According to China's land use system, the right to use state-owned land can be separated from land ownership, and the right to use state-owned land can be transferred into the market according to law. According to the use, it can be divided into state-owned agricultural land use right and construction land use right, and the state-owned unused land is generally uncertain. Among them, according to the relevant provisions of the Land Management Law and the Rural Land Contract Law, state-owned agricultural land can be contracted to units or individuals to engage in planting, forestry, animal husbandry and fishery production according to law. For state-owned construction land, the state may allocate, transfer, lease, invest at a fixed price or become a shareholder. Provide it to units or individuals for use according to law. Accordingly, the right to use state-owned construction land obtained by units or individuals can be divided into state-owned allocated construction land use right, state-owned construction land use right transfer, state-owned construction land use right lease and paid use of state-owned construction land use right. (1) Allocation of the right to use state-owned land Allocation of the right to use state-owned land refers to the act of handing over the land to the land users or giving the land to the users free of charge with the approval of the people's government at or above the county level. The allocation of the right to use state-owned land must be reported to the people's governments at or above the county level for approval according to law, and the land administrative departments of the people's governments at the city and county level shall issue a decision on the allocation of state-owned land and an approval letter for construction land to the land-using units or individuals. The state has strict restrictions on the scope of allocated land. Article 54 of the Land Management Law of the People's Republic of China clearly stipulates: "The use of state-owned land by the construction unit shall be obtained by means of transfer or other paid use; However, with the approval of the people's governments at or above the county level, the following construction land can be obtained by allocation: (1) land for state organs and military land; (two) urban infrastructure and public welfare land; (3) Land for energy, transportation, water conservancy and other infrastructure supported by the state; (four) other land as prescribed by laws and administrative regulations ". Article 23 of the People's Republic of China (PRC) Urban Real Estate Management Law stipulates: "The land use right of the following construction land is really necessary and can be allocated with the approval of the people's government at or above the county level: (1) land used by state organs and military land; (two) urban infrastructure and public welfare land; (3) Land for energy, transportation, water conservancy and other infrastructure supported by the state; (four) other land as prescribed by laws and administrative regulations ". According to the provisions of the above laws, the Ministry of Land and Resources promulgated the Catalogue of Allocated Land (Order No.9 of the Ministry of Land and Resources), which specifically refined the scope of the above four types of allocable land. Therefore, only the construction land that conforms to the Catalogue of Allocated Land can be provided by allocation with the approval of the people's government at or above the county level. The land use right obtained by land users through administrative allocation belongs to the allocated land use right. Except that the right to use state-owned land obtained by land users after paying compensation, resettlement and other fees but not paying paid use fees is allocated land use rights, other units and individuals who have obtained the right to use state-owned land in various ways according to laws and relevant policies due to historical reasons, but have not paid paid paid use fees to the state, shall also be regarded as allocated land use rights. Unless otherwise provided by laws and administrative regulations, the term of use of allocated land use rights is not limited. The allocated land use right holder must use the land strictly in accordance with the allocated land area, land use and land use conditions stipulated in the Decision on the Allocation of State-owned Land and the Approval Letter for Construction Land, and shall not change it without authorization. If it is really necessary to change the use of construction land, it shall be approved by the land administrative department and reported to the person who originally approved the land. Without approval, the allocated land use right shall not be transferred, and the open space shall not be leased or mortgaged without approval. After the approval of the person with the right of approval, the allocated land use right can be transferred, but the transferee shall go through the formalities for transferring the land use right and pay the transfer fee; According to the regulations of the State Council, if the person who has the right of approval decides not to go through the formalities of land use right transfer, the transferor shall turn over the land proceeds obtained from the transfer of real estate to the state or make other treatments according to the regulations of the State Council. The person who has the right to approve decides not to handle the transfer, which mainly includes continuing to allocate funds, investing at a fixed price and becoming a shareholder. For the listed transfer of housing reform and affordable housing, the state allows the transfer through laws and regulations, so there is no need to go through the examination and approval procedures separately when transferring, as long as the land transfer fee is paid as required. The houses on the allocated land can be rented, but the land proceeds need to be turned over to the state. The house can be mortgaged together with the allocated land use right within the occupied area. However, when the mortgage is realized, after the real estate is auctioned according to law, the mortgagee should first pay the price equivalent to the payable land use right transfer fee from the auction price, and then the mortgagee can get limited compensation. It should be noted that the allocation of land use rights certainly belongs to the legal property rights of land use rights holders. Compared with the transfer of land use rights, this is an incomplete right. According to the average acquisition and development cost of allocated land, the price of allocated land use right can be evaluated and included in assets as the rights and interests of original land users. When the allocated land is mortgaged by the land user according to law, the price of the allocated land use right can be used as the rights and