction land shall be approved by the people's government with the right of approval. If the land use conforms to the catalogue of allocated land, it can be handled according to the transfer registration without paying the land transfer price; If it does not conform to the catalogue of allocated land, the transferee shall pay the land transfer fee according to the law and regulations on the premise of conforming to the plan. The transfer of the right to the use of construction land obtained by means of transfer shall fully guarantee the freedom of transaction under the premise of complying with the provisions of laws and regulations and the transfer contract, and shall not artificially set examination conditions; If the original transfer contract has other provisions on the terms of transfer, such provisions shall prevail. The transfer of the right to the use of construction land obtained by means of fixed-price investment or shareholding shall refer to the relevant provisions on the transfer of the right to the use of construction land obtained by means of transfer, and need not be reported to the original authority that approved the fixed-price investment or shareholding of construction land for approval; After the transfer, it can be retained as a fixed-price investment or shareholding method, or it can be directly changed into a transfer method. If the right to use the construction land obtained by authorized operation is transferred among the enterprises directly under the group company, holding enterprises and shareholding enterprises, the land transfer fee will not be charged separately, but the nature of the right is indicated as "authorized operation" on the transferee's right certificate; When the use is changed or transferred to a unit or individual other than the group company, the land transfer fee shall be paid back with the approval of the municipal or county people's government, and the nature of the right shall be indicated as "transfer" on the transferee's right certificate.
(3) Improve the policy of land division, merger and transfer. The divided and merged plots should have independent conditions in planning and land use. Involving the construction and use of public facilities, both parties to the transfer shall specify the relevant rights and obligations in the contract. If the parcel to be divided has been pre-sold or there are multiple rights subjects, it shall obtain the written opinions agreed by the relevant right holders, and shall not harm the legitimate rights and interests of the right holders. If there are provisions or agreements in the land use approval document or the land transfer contract, it shall not be divided or transferred without the consent of the original approval department or the transferor. In principle, the land to be divided, merged and transferred shall go through the relevant procedures according to the procedures of first division, merger and retransfer, that is, the procedures of land use and planning of the land to be traded shall be straightened out first to meet the basic conditions of the transaction, and then the buyer and the seller shall transfer it according to law. The detailed rules for the implementation of land division, merger and transfer shall be formulated separately by the municipal and county people's governments according to laws and regulations.
(four) to improve the land transfer policy of the project did not reach more than 25% of the total investment. If the land use right is obtained by means of transfer, although more than 25% of the total development investment has not been completed, with the approval of the people's government of the city or county, both parties to the transfer may go through the advance notice registration formalities with the transaction contract and the transaction certificate issued by the land transaction service institution; According to the advance notice registration certificate and related materials, you can go through the relevant examination and approval procedures for planning, construction, environmental assessment and fire protection; When the development investment meets the statutory requirements, the real estate transfer registration shall be handled according to law. The proportion of project investment in the total project investment shall be subject to the project investment audit report issued by a qualified accounting firm. Both parties to the transfer can take mortgage, guarantee and other ways to prevent transaction risks. If the land is idle, this policy can only be applied after it is disposed of in accordance with the relevant provisions of idle land.
(5) Improve the policy of transferring the right to use construction land for judicial disposal. Where the right to use construction land is transferred due to judicial disposal, the competent department of natural resources of the people's government of the city or county shall establish a judicial relief mechanism, establish and improve the linkage mechanism of regular information push and execution, provide the people's court with the rights of the real estate involved and the rights and obligations stipulated in the original transfer contract in a timely manner, and assist the judicial organs in handling it according to law.
(six) improve the disposal policy of state-owned assets involving the transfer of the right to use construction land. Strengthen the connection of land-related assets disposal. Where the relevant government departments or institutions are involved in the transfer of allocated construction land use rights when disposing of state-owned assets, they shall solicit the opinions of the competent department of natural resources and truthfully inform the relevant parties of the parcel. If the transfer of the right to use state-owned construction land involves state-owned assets, it shall obtain the documents originally approved by the state-owned assets management department. Involving the transfer of state-owned land assets at the autonomous region level shall be handled in accordance with the relevant documents of the autonomous region.
(seven) the implementation of differentiated tax policies. The people's governments of cities and counties may, according to local conditions and needs, within the tax range determined by the people's government of the autonomous region, and in accordance with the principle of saving and intensive land use, put forward a policy plan for differentiating urban land use tax within their respective jurisdictions, which shall be implemented after being reported to the people's government of the autonomous region for approval.
Three, standardize the lease of construction land use rights
(8) Define the lease of the right to use construction land. Lease of the right to use construction land refers to the act that the owner of the right to use construction land, as the lessor, rents the right to use construction land or buildings, attachments and related ancillary facilities on the ground to the lessee, and the lessee pays the rent to the lessor.
