County (city) land management department is responsible for the management of state-owned land lease within its jurisdiction. Article 5 The lease management of state-owned land shall follow the principles of equality, mutual benefit and compensation. Article 6 Where the original construction land should be used for compensation according to law due to land transfer, site lease, enterprise restructuring, land use change, etc., land lease or transfer of state-owned land use right may be implemented. However, it is a commercial real estate development land, and the right to use state-owned land must be transferred and cannot be leased. Seventh lease of state-owned land, according to the following procedures for leasing:
(a) the land user holds the land use certificate or the relevant ownership certificate, the legal property right certificate of the above-ground buildings and other attachments and other related materials, and applies to the local land management department for the lease of state-owned land;
(two) the land management department to review the state-owned land lease application and property rights, and negotiate with the land users about the lease term and the time to pay the land rent;
(three) land management departments and land users signed a state-owned land lease contract, and in accordance with the relevant provisions of the city and county (city) people's government for approval;
(four) land users with government approval documents and state-owned land lease contracts and other relevant information, to the local land management department for state-owned land lease procedures, before the paid use of land. Eighth state-owned land lease can be divided into short-term lease and long-term lease according to the actual situation. Short-term use or the same as the construction of temporary buildings, the implementation of short-term lease, 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 shall be stipulated in the lease contract, but the longest lease term shall not exceed the maximum number of years for the transfer of land for similar purposes stipulated by law. Ninth land users should pay the annual or quarterly rent of state-owned land, and the rent standard shall be determined by the people's government of the city or county (city) in accordance with the relevant provisions of the state. When signing a land lease contract with the land management department, the land user shall pay the rent for the first year in advance. Article 10 During the lease period of state-owned land, the lessee may sublease, transfer or mortgage the leased state-owned land with the consent of the land management department or according to the lease contract after paying the land rent and completing the development and construction. The leased state-owned land is sublet, transferred or mortgaged. Relevant procedures must be handled according to law. Eleventh in the lease period of state-owned land due to social interests need to recover the land, the land management department shall, according to the situation of land development during the lease period, give the land users corresponding compensation. Land users shall not refuse to recover the land for any reason. Twelfth state-owned land lease expires, the lessee needs to continue the lease, it shall apply for renewal three months before the expiration, and go through the renewal procedures; Fails to apply for renewal procedures or fails to apply for renewal, land management departments should restore the original nature of land use. Thirteenth issues related to the specific implementation of these Provisions shall be interpreted by the municipal land management department. Article 14 These Provisions shall come into force as of the date of promulgation.