Question 2: Types of state-owned land use rights: What do you mean by allocating land? 1. Connotation: The allocation of land use rights means that it is approved by the people's government at or above the county level according to law.
In the land users pay compensation,
After the resettlement fee, the land will be delivered to its use.
Or the act of giving the land use right to the land user free of charge.
That is, the allocation of land use rights does not require users to pay land use rights fees.
But with the approval of the state, free and unrestricted use of state-owned land.
However, users who have obtained the allocated land use right shall pay the land use tax according to law.
2. Time limit: if the land use right is obtained by allocation,
Unless otherwise stipulated by laws and administrative regulations, the service life is not limited.
Although there is no time limit for obtaining the allocated land use right without compensation,
However, the land user has moved, dissolved, revoked, broken or stopped using the land for other reasons.
The state recovers the allocated land use right free of charge and can transfer it according to law.
Due to that need of urban construction and development and the requirements of urban plan,
You can also recover the allocated land use right free of charge and transfer it according to law.
Recover the allocated land use right without compensation,
Buildings and other attachments on the ground belong to the state,
However, appropriate compensation should be given according to the actual situation.
3, the allocation of state-owned land use rights:
According to Article 24 of the Urban Real Estate Management Law,
The land use right of the following construction land is really necessary,
Can be approved by the people's governments at or above the county level according to law:
(1) land used by state organs and the army;
(two) urban infrastructure and public welfare land;
(3) Land for energy, transportation, water conservancy and other projects supported by the state;
(four) other land as prescribed by laws and administrative regulations.
Where the land use right is obtained by means of allocation,
After registration and verification by the competent department, the land use right certificate shall be issued by the people's government at the same level.
4. Restrictive provisions on transfer, lease and mortgage:
Generally, the allocated land use right shall not be transferred, leased or mortgaged.
But those who meet the statutory conditions can also be transferred, leased or mortgaged:
That is, land users are companies, enterprises, other organizations and individuals.
There is a land use right certificate, and the above-ground buildings have legal property rights certificates.
Approved by the local * * * to sell and pay the land use right transfer fee or to sell,
The income from lease and mortgage shall be offset against the transfer fee.
Transferring, leasing or mortgaging the land use right without approval,
Confiscate their illegal income and impose a corresponding fine according to their circumstances.
5 Reference: Sihong County, Jiangsu Province * * *
6 Our State-owned Land Use Certificate reads:
The type of use right says "transfer"
Our unit is an energy unit supported by the state.
The land was allocated.
Question 3: What are the advantages and disadvantages of transfer? If the land is transferred, the house will be given a certain fee when it moves in, but it will not be allocated.
Question 4: What is land allocation? Refers to the people at or above the county level who, with the approval of the law, pay compensation and resettlement fees, deliver the land to the land users, or deliver the land use right to the land users free of charge. Unless otherwise provided by laws and administrative regulations, there is no restriction on the term of use if the land use right is obtained by allocation in accordance with the provisions of this Law. "
Question 5: What is the allocation of land use rights? Under what circumstances can land be allocated? The allocation of land use right refers to the behavior that the people at or above the county level * * * approve the land according to law and deliver the land to the land users after paying the compensation and resettlement fees, or deliver the land use right to the land users for free. Unless otherwise provided by laws and administrative regulations, there is no restriction on the term of use if the land use right is obtained by allocation in accordance with the provisions of this Law. Under what circumstances can land be allocated: the land use right of the following construction land is really necessary and approved by the people's government at or above the county level according to law: (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 projects supported by the state; (four) other land as prescribed by laws and administrative regulations.
Question 6: Is it useful to allocate land use certificates? When entering the market at 20 minutes, the normal land is sold and allocated, and private individuals cannot obtain the allocated land.
1. The allocated land use right refers to the state-owned land use right obtained with the approval of the people's government at or above the county level according to law and after the land user pays the compensation and resettlement fee, or the state-owned land use right obtained without compensation with the approval of the people's government at or above the county level according to law.
Therefore, the allocation of land use rights has two basic forms:
(1) The right to use state-owned land obtained after the people's governments at or above the county level have approved it according to law and the land users have paid compensation and resettlement fees. The allocation of land use rights has two remarkable characteristics: first, land users must obtain the approval of people at or above the county level according to law; Second, land users must pay compensation, resettlement and other expenses to obtain land use rights.
(two) the land use right obtained by the land user free of charge with the approval of the people's government at or above the county level according to law. This allocation of land use rights also has two remarkable characteristics: first, land users must obtain the approval of people at or above the county level according to law; Second, land users obtain land use rights free of charge, that is, they do not have to pay any fees or economic costs. According to the relevant policies of the state, the construction land invested by the state, such as government, government and military organs, administrative institutions, ordinary residential construction land, public facilities, public utilities, state-owned industries, etc., continues to be supplied by allocation. Private schools cannot enjoy the allocation policy.
