The urban state-owned land mentioned in these Provisions refers to the land owned by the whole people within the scope of cities, counties, towns and industrial and mining areas. Article 2 These Provisions shall apply to the assignment, transfer, lease, mortgage and termination of the right to use urban state-owned land within the administrative area of this province. Article 3 Land users who have obtained the land use right in accordance with the Regulations and these Provisions may transfer, lease or mortgage the land within the service life, and protect their legitimate rights and interests according to law.
The activities of land users in developing, utilizing and managing land shall abide by the provisions of laws and regulations and shall not harm the public interests. Article 4 With the approval of the people's governments at or above the county level, except for the following lands, which can continue to be handled by allocation according to law, all other lands are granted land use rights by way of transfer or assignment:
(1) Land for office buildings and residential buildings of state organs and institutions;
(2) Military land;
(3) Land for urban infrastructure, public facilities and public welfare undertakings;
(four) other construction land as prescribed by the state. Article 5 The assignment and transfer of land use rights does not include underground resources, underground buried objects and municipal public facilities. Article 6 The people's governments at or above the county level are the property rights representatives of state-owned land within their respective administrative areas. The land administration department of the people's government at the same level is specifically responsible for the assignment and termination of land use rights; Supervise and inspect the assignment, transfer, lease, mortgage and termination of land use rights according to law.
The transfer, lease or mortgage of land use rights and buildings and other attachments on the ground shall be handled by the real estate transaction management department. Where the ownership changes, the parties concerned shall go to the land management department and the real estate management department of the people's government at or above the county level to handle the registration of ownership change and other related procedures.
When going through the formalities of ownership change and registration, the relevant departments should work together to complete the formalities within 10 days after receiving the application. Seventh land use rights and the transfer, transfer, mortgage and compensation prices of buildings and other attachments on the ground shall be evaluated by an evaluation agency with intermediary service qualifications. Chapter II Assignment of Land Use Right Article 8 Assignment of land use right refers to the act that the state, as the land owner, assigns the land use right to the land user within a certain period of time, and the land user pays the land use right transfer fee to the state. Article 9 The State implements the system of paid and time-limited assignment of the right to use state-owned land according to law.
The following land use rights can be transferred:
(1) Urban state-owned land;
(2) Collectively owned land requisitioned according to law;
(three) the people's governments at or above the county level shall recover the state-owned land with the right to use. Article 10 The assignment of land use rights must conform to the overall land use planning, urban planning and annual construction land plan.
The transfer of land use rights shall be managed by the people's governments at or above the county level in a unified way and carried out in a planned way.
The land administration department of the people's government at or above the county level shall, jointly with relevant departments, prepare a land transfer plan and submit it for approval in accordance with relevant regulations. Eleventh land use right transfer plan, by the land management department of the people's government at or above the county level in conjunction with the urban planning, construction, real estate management, price, finance and other departments * * *, after approval, the land management department is responsible for the implementation.
After the transfer plan is approved, no unit or individual may change it without authorization. If it is really necessary to change it, it must be agreed by both parties and reported to the original approval authority for approval. Twelfth before the transfer of land use rights, the land management department of the people's government at or above the county level shall, jointly with relevant departments, provide the following information to the applicant:
(a) the location, area, boundaries, maps, underground conditions and infrastructure of the land;
(two) land use, building density, floor area ratio and clearance restrictions;
(three) environmental protection, greening, transportation, earthquake and other requirements;
(4) Term and method of transfer;
(five) other information related to the transfer of land use rights. Thirteenth land use rights transfer approval authority in accordance with the provisions of the state and the province on the national construction requisition and allocation of land approval authority. Article 14 The land administration department of the people's government at or above the county level (hereinafter referred to as the transferor) and the land user shall sign a contract for the assignment of the land use right in accordance with the principles of equality, voluntariness and compensation and the contract standards stipulated by the state. Fifteenth the maximum period of assignment of land use rights is determined according to the following purposes:
(a) residential land for 70 years;
(two) industrial, educational, scientific and technological, cultural, health and sports land for 50 years;
(3) 40 years of commercial, tourism and entertainment land;
(four) comprehensive land or other land for 50 years. Sixteenth benchmark land prices by the people's governments at or above the county level shall organize relevant departments to formulate and publish regularly. Seventeenth land use rights can be transferred through agreement, bidding and auction. The transfer of the right to use commercial land, tourist land, commercial housing and other business land shall be carried out by means of bidding and auction; If the transfer of other land use rights cannot be carried out by bidding or auction, it can be carried out by agreement, but the transfer fee of land use rights shall not be lower than the benchmark land price published locally.