The "Measures" pointed out that the scope of transactions that should be conducted in the land trading market includes: the transfer and lease of state-owned construction land use rights and collective management construction land use rights; Division and transfer of the right to use state-owned construction land developed by the development zone; Other construction land use rights traded in the land trading market as stipulated by laws and regulations; The contract stipulates that the right to use construction land shall be traded in the land trading market.
District People's governments, municipal government commissions, offices and bureaus:
The measures for the administration of Shanghai land transaction market are hereby printed and distributed to you, please follow them carefully.
In February 2008, the Administrative Measures of Shanghai Land Exchange Market (Hu Fufa [2008] 14) issued by the municipal government was abolished at the same time.
Shanghai Municipal People's Government
April 28(th), 2020
Measures of Shanghai Municipality on the Administration of Land Transaction Market
Article 1 (Purpose and Basis)
In order to regulate the transaction behavior of the right to use construction land, optimize the allocation of land resources, realize the high-quality utilization of land, and promote the construction of a clean government, these measures are formulated in accordance with the Land Administration Law of the People's Republic of China and the Urban Real Estate Management Law of People's Republic of China (PRC), and combined with the actual situation of this Municipality.
Article 2 (Definitions and Principles)
The term "land transaction market" as mentioned in these Measures refers to a fixed place for collecting and publishing land transaction information, publicly implementing land transaction activities and handling land transaction affairs with the approval of the municipal government.
Land transactions in this Municipality shall follow the principles of openness, fairness and justice, and create a unified, open, orderly, honest and law-abiding land transaction market environment.
Article 3 (Management Department and Undertaking Agency)
City Planning and Natural Resources Bureau is responsible for the organization, implementation, supervision and management of land transactions.
District Planning and Natural Resources Bureau shall, in accordance with the provisions of these measures, implement relevant management work.
City land trading center is the organizer of the city's land trading market, in accordance with the provisions of these measures, the specific implementation of land transactions.
Article 4 (Responsibilities of the Municipal Land Exchange Center)
City land trading center shall perform the following duties:
(a) to provide a special place for land transaction activities, and to provide a service place for land transaction agents, information consulting and other intermediaries;
(2) Collecting and publishing the land transaction information of this Municipality;
(three) to accept the entrustment and organize the implementation of land transactions;
(four) to engage in other affairs related to land transactions.
Article 5 (Disclosure of Affairs)
City land trading center shall publish land trading rules, operating procedures, service contents, work norms and supervision methods in the land trading market and related websites, and accept social supervision.
Article 6 (Management of Bid Evaluation Experts)
City Planning and Natural Resources Bureau shall establish an expert database of land bidding and evaluation. Before the implementation of the bidding activities for the right to use construction land, the bid evaluation experts shall be randomly selected under the notarization of the notary office.
Article 7 (Transaction Scope of Land Exchange Market)
The following construction land use rights transactions shall be conducted in the land trading market:
(a) the transfer and lease of the right to use state-owned construction land and the right to use collective management construction land;
(two) the division and transfer of the right to use the state-owned construction land developed in the development zone;
(three) other construction land use rights transactions in the land transaction market as stipulated by laws and regulations;
(four) the contract stipulates that the right to use construction land is traded in the land trading market.
In addition to the transfer of other construction land use rights stipulated in the preceding paragraph, the construction land use right holder may entrust the municipal land trading center to conduct transactions in the land trading market.
Article 8 (Disclosure of Land Transaction Information)
City land trading center shall release the following information in the land trading market:
(a) the transfer and lease of the right to use state-owned construction land and the right to use collective construction land, the announcement of bidding, auction and listing, and the publicity of transaction results;
(two) the tender, auction, listing announcement and transaction results publicity of the split transfer of the right to use state-owned construction land developed by the Development Zone;
(three) other announcements and publicity of the transaction results of construction land use rights in the land trading market as stipulated by laws and regulations;
(four) in the land transaction market, the announcement of the construction land use right transaction contract and the announcement of the transaction results;
(five) the announcement of land supply and the announcement of the transaction results of the state-owned construction land use right and the collective management construction land use right that can be transferred or leased by agreement;
(six) the land transaction center entrusted by the construction land use right holder publishes the announcement and publicity of the transaction results in the land transaction market;
(seven) other land transaction information that needs to be released.
The information in Items (1) to (7) of the preceding paragraph shall also be announced to the public through China Land Market Network, Shanghai Planning and Natural Resources Bureau Network and Shanghai Land Market Network.
Article 9 (Trading Rules for Bidding, Auction, Listing, Assignment and Lease of the Right to Use State-owned Construction Land)
If the right to use state-owned construction land should be transferred or leased by means of bidding, auction and listing according to law, the municipal land trading center shall organize bidding, auction and listing transactions in accordance with the provisions of the state and this Municipality on the transfer and lease of the right to use state-owned construction land.
