(Effective Date:1992.03.08–Ineffective Date:)
Article 1. With a view to implementing “PRC Regulations on Leasing and Transferring of the Right to Use State-owned Urban and Rural Land” (hereinafter Article 2. Allocated land use right denotes the right to use State-owned land procured by land users through means other than land-use right Article 3. These rules are applicable to the transferring, leasing and mortgaging of the right to use allocated land (hereinafter referred to Article 4. The land administrations of the people’s governments above the county level shall control and supervise in accordance with law the Article 5. Land users who have not got approval from land administrations of municipal or county people’s governments and fail to go through Article 6. Land users conforming to the following conditions may transfer, lease and mortgage land use right upon approval by land administrations a. They are corporations, enterprises, other economic entities and individuals; b. Bearer of State-owned land use right certificate; c. Bearer of legal documents of premises and other attached structures and properties on land; and d. Those who sign land use right leasing contract in accordance with the “Regulations” and these rules and pay lease fees to municipal Article 7. The transfer of land use right denotes the transfer to others of land use right or the right along with the premises and other attached The original owner of the land use right is the transferor and the party that receives the land use right is the transferee. Article 8. Ways of land use right transfer cover sales, exchange, donations, etc. Sale means that the transferor trades land use right for given benefits. Exchange means the exchange of land use rights among land users. Donation means that the transferor transfers land use right gratis to the transferee. Article 9. Leasing of land use right means that land users lease land use right or the right along with the premises and other attached structures The original owner of land use right is the lessor and the party that rents the right is the lessee. Article 10. Mortgaging of land use right means that land users mortgage mortgageable land use rights as a guarantee for clearance of debts. The original owner of the land use right is the mortgagor and the mortgage holder is the mortgagee. Article 11. In transferring and mortgaging land use right, ownership of the premises and attached structures and properties on the land in question In leasing land use right, the use right of the premises and attached structures on land is correspondingly leased; in leasing the Article 12. Land users who transfer, lease or mortgage land use right must bear State-owned land use certificate and legal documents of the premises Article 13. Land administrations of municipal or county people’s governments must give a reply in 15 days as of the date of receipt of written Article 14. Land administrations of municipal or county people’s governments, through negotiations, sign land use right transfer contract with Article 15. Both parties involved in transfer, leasing or mortgaging of land use right shall, in accordance with relevant laws, decrees and the Article 16. Land users shall, within 60 days after the signing of land use right leasing contracts, pay lease fees to local municipal or county Article 17. Both parties shall, within 15 days after the registration of a land use right lease, go to land administrations of municipal or county To get them registered, it is necessary to present the following documents and materials: a. Certificate of State-owned land use; b. Land use right leasing contract; c. Contract on transfer, leasing and mortgaging of land use right; and d. Other documents and materials deemed necessary by the land administrations of the municipal or county people’s governments. Article 18. When land use right is transferred, the rights and obligations recorded in the land use right leasing contract and the registration Article 19. In leasing and mortgaging land use right, the lessor or mortgagor must continue to implement the land use right leasing contract. Article 20. After land use right is transferred, if the lessee has the need to change the contents as defined in the land use right leasing contract, Article 21. After land use right is leased, the lessee must not add permanent premises and structures. If it is necessary to build interim premises After land use right is leased, if the lessee has the need to change the content as defined in the land use right leasing contract, Article 22. After the termination of the land use right leasing contract, the lessor shall, within 15 days as of the date of termination of the Article 23. After the termination of the land use right mortgaging contract, the mortgagor shall, within 15 days as of the date of termination Article 24. If the mortgagor fails to honor his debt due, or the mortgagor is disbanded or goes bankrupt during the effective period of the mortgaging Land users who procure land use right through disposing of mortgaged properties must, within 15 days of the date of procurement of Article 25. When land users who are transferring, leasing or mortgaging the land use right are going through procedures to lease land use right, Article 26. Land use right leasing fees are charged in accordance with different means of transferring, leasing or mortgaging to a given proportion Article 27. Land use right fees are collected and managed in accordance with relevant State regulations by land administrations of local municipal Article 28. When the lease term of the land use right is due, land users must, with 15 days as of the date of maturity of the term, bear the Article 29. After the lease term of the land use right is due, if land users transfer, lease or mortgage the land use right again, they shall, Article 30. During the period of land use right leasing, the State, under special circumstances and in accordance with the public interest, may Article 31. If land users fail to pay all lease fees within the period as prescribed in the land use right leasing contract, the lessor has the Article 32. If a land user fails to go through formalities for land registration in transferring, leasing and mortgaging land use right, his Article 33. Units and individuals who transfer, lease or mortgage land use right without approval shall be dealt with by land administrations Article 34. If an involved party does not agree with administrative punitive decisions by land administrations, it may bring a suit to the local Article 35. Land administrations of people’s governments above the county level should strengthen supervision over and examination of the transferring, Article 36. When land administrations are checking or examining the transferring, leasing or mortgaging of land use right, the units or individuals Article 37. In supervision and examination, land administrations may take the following measures: a. To check or copy documents or materials; b. To ask the units or individuals under supervision or examination to present or send documents and materials and other information c. To order the units or individuals to stop land-related acts underway that violate the law. Article 38. The expenses of land administrations in handling leasing of land use right are covered according to relevant State regulations. Article 39. Organizations other than economic entities engaged in transferring leasing or mortgaging land use right are handled in the light Article 40. Collaboration with others in building houses and running joint ventures with land use right as the condition is deemed as transfer Article 41. Land administrations of municipal or county people’s governments should organize task forces to check up on the unauthorized acts Article 42. The right to interpret these rules rests with the State Land Administration. Article 43. These rules come into force as of the date of promulgation.
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