interests of the user and included in the mortgage target; When the mortgage is realized, the land use right can be transferred, and the mortgagee can be given priority in compensation after withholding the transfer fee of the land use right. The allocated land can be transferred after approval, and the price of the allocated land use right is part of the legitimate income of the transferor. If the transfer purpose does not meet the scope of the legally allocated land, the transferee shall apply for paid use of the land. If the allocated land needs to be converted into paid use, the leasing fee, the rent or the increase of state capital and state share capital shall be calculated according to the difference between the land use right price and the allocated land use right price. (II) Transfer of State-owned Land Use Right and Transfer of Land Use Right Transfer of State-owned land use right refers to the act that the state transfers the state-owned land use right to land users within a certain period of time, and the land users pay the land use right transfer fee to the state. According to the Land Management Law, Urban Real Estate Management Law and other relevant laws and regulations, the transfer of state-owned land use rights must conform to the overall land use planning, urban planning and annual construction land plan. The transfer of land use rights must be carried out in a planned and step-by-step manner by the city or county where the land is located. City and county people's land administrative departments shall, according to the social and economic development planning, industrial policy, overall land use planning, annual land use plan, urban planning and land market conditions, prepare a plan for transferring the right to use state-owned land, report it to the people's government at the same level for approval, announce it to the public in a timely manner, and organize its implementation. City and county people's land administrative departments shall, in accordance with the transfer plan, jointly with the city planning department, formulate plans for the use, life, planning conditions and other land use conditions of the land to be transferred, and report them to the city and county people's land administrative departments for specific organization and implementation after approval by the city and county people's governments. According to the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights, the maximum term of assignment of land use rights is determined according to the following purposes: 70 years for residential land; Industrial land for 50 years; Education, science and technology, culture, health and sports land for 50 years; Commercial, tourism and entertainment land for 40 years; Comprehensive or other land use for 50 years. The transfer of the right to use state-owned land can be by means of bidding, auction, listing or mutual agreement, and the transfer of the right to use commercial land such as commerce, tourism, entertainment and commercial housing must be by means of bidding, auction and listing. City and county people's land administrative departments shall sign a written transfer contract with the land users after determining the land users by auction, bidding, listing or agreement. The transfer result shall be made public. Transferring land use right is the state-owned land use right obtained by land users through transfer. Land users should pay all the land use right transfer fees on time in accordance with the contract signed with the land administrative department of the people's government of the city or county, and apply for land use right registration with the land administrative department of the people's government at or above the county level according to law, obtain a state-owned land use certificate, and obtain the transfer of state-owned land use right according to law. Land users shall develop, utilize and manage land in accordance with the land use and conditions agreed in the lease contract. If it is really necessary to change the land use agreed in the lease contract, it is necessary to obtain the consent of the transferor and the municipal or county people's urban planning administrative department, sign an agreement on the change of the land use right lease contract or re-sign the land use right lease contract, and adjust the land use right transfer fee accordingly. The land use right obtained by land users according to law shall not be recovered by the state before the expiration of the service life stipulated in the transfer contract; Under special circumstances, according to the needs of social public interests, it can be recovered in advance in accordance with legal procedures, and corresponding compensation can be given according to the actual service life of the land and the actual situation of land development. Land users who need to continue to use the land after the expiration of the service life stipulated in the land use right transfer contract shall apply for renewal at the latest one year before the expiration, and shall be approved unless the land needs to be recovered according to public interests. 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. The land use right transfer contract expires, and the land user fails to apply for renewal, or the application for renewal in accordance with the provisions of the preceding paragraph is not approved, the land use right shall be recovered by the state free of charge. During the period of land transfer, the land user has the right to transfer, lease or mortgage the land use right obtained according to law, but the first transfer shall meet the following conditions: the land use right transfer fee has been paid in full according to the transfer contract, and the land use right certificate has been obtained; Investment and development in accordance with the transfer contract belongs to housing construction projects, and more than 25% of the total investment in development has been completed, which belongs to plots of land, forming industrial land or other construction land conditions. If the house has been built when the land use right is transferred, it should also hold the house ownership certificate. When transferring the land use right, a written transfer contract shall be signed, and the rights and obligations stipulated in the original land use right transfer contract shall be transferred accordingly. After the transfer, the service life of the land use right is the remaining service life after the service life agreed in the original land use right transfer contract minus the service life of the original land user. (III) Lease of State-owned Land and Lease of Land Use Right State-owned land lease refers to the act that the state leases state-owned land to users, who 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, which is a supplement to the way of transfer and is not applicable to commercial real estate land. The lease of state-owned land can be carried out through bidding, auction, listing or mutual agreement, and the lease of operating land use rights must be carried out through bidding, auction and listing. 