(nine) standardize the lease management of the right to use construction land obtained in a paid way. Lease or sublease the right to use construction land obtained by means of transfer, lease, contribution at a fixed price or shareholding. , shall sign a lease contract (sublease contract) for the right to use construction land, and shall not violate the relevant provisions of laws and regulations and paid use contracts.
(ten) standardize the allocation of construction land use rights rental management. If the right to use the construction land obtained by allocation is leased, the land income included in the rent shall be turned over in accordance with the relevant provisions and incorporated into the management of land transfer income. If the parcel is leased for a long time, or part of it is used for lease and can be divided, and the lease time exceeds 5 years, it shall go through the formalities of transfer, lease and other paid use according to law. Establish an annual reporting system for rental income from the allocation of construction land use rights. If the lessor declares and pays the relevant income according to law, it will no longer go through the formalities for examination and approval of leasing the right to use the allocated construction land separately. The calculation method of land income and the annual declaration system of rental income shall be separately studied and formulated by the competent department of natural resources and finance of the autonomous region.
Four, standardize the mortgage of construction land use rights
(eleven) to define the mortgage of the right to use construction land. The mortgage of the right to use construction land refers to the behavior that the right holder (mortgagor) of construction land provides the creditor (mortgagee) with the guarantee of debt performance without transferring possession.
(twelve) to clarify the conditions for the mortgage of the right to use construction land with different functions. The right to use construction land obtained by allocation can be mortgaged in accordance with laws and regulations. When the allocated land is mortgaged, the mortgagee can only get priority compensation after paying the amount equivalent to the transfer of land use rights and related taxes and fees. The mortgage of the right to use construction land obtained by means of authorized operation shall be handled with reference to the allocation method. The right to the use of construction land obtained by means of transfer, fixed-price investment or shareholding may be mortgaged. After the lessee pays the land rent according to the regulations and completes the development and construction, the buildings and other attachments on the ground can be mortgaged together with the land according to the lease contract, and the mortgage value of the leased land should be valued according to the difference between the contract rent and the market rent and the lease term.
(thirteen) relax the restrictions on the mortgagee. Anyone who meets one of the following conditions can be regarded as the mortgagee:
1.？ Financial institutions that have obtained financial licenses with the approval of the China Banking Insurance Regulatory Commission, and microfinance companies, financing guarantee companies and pawn companies established with the approval of the financial authorities of the provincial people's governments.
2.？ A natural person must have People's Republic of China (PRC) nationality, be at least 18 years old, and be a citizen of People's Republic of China (PRC) with full capacity for civil conduct; Foreign citizens who work or live in People's Republic of China (PRC) and hold People's Republic of China (PRC) residence certificate and nationality certificate or passport of the host country; Hong Kong, Macao and Taiwan residents who work or live in People's Republic of China (PRC) and hold People's Republic of China (PRC) residence permit, Hong Kong and Macao residents' travel permit to and from the mainland, mainland travel permit for taiwan residents or other valid identity documents.
3.？ Enterprises refer to legal persons (including foreign-invested enterprises and wholly foreign-owned enterprises) and their branches, as well as private enterprises or other economic entities established in People's Republic of China (PRC) according to law.
If the right to use the construction land is mortgaged, the buildings and other attachments on the land will be mortgaged accordingly. Contracts involving creditor's rights and debts between enterprises and individuals shall comply with the provisions of relevant laws and regulations.
(fourteen) to expand the scope of collateral. Enterprises in non-public welfare social fields such as pension and education are allowed to mortgage and finance the construction land use rights, facilities and other property obtained in a paid way. The funds obtained from mortgage can only be used for the development and construction of this project or the corresponding business of improving software conditions, and no guarantee can be provided for third parties. After the mortgage is realized, the original business activities should be kept stable and the land use should not be changed, but the transitional policy of revitalizing the existing land can be applied to promote the transformation and upgrading of industries and business formats; It is forbidden to change the use of commercial housing and commercial development land.
Verb (abbreviation of verb) establishes and perfects the service system.
(15) Improve the trading mechanism. Establish and improve the unified online trading platform of the secondary land market in the whole region with the participation of cities and counties as a whole, improve the data and function connection with the primary land market information system and the real estate registration information system, and collect the supply and demand information and transaction information of the secondary land market. The municipal and county people's governments shall establish and improve the unified urban and rural construction land trading institutions, including the secondary land market, provide offline trading places, handle trading affairs, and vigorously promote online transactions. Relevant trading rules shall be formulated by the competent department of natural resources of the autonomous region.
