(Effective Date:1990.05.19–Ineffective Date:)
CHAPTER I GENERAL PROVISIONS
CHAPTER II THE ASSIGNMENT OF THE RIGHT TO THE USE OF THE LAND
CHAPTER III THE TRANSFER OF THE RIGHT TO THE USE OF THE LAND
CHAPTER IV THE LEASE OF THE RIGHT TO THE USE OF THE LAND
CHAPTER V THE MORTGAGE OF THE RIGHT TO THE USE OF THE LAND
CHAPTER VI THE TERMINATION OF THE RIGHT TO USE OF THE LAND
CHAPTER VII THE ALLOCATED RIGHT TO THE USE OF THE LAND
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. These Regulations are formulated in order to reform the system of using the State-owned land in the urban areas, rationally develop, Article 2. The State, in accordance with the principle of the ownership being separated from the right to the use of the land, implements ten The term “State-owned land in the urban areas~ as used is the preceding paragraph refers to the land owned by the whole people (hereinafter Article 3. Any company, enterprise, other organization and individual within or outside the People’s Republic of China may, unless otherwise Article 4. Users of the land who have obtained the right to the use of the land in accordance with these Regulations may, within the term of Article 5. Users of the land shall, in their activities to develop, utilize and manage the land, abide by the laws and regulations of the state Article 6. The land administrative departments under the people’s governments at or above the county level shall conduct supervision and inspection, Article 7. The registration of the assignment, transfer, lease, mortgage and termination of the right to the use of the registration of the THE registration documents shall be made available for public reference.
CHAPTER II THE ASSIGNMENT OF THE RIGHT TO THE USE OF THE LAND Article 8. The assignment of the right to the use of the land refers to the act of the State as the owner of the land who, within the term of An assignment contract shall be signed for assigning the right to the use of the land. Article 9. People’s governments at the municipal and county levels shall be in charge of assigning the right to the use of the land, which shall Article 10. The land administration departments under the people’s governments at the municipal and county levels shall, in conjunction with Article 11. The contract for assigning the right to the sue of the land shall be signed by and between the land administration departments under Article 12. The maximum term with respect to the assigned right to the use of the land shall be determined respectively in the light of the purposes (1) 70 years for residential purposes; (2) 50 years for industrial purposes; (3) 50 years for the purposes of education, science, culture, public health and physical education; (4) 40 years for commercial, tourist and recreational purposes; and (5) 50 years for comprehensive utilization or other purposes. Article 13. The assignment of the right to the use of the land may be carried out by the following means: (1) by reaching an agreement through consultations; (2) by invitation to bid; or (3) by auction. The specific procedures and steps for assigning the right to the use of the land by the means stipulated in preceding paragraphs shall Article 14. The land user shall, within 60 days of the signing of the contract for the assignment of the right to the use of the land, pay the Article 15. The assigning party shall, in compliance with the stipulations of the contract, provide the right to the use of the land thus assigned, Article 16. After paying the total amount of the fee for the assignment of the right to the use of the land, the land user shall, in accordance Article 17. The land user shall, in conformity with the stipulations of the contract for the assignment of the right to the use of land and the Should any land user fail to develop and utilize the land in accordance with the period of time specified in the contract and the Article 18. If the land user needs to alter the purposes of land use as stipulated in the contract for assigning the right to the use of land,
CHAPTER III THE TRANSFER OF THE RIGHT TO THE USE OF THE LAND Article 19. The transfer of the right to the use of the land refers to the land user’s act of re-assigning the right to the use of the land, If the land has not been developed and utilized in accordance with the period of time specified in the contract and the conditions Article 20. A transfer contract shall be sighed for the transfer of the right to the use of the land. Article 21. With the transfer of the right to the use of the land, the rights and obligations specified in the contract for assigning the right Article 22. The land user who has acquired the right to the use of the land by means of the transfer thereof shall have a term of use which is Article 23. With the transfer of the right to the use of the land, the ownership of the above-ground buildings and other attached objects shall Article 24. The owners or joint owners of the above-ground buildings and other attached objects shall have the right to the use of the land within With the transfer of the ownership of the above-ground buildings and other attached objects by the land users, the right to the use Article 25. With respect to the transfer of the right to the use of the land and of the ownership of the above-ground buildings and other attached Divided transfer of the right to the use of the land and of the ownership of the above-ground buildings and other attached objects Article 26. When the transfer of the right to the use of the land is priced at a level obviously lower than the prevailing market price, the When the market price for the transfer of the right to the use of the land rises to an unreasonable extent, the people’s governments Article 27. If, after the transfer of the right to the use of the land, necessity arises for altering the purposes of land use as stipulated