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. The state-owned land lease contract shall be signed by the land administrative department of the people's government of the city or county and the land user. The contents of the lease contract shall include the location, scope, area, purpose, lease term, land use conditions, land rent standard, time and method of payment, time and range of adjustment of land rent standard, rights and obligations of lessor and lessee, etc. The lease of state-owned land can be divided into short-term lease and long-term lease according to the specific situation. Short-term use or for the construction of temporary buildings, short-term lease should be implemented, and the short-term lease period is generally not more than 5 years; Land that needs long-term use after the completion of buildings and structures on the ground shall be leased for a long time. The specific lease term is stipulated in the lease contract, but the longest lease term shall not exceed the longest term for the transfer of land for similar purposes as stipulated by law. The rent standard of state-owned land lease should be balanced with the land price standard. If the lessee fails to pay other land fees when obtaining the land use right, the rent standard shall be converted at full land price; If the lessee pays the land expenses such as land acquisition and demolition when obtaining the land use right, the rent standard shall be converted according to the balance of the land price after deducting the relevant expenses. The rent standards of specific parcels can be determined by means of agreement, bidding, auction or listing after evaluating the land market situation, and the benchmark rent standards for different uses in various regions can also be formulated according to the urban benchmark land price. If short-term lease is adopted, the rent is generally paid annually or quarterly; If a long-term lease is adopted, the time of land rent payment, the time interval of rent adjustment and the adjustment method shall be clearly stipulated in the state-owned land lease contract. The right to use state-owned land obtained by land users through state-owned land leasing is the right to use leased land. After the lessee pays the land rent in accordance with the regulations, obtains the state-owned land use certificate according to law, and completes the development and construction as agreed, the lessee may sublet, transfer or mortgage the right to use the leased land with the consent of the land administrative department or in accordance with the lease contract. The sublease, transfer or mortgage of the right to use the leased land must be registered according to law. If the lessee sublets the leased land to a third party, the lease contract between the lessee and the state will remain valid, and the right to use the leased land will still be held by the original lessee. The lessee has established an additional lease relationship with the third party, and the third party has obtained other rights of the land. If the lessee transfers the land lease contract, the rights and obligations stipulated in the lease contract are transferred to a third party, and the lessee's right to use the land is obtained by the third party. After the name change, the lease contract will remain valid. If buildings and structures such as houses on the ground are mortgaged according to law, the right to use the leased land can be mortgaged accordingly, but the right to use the leased land can only be valued according to the difference between the contract rent and the market rent and the lease term, and the land lease contract is transferred at the same time when the mortgage right is realized. During the term of use, the lessee has the priority to the transferee, and the lease relationship will be terminated after the transfer formalities. The state shall not take back the right to use the leased land legally obtained by the land user before the expiration of the service life stipulated in the lease contract; If it is recovered in advance in accordance with legal procedures due to the needs of social public interests, the lessee shall be given reasonable compensation. When the right to use the leased land expires, the lessee may apply for renewal, except for the need to recover the land according to public interests, which shall be approved. Failing to apply for renewal or applying for renewal but not approved, the right to use the leased land shall be recovered free of charge by the state according to law, and the lessee may be required to dismantle the buildings and structures on the ground and restore the land to its original state. If the lessee fails to develop, build, transfer, sublet or pay the land rent on time according to the contract without the consent of the land administrative department, the land administrative department may terminate the contract and recover the leased land use right according to law. Leased land use right is a kind of land use right, and the right holder has the right to use, the right to income and part of the right to dispose of it, and of course there should be a corresponding price (especially for the long-term lease system). For example, the lessor must compensate the lessee before the lease expires; When the lessee transfers the lessee's right to use, he can often get a certain usage fee. Judging the value of the right to use leased land can be analyzed from the relationship between the actual rent paid and the market rent. For the lease of state-owned land, if the actual rent paid by the lessee is lower than the market rent (in most cases, especially when the lessee pays land acquisition, demolition and other land expenses when obtaining the land use right), the user will get a certain net rental income; Even if the actual rent paid at that time was consistent with the market rent level, because the rent will be adjusted every 3-5 years, when the market rent rises and the actual rent is not adjusted or the rent adjustment cannot keep up with the market rent increase, there will be differences between the two; In addition, the lessee has other priorities, such as the priority to obtain the transfer right during the lease period and the priority to renew the lease at the expiration of the lease period. Therefore, the lessee's land use right is valuable. Generally, market comparison method or income reduction method can be used to evaluate and determine the price of the right to use leased land. At this time, the income reduction method, also known as the differential rent reduction method, is to reduce