The "Measures" stipulate that the system of advance notice registration and transfer should be explored. For industrial land with a total investment of 25% that has not been developed, according to the principle of "investment first and then transfer", both parties are allowed to go through the advance notice registration according to law after signing the contract for transferring the right to use industrial land, and then go through the real estate transfer registration formalities when the development investment meets the transfer conditions.
Policy interpretation
I. Drafting background
The Implementation Plan of Shenzhen Socialism with Chinese characteristics Comprehensive Supporting Reform Experimental Demonstration Zone (2020-2025) (hereinafter referred to as the Comprehensive Supporting Reform Experimental Implementation Plan) puts forward that "the pre-notice registration and transfer system of the secondary land market will be implemented on a pilot basis", while the List of the First Batch of Authorized Matters in Shenzhen Socialism with Chinese characteristics Comprehensive Supporting Reform Experimental Demonstration Zone (hereinafter referred to as the List of the First Batch of Authorized Matters) clearly states that the main content of this reform item is "full" Authorized by the National People's Congress Standing Committee (NPCSC), we will centrally dispose of idle industrial land with 25% of the total development investment. We can optimize the market-oriented allocation of land elements by providing transaction verification and pre-registration, and ensure the security of transactions. Without approval, the industrial use shall not be changed. "
In order to implement the work requirements of the Comprehensive Reform Pilot Implementation Plan and the first batch of authorized items list, revitalize the stock of inefficient industrial land, optimize the market-oriented allocation of land elements, and standardize the transfer of industrial land use rights, the Interim Measures for the Transfer of Industrial Land Use Rights in Shenzhen City were formulated.
Second, the main content
(A) on the scope of application
In order to steadily and orderly promote the transfer of industrial land use rights, combined with the existing industrial and other industrial land supply policies and mechanisms in our city, the Interim Measures clarified the application scope of industrial land obtained by agreement transfer within the administrative area of Shenzhen; Including ordinary industrial land (M 1) and newly-built industrial land (M0), combined with the actual situation in Shenzhen, storage land (W 1) and logistics land (W0) can be implemented by reference.
In line with the principle of respecting the transfer contract and history, if there are provisions in the contract, such provisions shall prevail. At the same time, do a good job in linking up with relevant policies such as industrial building transfer.
(B) On the land secondary market platform
According to the Guiding Opinions of the General Office of the State Council on Improving the Secondary Market for the Transfer, Lease and Mortgage of Construction Land Use Rights (Guo Ban Fa [2019] No.34), it is required to "build a unified land market trading platform in urban and rural areas, collect trading information in the secondary market, provide trading places, handle trading affairs, and vigorously promote the construction of online trading platforms and information systems", and the Interim Measures stipulate that industrial land. The land secondary market platform collects market supply and demand information, provides services such as policy consultation, open bidding transaction and transfer contract filing, and makes statistics and monitoring on the land secondary market.
At the same time, in order to optimize the business environment, the land secondary market platform provides public welfare services without charging any fees to the transferor.
(3) Conditions for transfer
The "Interim Measures" clarify that the conditions that need to be met for the transfer of industrial land use rights in our city mainly include: First, all the land price has been paid according to the transfer contract, and the real estate ownership certificate has been obtained; Second, those involving idle land and illegal buildings have been disposed of according to relevant regulations; Third, if it involves seizure according to law, * * * rights, mortgages, etc. , should obtain the consent of the relevant units or rights holders in accordance with the provisions; Fourth, there is no ownership dispute; Fifth, it meets other conditions stipulated by laws and regulations.
(4) About advance notice registration
According to the relevant requirements of "centralized disposal of idle industrial land with a total investment of 25%" proposed in the list of the first batch of authorized items, the Interim Measures proposed to explore the implementation of the advance notice registration and transfer system. For industrial land with a total investment of 25%, according to the principle of "investment first and then transfer", both parties are allowed to sign a contract for the transfer of industrial land use rights, and then go through the advance notice registration according to law until the development investment meets the transfer conditions.
The "Interim Measures" stipulates that the right holder of advance notice registration can apply to the departments of development and reform, planning, natural resources, ecological environment, housing and construction for the relevant application procedures of construction projects with the advance notice registration certificate of real estate and other necessary materials as the subject of application.
(5) The qualification and industry supervision of the transferee.
In order to ensure that the transferred industrial land is really used for industrial development, the Interim Measures stipulates that the transferee should belong to an enterprise engaged in encouraged development projects in the Catalogue of Current Industrial Structure Adjustment and Optimization and Industry Orientation in Shenzhen, or a platform company invested and established by the municipal and district governments to undertake the functions of industrial building construction, operation and management. At the same time, in order to meet the needs of industrial development in all districts, the Interim Measures stipulates that the governments of all districts should formulate unified qualifications and samples for the transferee of industrial development supervision agreements according to the actual situation of industrial development in their respective jurisdictions and the annual regulatory requirements, and publish them through the land secondary market platform.