Two, the transfer of land use rights refers to the transfer of state-owned land use rights to land users within a certain period of time as a land owner. The land use right obtained by the land user after paying the transfer fee of land use right to the state. Obtaining the right to use leased land has the following characteristics: (1) The land use right obtained is paid. Land users who have obtained land use rights within a certain period of time shall pay the leasing fee for land use rights to the state. The land economic benefits obtained by the state by virtue of land ownership are manifested as land rent for a certain period of time, which is generally manifested as land users paying a certain amount of money to the state. (2) The acquired land use right has a time limit. The time limit for land users to enjoy the right to use the land is limited to the transfer period. The term of assignment shall be stipulated in the assignment contract, but it shall not exceed the maximum period prescribed by law. (3) The acquired land use right is a kind of real right. The transfer of land use right is based on the separation of land ownership and land use right. After the transfer of the land use right, the transferee actually enjoys the right to possess, use, benefit and dispose of the land within the transfer period. Land use rights can be transferred, leased, mortgaged or used for other economic activities according to law within the service life, and their legitimate rights and interests are protected by state laws. Procedures for transferring land use rights: Because there are three forms of transferring land use rights: agreement transfer, bidding transfer and auction transfer, the procedures for transferring land use rights are also different.
The procedure for transferring the land use right by agreement is:
(1) Land users apply to * * * for land use rights. (2) After the land application is approved by * * * *, the land user and * * negotiate the land use conditions such as land area, service life and land price, and after the two sides reach an agreement on the relevant contents, the land use right transfer contract is initialled. (3) After the initialling of the land use right transfer contract is completed, the relevant materials shall be submitted to the * * * with approval authority for approval to transfer the land use right according to the regulations on examination and approval management. (4) The transferee of the land use right pays the leasing fee according to the contract, and * * * provides the land use right according to the contract. (5) Go through the relevant land registration procedures.
The procedures for transferring the land use right by tender are as follows:
(1) Prepare tender documents, such as tender, tender, land use, planning conditions, etc. (2) Issuing a tender announcement. (3) Intention of the transferee to go through the bidding procedures. (4) *** Determine the winning bidder and sign the transfer contract. (5) The winning bidder shall pay the leasing fee according to the contract and go through the land registration formalities.
The procedures for auctioning land use rights are:
(1) Prepare the auction documents. (2) Issuing an auction announcement. (3) Ask the intended transferee for relevant documents and go through the bidding procedures. (4) Bid at the designated place and time. (5) Sign the transfer contract. (6) Pay the land transfer fee and go through the land registration formalities.
Question 7: What do you mean by allocating land use rights? Land use right is divided into state-owned allocation right and allocated land use right, which are different.
The allocation of land use right refers to the behavior that the people's government at or above the county level * * * approves according to law and delivers the land to the land users after paying the compensation and resettlement fees, or delivers the land use right to the land users free of charge. Unless otherwise stipulated by laws and administrative regulations, the land use right obtained by allocation has no time limit and may not be transferred.
Question 8: What are the risks of buying a house with allocated land use rights? The allocation of land is not allowed to buy or sell mortgages, but it depends on people's efforts? Relocation compensation depends on how you do it yourself.
Question 9: What are the provisions on the scope of land use right allocation (1) by state organs? Refers to the land used by state power organs, administrative organs, judicial organs and procuratorial organs at all levels that exercise state functions. (2) military land. Refers to the floorboard of the land for military organs and military facilities. (3) Land for urban infrastructure. Refers to urban water supply, drainage, sewage treatment, power supply, communication, gas, heat, roads, bridges and culverts, urban public culverts, landscaping, environmental sanitation, fire safety, street lamps and other facilities. (4) Urban commonweal land. Refers to all kinds of schools, hospitals, stadiums, libraries, cultural centers, children's palaces, kindergartens, epidemic prevention stations, theaters and other facilities in the city. (five) land for energy, transportation, water conservancy and other projects supported by the state. It refers to the land for coal, oil, natural gas and electric energy projects supported by various preferential policies, land for transportation projects such as railways, ports, airports and transportation hubs, and land for water conservancy projects such as reservoirs, dams, agricultural irrigation projects, river regulation projects and flood control projects. In particular, the land use right of the above-mentioned land can only be provided by allocation when it is really necessary. However, the urban real estate management law has not made specific provisions on whether to grasp it or not. Generally speaking, if the construction land specified in this article is really invested by the state or used for non-business purposes, it can be considered as "really necessary" and the land use right should be provided by means of allocation. For those that are not invested by the state but are used for business or profit-making purposes, it is not really necessary, but the land use right should be provided by means of transfer. 