After bidding, auction and listing, the winning bidder and the bidder shall, in accordance with the requirements of the bid-winning notice or transaction confirmation, sign a contract with the land administration department for the assignment or lease of the right to use state-owned construction land, pay the leasing fee or rent for the right to use state-owned construction land, apply for real estate registration according to law, and obtain the right to use state-owned construction land.
Article 10 (Rules for Agreement on Assignment and Lease of State-owned Construction Land Use Rights)
After the announcement of the assignment and lease of the right to use state-owned construction land other than industrial, R&D headquarters land and commercial, financial, tourism, entertainment, service and commercial residential land is issued, if there is only one land applicant at the expiration of the prescribed land application period, the land management department shall sign a letter of intent for assignment and lease of the right to use state-owned construction land with the applicant in accordance with the agreement assignment rules, and publicize the letter of intent or the agreement assignment information in the land transaction market. After the expiration of the publicity period, if a contract for transferring or leasing the right to use state-owned construction land is signed, the transaction results shall be publicized on the land market online.
There are more than two applicants for land use, and the bidding, auction and listing activities shall be organized by the Municipal Land Exchange Center in accordance with the provisions of Article 9 of these Measures.
Article 11 (Rules on Bidding, Auction, Listing, Agreement Transfer and Lease of the Right to Use Collective Operating Construction Land)
The rules for the bidding, auction, listing, agreement transfer and lease of the right to use collective operating construction land shall be implemented with reference to similar state-owned construction land.
Article 12 (Transaction Rules for Partition and Transfer of the Right to Use State-owned Construction Land Developed in Pieces)
The division and transfer of the right to use state-owned construction land for the development of the following plots in the Development Zone shall be carried out through bidding, auction and listing:
(a) involving industry, R&D headquarters land, commercial land, tourism, entertainment and commercial housing;
(2) There are more than two intentional land uses in the same plot except for industrial, R&D headquarters and commercial land.
After bidding, auction and listing, the winning bidder or bidder shall, in accordance with the requirements of the bid-winning notice or transaction confirmation, sign a transfer contract and transfer supervision agreement with the original state-owned construction land use right holder, and apply for real estate registration according to law to obtain the right to use state-owned construction land.
Article 13 (Transaction Rules for Transfer of the Right to Use Other Construction Land)
In accordance with the provisions of Item (3) and Item (4) of Paragraph 1 of Article 7 of these Measures, if the transaction of the right to use construction land is conducted in the land trading market and the second paragraph of Article 7 of these Measures entrusts the municipal land trading center to transfer the right to use construction land, the holder of the right to use construction land may conduct it in an open manner through the municipal land trading center in accordance with the relevant provisions.
After the Municipal Land Exchange Center organizes public trading activities, the winning bidder or the bidder shall, in accordance with the requirements of the bid-winning notice or the transaction confirmation, sign a contract for the assignment of the right to use construction land with the original owner of the right to use construction land, apply for real estate registration according to law, and obtain the right to use construction land.
Article 14 (Complaints and Reports)
The Municipal Bureau of Planning and Natural Resources shall set up complaint reporting channels in the Shanghai land transaction market, announce the ways, time, place and methods of complaint reporting, and accept complaints and reports from citizens, legal persons and other organizations on illegal land transactions.
Land transactions that violate the law shall bear corresponding legal responsibilities according to law.
Article 15 (Integrity Management)
According to the requirements of establishing and perfecting the credit system, according to the dynamic credit status of market subjects, through the credit information file and exchange mechanism, the untrustworthy subjects are restricted or prohibited from directly or indirectly participating in the trading activities of construction land use rights in this city according to law, the supervision of market subjects is strengthened, the construction of the credit system of land trading market is promoted, and a fair and honest market environment is constructed.
Article 16 (Legal Liability)
City, District Planning and Natural Resources Bureau staff and city land trading center staff in the process of land transactions accepting bribes, engaging in malpractices for selfish ends, revealing secrets, dereliction of duty, abuse of power, given administrative sanctions by their units or by the relevant supervisory organs; If a crime is constituted, criminal responsibility shall be investigated according to law.
Intermediary service units and their staff in the process of land transactions, in violation of relevant laws and regulations and business management rules, confidentiality agreements and other provisions of the act, the municipal or district planning and natural resources bureau or the municipal land trading center shall be in accordance with the relevant service agreements, be dealt with; If losses are caused, recovery shall be made according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
The term "intermediary service units" as mentioned in these Measures refers to individuals, institutions or organizations that provide relevant professional services for the land transaction market, including banks, notary offices, bid evaluation experts, hosts, consulting institutions and related industry organizations.
Article 17 (Formulation of Business Rules)
The Municipal Bureau of Planning and Natural Resources shall formulate business rules for the entry of construction land use rights into the market according to these measures.
Article 18 (Implementation Date)
These Measures shall come into force on May 65, 2020 +0 and shall be valid until April 30, 2030.