In addition, the "Interim Measures" respectively put forward requirements for industrial supervision of the whole chain of transfer: First, before the transfer, the district industrial authorities should put forward audit opinions on the transfer of industrial land use rights and draw up an industrial development supervision agreement; Second, in the process of transfer, the district industrial authorities should review the bidding qualification of the transferee; Third, after the transfer, the district industrial authorities need to sign an industrial development supervision agreement with the transferee to supervise the industrial development.
Interim Measures of Shenzhen Municipality on Transferring the Right to Use Industrial Land
Article 1 In order to implement the Pilot Implementation Plan of Socialism with Chinese characteristics Comprehensive Reform Experimental Demonstration Zone (2020-2025), revitalize the stock of inefficient industrial land, optimize the market-oriented allocation of land elements, and standardize the transfer of industrial land use rights, according to the Guiding Opinions of the General Office of the State Council on Improving the Secondary Market for the Transfer, Lease and Mortgage of Construction Land Use Rights (Guo Ban Fa [2019] No.34
Article 2 These Measures shall apply to the act of transferring the right to use industrial land by agreement within the administrative area of Shenzhen.
These Measures shall not apply to the contract for assignment of the right to use construction land (hereinafter referred to as the assignment contract) or the industrial land whose nature is non-commodity, restricted for personal use or non-transferable as stipulated in the real estate registration certificate.
Article 3 The industrial land mentioned in these Measures includes ordinary industrial land (M 1) and new industrial land (M0), and storage land (W 1) and logistics land (W0) can be implemented by reference.
Article 4 The municipal planning and natural resources department shall be responsible for the management and supervision of the secondary market for the transfer of industrial land use rights. The agency of the municipal planning and natural resources department is responsible for reviewing the conditions for the transfer of industrial land use rights.
Municipal development and reform, scientific and technological innovation, industry and information technology, transportation and other industry departments are responsible for guiding the districts to carry out industry access, qualification examination and industry supervision involved in the transfer of industrial land use rights.
The relevant departments of the municipal government carry out their duties, cooperate closely, and do a good job in the service related to the transfer of industrial land use rights.
The district governments (including the new district management agencies, the same below) are responsible for the industry access, qualification examination and industry supervision involved in the transfer of industrial land use rights.
Article 5 The transfer of the right to use industrial land shall be conducted through the information platform of the secondary land market (hereinafter referred to as the secondary land market platform). The land secondary market platform collects market supply and demand information, provides services such as policy consultation, open bidding transaction and transfer contract filing, and makes statistics and monitoring on the land secondary market.
Both parties to the transfer of industrial land use rights can publish and obtain market supply and demand information through channels such as the secondary market platform of land; You can negotiate the transaction yourself, or you can openly bid for the transaction through the land secondary market platform.
Article 6 The right to use industrial land transferred in accordance with the provisions of these Measures shall meet the following conditions:
(a) has paid all the land price according to the transfer contract, and obtained the real estate registration certificate;
(two) involving idle land, it has been disposed of in accordance with the relevant provisions of idle land;
(three) involving illegal construction, has been disposed of in accordance with the relevant provisions of illegal construction;
(4) It has obtained the written consent of the competent authority if it involves the seizure according to law or the transfer in other forms is prohibited by the competent authority;
(five) involving * * * land use rights and buildings and other attachments on the ground, other * * * people have agreed in writing;
(6) Where mortgage is involved, the mortgagee has been notified in writing, but otherwise agreed by the parties, such agreement shall prevail;
(seven) there is no ownership dispute;
(eight) other conditions stipulated by laws and regulations.
Unless otherwise agreed in the transfer contract, the industrial land use right shall be transferred as a whole, and the above-ground buildings, structures and other attachments shall be transferred at the time of transfer.
Seventh explore the implementation of advance notice registration and transfer system. For industrial land with a total investment of 25% that has not been developed, according to the principle of "investment first and then transfer", both parties are allowed to go through the advance notice registration according to law after signing the contract for transferring the right to use industrial land, and then go through the real estate transfer registration formalities when the development investment meets the transfer conditions. As the subject of application, the transferee can apply to the departments of development and reform, planning, natural resources, ecological environment, housing and construction for the relevant application procedures of construction projects with the necessary materials such as the advance notice registration certificate of real estate and the power of attorney of the transferor.
Article 8 When transferring the right to use industrial land, the transferor shall apply to the agencies of the municipal planning and natural resources department and the district industrial department for review respectively. The agencies of the municipal planning and natural resources department and the district industrial department shall realize the interconnection of audit information in the audit process.