2. The existing scope of application of the allocated land use right refers to which land in the existing urban state-owned land belongs to the nature of the allocated land use right. As we all know, there are two main ways to obtain the right to use state-owned land in China: transfer and allocation. Then, in the urban state-owned land, except for a few that have obtained land use rights by way of transfer, are the rest allocated land? I don't think it can be that simple. Most of the urban state-owned land in China is allocated land, but there are two kinds of land that are special: (1) urban private housing land. For urban private housing land, the legislature once envisaged to obtain it by allocation. For example, the Urban Real Estate Management Law (Draft) once stipulated: "Before the implementation of this law, the land use right of private housing land on urban state-owned land was obtained by allocation, except for the land use right obtained by transfer according to law." During the deliberation of the draft, some members of the National People's Congress Standing Committee (NPCSC) and some localities and regions raised objections to the above provisions of the draft. The reason is: according to the provisions of Article 1 of the draft, if the land use right is obtained by means of allocation, the transfer of real estate shall be approved, and the land use right transfer fee shall be paid back. The situation of privately-owned land in cities is more complicated. There are foreigners' private houses, overseas Chinese, overseas Chinese and other private houses, escrow properties left by officials, houses and land bought with money before liberation, and title deeds and property certificates can be found. Now all the rules are regarded as distribution, which is too simple and will cause many problems. After research, the Law Committee adopted the above opinions, and suggested in the report on the results of deliberation: "This law may not provide for this, and this provision in the draft may be deleted. When necessary, the State Council can first formulate administrative regulations to distinguish between different situations. " Therefore, the official "Urban Real Estate Management Law" does not stipulate this. For urban private land, we should distinguish between two situations: first, after liberation, applying to * * * for the construction of private housing sites should undoubtedly belong to the nature of land allocation. The second is the private homestead left before liberation. This kind of homestead should be regarded as a special kind of land, and special laws, regulations or rules should be formulated to regulate it. Relevant legislation should make the following points clear: first, the owner of a private house has the right to use the homestead occupied by the house, which is indefinite. Second, the right to use the homestead can be transferred, leased or mortgaged anywhere with the house, and there is no need to go through the transfer procedures, pay the transfer fee or turn over the land income to the state, but relevant taxes (including land value-added tax) must be paid according to law. This will greatly reduce the phenomenon that the house price includes land price and the parties conceal the price and evade taxes, so that the private house transaction will be more standardized. Third, when this homestead loses its right to use because of state expropriation or house demolition, its land use right itself needs to be properly compensated. This can straighten out the relationship between private property owners, the state and the demolition people ... > >
Question 10: Is it free to obtain the allocated land use right? The acquisition of transferring land use rights is paid, while the acquisition of allocated land use rights is free. This is a long-standing common saying, and we haven't found anyone opposing it yet. However, this proposition cannot stand scrutiny. First of all, according to the provisions of Article 22 of the People's Republic of China (PRC) Urban Real Estate Management Law, the allocation of land use rights refers to the behavior that the people's governments at or above the county level, with the approval of the people's governments at or above the county level, deliver the land to the land users after paying the compensation and resettlement fees, or deliver the state-owned land use rights to the land users for free. This provision is the most authoritative definition of the concept of land use right allocation at the legislative level so far. According to this definition, obtaining the allocated land use right is actually divided into two situations: one is that the land user first pays the compensation and resettlement fee to the original land owner or user, and then the state delivers the land to him for use; In another case, the state gives the right to use state-owned land to land users free of charge. In the first case, obviously, the acquisition of allocated land use rights cannot be said to be free. Secondly, in reality, the vast majority of land users only obtain the allocated land use right after paying the compensation and resettlement fees, and the situation of obtaining the allocated land use right free of charge is becoming less and less. For example, according to Guangzhou Municipal People's * *1988, the construction unit (land-using unit) is responsible for the relocation, resettlement and compensation of the houses demolished with allocated construction land. According to this regulation, the land development cost must be paid to obtain the allocated land use right in Guangzhou. Finally, by comparing the fees paid for land use right transfer with those paid for land use right transfer, we can find that they are very close or even completely equal in some cases. According to Article 6 of the Interim Measures of the Ministry of Finance for Financial Management and Accounting of State-owned Land Use Right Transfer Funds, the composition of land transfer fees includes land development expenses, business expenses and net land income. Land development costs include compensation and resettlement fees for the original land owners or users; Business expenditure is the business expenditure of land development, mainly including exploration and design fees, advertising fees, consulting fees, office expenses, etc. Net land income is the income obtained through land development. The land transfer fee is determined through negotiation or market bidding. The proportion of land development costs in different plots is quite different. If the location is poor (such as remote suburbs) or the land development cost is high (such as the old city reconstruction project), the transfer fee is very close to or even equal to the land development cost. In this case, the cost of obtaining land use right by transfer is almost the same as that by allocation. Some scholars believe that even if the allocated land use right holder pays the land acquisition compensation (land development fee), the fee does not belong to the leasing category of land use right, so the allocated land use right is still obtained free of charge. However, this view avoids the core issue of what the land development expenses paid by land users belong to, so it is unconvincing. This paper will analyze the nature of land development expenses paid by allocated land users later. There are two main reasons for the long-term understanding of "allocated land is obtained free of charge": on the one hand, before the reform and opening up, there were indeed a large number of allocated land provided free of charge; On the other hand, it is the mindset formed in people's minds by the long-term planned economy, which holds that between the state and individuals, the national interest is always above everything else, and the interests of individuals (land units) are ignored. As a result, it is natural for the state to recover land for free, but it is difficult for land users to defend their rights after paying huge land development costs.