CHAPTER IV THE LEASE OF THE RIGHT TO THE USE OF THE LAND Article 28. The lease of the right to the use of the land refers to the act of the land user as the lessor to lease the right to the use of the If the land has not been developed and utilized in accordance with the period of time specified in the contract and the conditions Article 29. A lease contract shall be signed for leasing the right to the use of the land by and between the lessor and the lessee. The lease contract shall not run counter to the laws and regulations of the State or the stipulations of the contract for assigning Article 30. After leasing the right to the use of the land the lessee must continue to perform the contract for assigning the right to the use Article 31. With respect to the lease of the right to the use of the land together with the above-ground buildings and other attached objects,
CHAPTER V THE MORTGAGE OF THE RIGHT TO THE USE OF THE LAND Article 32. The right to the use of the land may be mortgaged. Article 33. With the mortgage of the right to the use of the land, the above-ground buildings and other attached objects thereon shall be mortgaged With the above-ground buildings and other attached objects, the right to the use of the land within the limits of use of the said Article 34. A mortgage contract shall be signed for mortgaging the right to the use of the land by and between the mortgagor and the mortgagee. The mortgage contract shall not run counter to the laws and regulations of the State or the stipulations of the contract for assigning Article 35. With respect to the mortgage of the right to the use of the land together with the above-ground buildings and other attached objects, Article 36. If the mortgagor fails to fulfil liabilities within the prescribed period of time or declares dissolution or bankruptcy within the With respect to the right to the use of the land and the ownership of the above-ground buildings and other attached objects acquired Article 37. The mortgagee shall have the priority of compensation with respect to the receipts resulting from the disposal of the mortgaged property. Article 38. If the mortgage is eliminated as a result of the liquidation of liabilities or for other reasons, procedures shall be undertaken
CHAPTER VI THE TERMINATION OF THE RIGHT TO USE OF THE LAND Article 39. The right to the use of the land shall terminate for such reasons as the expiration of the term of use as stipulated in the contract Article 40. Upon expiration of the term of use, the right to the use of the land and the ownership of the above-ground buildings and other attached Article 41. Upon expiration of the term of use, the land user may apply for its renewal. Where such a renewal is necessary, a new contract shall Article 42. The State shall not withdraw before the expiration of the term of use the right to the use of the land which the land user acquired
CHAPTER VII THE ALLOCATED RIGHT TO THE USE OF THE LAND Article 43. the allocated right to the use of the land refers to the right to the use of the land which the land user acquires in accordance The land user referred to in the preceding paragraph shall pay tax for the use of the land in accordance with the provisions of the Article 44. The allocated right to the use of the land may not be transferred, leased, or mortgaged, with the exception of cases as specified Article 45. On condition that the following requirements are satisfied, the allocated right to the use of the land and the ownership of the above-ground (1) The land users are companies, enterprises, or other economic organizations, or individuals; (2) A certificate for the use of state-owned land had been obtained; (3) Possessing legitimate certificates of property rights to the above-ground buildings and other attached objects; and (4) A contract for assigning the right to the use of land is signed in accordance with the provisions in Chapter II of these Regulations The transfer, lease or mortgage of the allocated right to the use of the land referred to in preceding paragraphs shall be handled Article 46. Any units or individuals that transfer, lease or mortgage the allocated right to the use of the land without authorization shall Article 47. If the land user who has acquired the allocated right to the use of the land without compensation stops the use thereof as a result The municipal or county people’s government may, based on the needs of urban construction and development and the requirements of When the allocated right to the use of the land is withdrawn without compensation, the municipal or county people’s government shall,
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 48. The right to the use of the land may be inherited if it is acquired by individuals in accordance with the provisions of these Regulations. Article 49. The land user shall pay tax in accordance with the provisions of the tax laws and regulations of the State. Article 50. Fees collected by assigning the right to the use of the land in accordance with these Regulations shall be included in the fiscal Article 51. The people’s governments of various provinces, autonomous regions and municipalities directly under the Central Government shall, Article 52. With respect to foreign investors engaging in developing and managing tracts of land, the administration of the right to the use Article 53. The State Administration for Land Uses shall be responsible for the interpretation of these Regulations; the measures for the implementation Article 54. These Regulations shall go into effect as of the date of promulgation.
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