The agency of the municipal planning and natural resources department shall issue an audit opinion after receiving the application materials for transfer; Involving issues such as exceeding the time limit for commencement and completion agreed in the transfer contract, it shall put forward opinions on improving the procedures for land use in the next step.
After receiving the application materials for transfer, the district industrial authorities shall issue audit opinions and draw up an industrial development supervision agreement as an annex to the transfer contract.
Article 9 The transferee of the right to use industrial land shall belong to an enterprise engaged in encouraged development projects in the current Catalogue of Industrial Structure Adjustment and Optimization and Industry Orientation in Shenzhen, or a platform company invested and established by the municipal and district governments to undertake the construction, operation and management functions of industrial buildings.
The district governments shall, according to the actual situation of industrial development in their respective jurisdictions and combined with the annual regulatory requirements, formulate unified transferee qualification conditions and samples of industrial development regulatory agreements in each district on the basis of the preceding paragraph, and publish them through the land secondary market platform. The district government can make timely adjustments according to the industrial development and changes in its jurisdiction.
The transferee who has reached a transaction through self-negotiation or the bidder who participates in the open bidding transaction shall obtain the qualified approval issued by the district industrial department.
Article 10 If the transferor and the transferee reach a deal through negotiation, they shall apply for transfer through the secondary land market platform, fill in the relevant transfer information, upload the audit opinions issued by the relevant departments and the transferee's qualification letter, and truthfully declare the transfer price according to law.
The land secondary market platform should complete the contract for the assignment of industrial land use rights for the record, and generate the electronic supervision number according to the procedure; The transferee shall sign an industrial development supervision agreement with the district industrial department on the basis of the transfer contract and other materials.
Article 11 Where the transferor intends to determine the transferee through public bidding, the transferor shall apply to the land secondary market platform for transfer, fill in relevant transfer information and audit opinions issued by relevant departments, and declare the reserve price for public bidding.
The land secondary market platform shall organize public bidding transactions according to the procedures, determine the transferee, complete the filing of the industrial land use right transfer contract and generate the electronic supervision number; The transferee shall sign an industrial development supervision agreement with the district industrial department on the basis of the transfer contract and other materials.
Article 12 When the transferor or transferee applies to the land secondary market platform to verify the total investment in development, it shall submit an evaluation (audit) report issued by an evaluation (audit) institution with professional qualifications that has completed more than 25% of the total investment in development, and the land secondary market platform shall issue a receipt for filing according to the submitted evaluation (audit) report.
Thirteenth after the completion of the transaction of industrial land use right transfer, both parties to the transaction shall apply to the real estate registration agency for the registration of industrial land use right transfer according to the transfer contract and the attached industrial development supervision agreement.
For industrial land that has not been developed with a total investment of 25%, both parties to the transfer shall apply to the real estate registration agency for advance notice registration with the materials such as the transfer contract and the attached industrial development supervision agreement; After more than 25% of the total investment in development is completed, both parties to the transfer shall apply to the real estate registration agency for advance notice registration with the receipt of the total investment in development, and transfer it to the original office for verification and filing.
Fourteenth industrial land use rights transfer related taxes and fees, in accordance with the tax policy.
Fifteenth city planning and natural resources, market supervision, taxation and industry departments should establish a communication and cooperation mechanism, strengthen the joint supervision of land-related equity transfer, and prevent the transfer of land use rights through equity transfer in disguise.
The land use right transfer contract and industry supervision agreement for newly supplied industrial land shall be clearly stipulated, and the construction land use right and the above-ground buildings (structures) and their ancillary facilities shall not be transferred in disguised form through equity transfer or change.
Sixteenth city planning and natural resources departments should strengthen the supervision of the secondary market order of land. If both parties have illegal and untrustworthy behaviors in the process of transfer, they shall be included in the blacklist of untrustworthy behaviors according to law.
Seventeenth the two sides through the land secondary market platform to declare the transfer price or the transaction price of public bidding is lower than the marked land price by more than 20%, the municipal land reserve institution can exercise the preemptive right.
Eighteenth land secondary market platform to provide public bidding services, not to charge any fees for the transfer of industrial land use rights.
Article 19 The assignment of industrial land use right in Shenzhen-Shantou Special Cooperation Zone may be implemented with reference to these measures.
The transfer of industrial land use rights in high-tech zones stipulated in the Regulations of Shenzhen Special Economic Zone on High-tech Industrial Parks shall be implemented in accordance with the Regulations.
The transfer of industrial buildings and their supporting houses that have been registered for real estate within the administrative area of this Municipality shall be implemented in accordance with the relevant provisions of the transfer of industrial buildings in our city.
Unless otherwise stipulated in these Measures, if the transfer of industrial land use rights involves urban renewal, land consolidation or industrial block lines, it shall be implemented in accordance with the relevant policies and regulations of our city.
Twentieth these measures shall come into force as of the date of issuance and shall be valid for three years.