(sixteen) standardize the transaction process. The competent department of natural resources of the people's government of the city or county shall establish a transaction process of "information release-reaching intention-signing contract-transaction supervision". Both parties to the transaction can publish and obtain market information through channels such as the land secondary market trading platform, negotiate transactions on their own, or entrust the land secondary market trading platform to publicly trade. Both parties to the transaction can determine the transfer contract through consultation, and the transfer contract must meet the requirements of relevant documents; You can also use the reference template of the transaction contract formulated by the competent department of natural resources and market supervision of the autonomous region.
(seventeen) optimize government services. In the transaction institutions or platforms of the secondary land market, the service windows of relevant departments or institutions, such as transaction, registration, taxation, finance, etc., are centralized, the requirements of "simplifying administration and decentralization, strengthening supervision and improving services" are implemented, "Internet+government services" are vigorously developed, "one window for acceptance, one network for handling and one-stop settlement" are actively promoted, a good trading environment is created, and the professional training of window staff is strengthened to improve work efficiency and services.
(eighteen) vigorously develop intermediary services. According to the business needs of the secondary land market, actively introduce intermediaries to participate in professional work such as asset evaluation, risk evaluation and mortgage financing in the secondary land market; Encourage intermediaries to open real-name registration system users in the land secondary market trading platform, release supply and demand information, and provide services such as promotion, display, consultation, valuation and brokerage for all parties to the transaction; Encourage qualified cities and counties to explore that the government is responsible for guidance and supervision, and intermediaries are responsible for building an information platform model integrating information release, market transactions, statistical analysis and market research and judgment, and making intermediary services bigger and stronger; Give full play to the bridge role of social intermediary organizations in market transactions.
Sixth, strengthen monitoring and supervision.
(nineteen) to strengthen supervision after the event. The municipal and county people's governments and their relevant departments shall strengthen the post-event supervision of transactions, focusing on the land planning conditions, investment in fixed assets, construction, development and utilization as stipulated in the paid land use contract. Those who violate the relevant laws and regulations or do not conform to the provisions of the paid use contract and the allocation decision shall not go through the relevant procedures such as real estate registration. Supervise both parties to the transaction to declare the transaction price according to law. If the declared price is lower than the benchmark land price or 20% of the comparable market price, the municipal or county people's governments may exercise the preemptive right. Resources, housing and urban and rural construction, taxation, market supervision and other departments at all levels should strengthen the joint supervision of land-related equity transfer.
(twenty) to strengthen the monitoring and supervision of market statistics. Statistical analysis of the secondary land market transaction quantity, area, structure, price, time series and other data, judge the market trend, form a comprehensive analysis report on a regular basis, and publish it to the public on the website in time. Improve the dynamic monitoring and supervision mechanism of the secondary land market. In accordance with the relevant requirements of real estate land regulation, strengthen the review of the sources of funds related to land transfer involving real estate development. Strengthen the linkage and overall regulation of the primary and secondary land markets, strengthen the convergence of the total amount, structure and time sequence of land investment, and maintain the stable operation of the market.
(twenty-one) to improve the land market credit system. Strengthen the credit supervision of all parties to the transaction, and improve the new supervision mechanism based on "double randomness and one openness", supplemented by key supervision and based on credit supervision. Study and formulate credit evaluation rules and restraint measures for the land market, implement joint punishment for the subjects responsible for dishonesty, and promote the co-construction, co-governance and sharing of the land market credit system. Implement a credit evaluation system for intermediary organizations' illegal, illegal or breach of contract, announce the evaluation results to the public, and provide social inquiries to guide social intermediary organizations to operate in good faith.
Seven. safeguard measure
(twenty-two) to strengthen organizational security. City and county people's governments at all levels and relevant departments should fully understand the significance of improving the secondary land market, improve their job responsibilities on the basis of existing land trading institutions and places, and formulate implementation measures and operating rules in light of the actual situation. Establish a working mechanism to promote the construction of the secondary land market, clarify the division of labor among natural resources, finance, housing and urban construction, state-owned assets supervision and management, taxation, market supervision, finance and other departments, implement responsibilities, and promote the construction of the secondary land market in an orderly manner.
(twenty-three) to strengthen publicity and guidance. Through television, internet, new media and other channels, comprehensively publicize the relevant policies of the secondary land market, create a good atmosphere of public opinion in the land market, enhance the awareness of market participants and the whole society to regulate and save intensive land according to law, and actively guide the right holders to enter the trading platform of the secondary land market for transactions. Strengthen business training and improve the level of policy application and practice. Summarize the typical cases of popularizing the secondary land market, and promote the healthy and stable development of the secondary land market by "point to area"
(twenty-four) strict accountability. Strengthen supervision and accountability, reduce the power "rent-seeking" space, strictly investigate the responsibility of the government and relevant departments, units and responsible personnel who violate the relevant provisions of the secondary land market, and resolutely crack down on all kinds of illegal acts.