the difference between the market rent and the actually paid rent at a certain reduction interest rate to get the corresponding price, that is, the present value of the rent difference in the next few years. (4) State-owned land use right pricing investment (shares) and pricing investment (shares) Land use right pricing investment (shares) refers to the state pricing the state-owned land use right for a certain period of time, and the corresponding land use right is converted into state capital or equity capital contributed by the state to enterprises. State-owned land use right pricing investment (shares) is calculated by the land administrative department of the people's government of the city or county according to the land use right price and the transfer fee standard, and the State-owned land use right pricing investment (shares) decision is issued to the enterprise, specifying the land use, service life, capital contribution or shares and the rights and obligations of both parties. In view of the fact that the corresponding land use right will be converted into capital or equity capital in the form of value after capital contribution (shareholding), the state participates in enterprise management as a contributor or shareholder. Therefore, the application scope of this special land allocation method should be limited: only state-owned enterprises with the qualification of state-authorized investment institutions can be allocated in this way if they are transformed into production-oriented state-owned allocated land involving their use or the use of their wholly-owned subsidiaries. According to the requirement of separating government from enterprise, the state-owned shares (shares) formed by the land use right should generally be held by qualified state-owned equity holders entrusted by the land administrative department of the people's government with the power of examination and approval according to the state-owned assets investment subject. The land use right of fixed-price investment (shareholding) is the state-owned land use right obtained by land users through state fixed-price investment (shareholding). The nature of paid land use right is the same as the right to transfer land use right, and it can be transferred, invested, leased or mortgaged according to law within the service life.
I would like to ask: What is the difference between the nature of land ownership in the real estate license "state-owned" and "state-owned construction land use right"? The right to use state-owned land includes the right to use state-owned construction land. The right to use state-owned construction land, especially the right to use construction land, can only be developed with the approval of the Planning Bureau, which generally involves land construction and development in cities and towns. State-owned land use right includes agricultural land use right.
The owner of the right to use the construction land shall enjoy the right to the state-owned land according to law, and the land user shall enjoy the following rights.
The right to possess, use and obtain income according to law.
Have the right to transfer and lease land use rights according to law.
Enjoy the right to be protected by law according to law. When the legitimate rights and interests are infringed, the obligee has the right to request legal protection and ask the other party to stop the infringement, eliminate the danger, remove obstacles, return the land, restore the original state and compensate for the losses.
Have the right to report and accuse violations of land management laws and regulations.
The ownership of real estate license is the right to use state-owned construction land. Is this a property right house or a property right house?
The right to use state-owned construction land refers to the nature of land.
The nature of land ownership in China and how to obtain the right to use state-owned construction land are state-owned, and the ways to obtain the right to use are bidding, auction, agreement and allocation. But basically the agreement has basically stopped.
The use of allocated land is limited, mainly for public welfare, related units and low-rent housing.
Whether cultivated land on state-owned land can be converted into construction land is ok.
However, administrative approval is required.
Pre-examination of land use-requisition and approval of new construction land-acquisition of land use right.
Trouble to death, so there is a newspaper reporter who takes this as his profession, running around between the owners and the major administrative organs, for the approval of one by one, paid. ...
I am one of them.
Tears streamed down her face.
The difference between the right to use construction land and the superficies lies in that for the right to use land, everyone has the right to use it, and the property right belongs to the state. Superficial right refers to the ownership of the attached objects on the ground (hereinafter referred to as overground objects), and the property right belongs to the owner. There are two parts in compensation for demolition: one is compensation for land use right, which is generally paid according to the number of people; The second is the compensation for the above-ground objects, which is compensated according to the actual construction area and grade.
The nature of land ownership in China and how to obtain the right to use state-owned construction land. Urgent! Thank you 1. There are two kinds of land ownership in China:
A state ownership: including urban land, minerals, forests, rivers and oceans, and other land that should be owned by the state.
B. Rural collective ownership: all kinds of land in rural areas (except the part owned by the state)
All the above-mentioned ownership features are public ownership, and the state can transform collective ownership into state ownership through expropriation and administrative allocation.
2. Ways and means to obtain the right to use state-owned construction land include: administrative allocation, auction transfer, lease, etc. Among them, auction transfer is the main way.
Can bidders for the right to use state-owned construction land transfer the land? Yes, but it will not be renamed until the certificate is issued. You don't have to buy and sell in public, you can trade directly in private or through an intermediary company.
Go through the examination and approval procedures for changing land use according to law, and re-sign the contract for transferring the right to use state-owned construction land. Whether the original contract should be revoked according to the provisions of laws and regulations: if the land transfer contract is re-signed, the original land transfer contract will of course be revoked and abolished; In the case of a signed change contract, the original transfer contract is still valid if it is not recovered.