(Effective Date:1992.06.19–Ineffective Date:)
CONTENTS
CHAPTER I GENERAL PRINCIPLES CHAPTER II LAND LEASING CHAPTER III SUBLEASING OF LAND-USE RIGHTS CHAPTER IV RENTING OF LAND-USE RIGHTS
CHAPTER I GENERAL PRINCIPLES Article 1. These Procedures are formulated in accordance with the Provisional Regulations of the People’s Republic of China on the Leasing and Article 2. These Procedures apply to land owned by the whole people within the administrative areas of the city (hereinafter referred to as Article 3. All corporations, enterprises and other organizations and individuals in and out of the People’s Republic of China, except otherwise Article 4. Land-use rights acquired by the land users in accordance with these Procedures can be subleased, rented out, mortgaged or used for Article 5. The development, utilization and management of land by the lessees should be carried out in observance of State laws and regulations Article 6. The city land administration bureau (hereinafter referred to as city land bureau) is in charge of leasing and termination of land-use The land and estate offices of the districts and counties participate in various activities of land leasing and subleasing, and administer The city land bureau, and the district and county land administration offices exercise supervision and inspection of the leasing,
CHAPTER II LAND LEASING Article 7. Land leasing denotes a transference of land-use rights for a price and set term by the municipal people’s government in the capacity Article 8. The city land bureau, in joint efforts of the city planning bureau, estate bureau and other offices in charge of construction, shall Article 9. A land lease shall be effected through the signing of a contract. The contract shall be signed between the city land bureau and the lessee on the principle of equality, volunteering and non-gratuitousness. Article 10. The lease of a cultivated land of more than 1, 0 mu (15 mu to 1 hectare) or other land more than 2,000 mu is subject to approval Article 11. The city land bureau should provide the prospective lessees with the following information: 1. Location, boundaries, area, present ground condition and infrastructures of the land; 2. Topographic map of the land; 3. City planning requirements of the land including uses, construction density, volume rate and headroom limits; 4. Requirements for environmental protection, greening of the environment, sanitation and disease prevention, communications, anti-seismic 6. Standard forms of the lease contract; 7. Other rules and procedures for the land leasing. Article 12. The prospective lessee shall submit to the city land bureau the following papers for qualification examination: 1. Certificate of registered legal persons or identity papers; 2. Latest statement of assets and liabilities verified by the registered accountant and letter of credit standing issued by the financial 3. Credentials of a legal representative or certificate of entrustment. The aforesaid papers submitted by the prospective lessee from a foreign country (region) should be verified by a notary office of Prospective lessees from regions of Hong Kong, Macao and Taiwan can proceed with reference to above stipulations. Article 13. The longest terms of land lease are: 1. 70 years for land used for residences; 2. 50 years for land used for industries; 3. 50 years for land used for education, science and technology, culture, health and sports; 4. 40 years for land used for commerce, tourism and recreation; 5. 50 years for land used for comprehensive or other uses. Article 14. The leasing of land-use rights can be carried out through the following forms: 1. By agreement; 2. Public tender; 3. Auction. Article 15. Procedures for land leasing by agreement: 1. The prospective lessee shall submit an application for use of land to the city land bureau; 2. The city land bureau shall provide the prospective lessee with information and regulations concerning the land to be leased; 3. The prospective lessee shall submit to the city land bureau within a specified time documents on land development and construction 4. After reaching agreement through negotiation, the city land bureau and the lessee shall sign the lease contract and the lessee Article 16. Procedures for land leasing through public tender: 1. The city land bureau shall make public announcement on or invitation for the tender; 2. The prospective bidder shall go to a designated place to buy the rules on use of land, directions for bidding, the bid document, 3. The city land bureau shall be responsible for explanation of questions related to tenders; 4. The bidder shall pay the bid bond (bearing no interest) and put his sealed bid document in the tender box before the deadline for 5. The city land bureau shall invite relevant departments to form a tender appraisal committee which will be in charge of the opening, 6. After an appraisal of the effective bid documents, the city land bureau shall issue to the bid winner a certificate on his winning Land administration offices have the right to reject all the bid documents if they do not meet the basic conditions for bidding; 7. The bid winner, upon presenting the certificate on his winning the bid, shall sign the land lease contract with the city land bureau 8. After a full payment of the lease price as stipulated in the contract, the bid winner shall go to the city land bureau to register Article 17. Procedures for land leasing by auction: 1. The city land bureau shall make public announcement on land leasing by auction; 2. The city land bureau shall supply the bidders with the standard form of the land-use contract, rules on uses of the land and other 3. The city land bureau shall certify the qualifications of the bidders; 4. The city land bureau shall be responsible for explanation of questions related to the auction; 5. The city land bureau shall issue bidding placards to the bidders; 6. The city land bureau shall preside over the whole auction; the auctioneer shall strike the gong to accept the highest bid; the 7. The city land bureau and the lessee shall sign the lease contract on the spot and the lessee shall pay 20% of the lease price as 8. After a full payment of the lease price to the city land bureau as stipulated in the contract, the lessee shall go to land administration Article 18. The lessee shall pay up the lease price (the earnest money can be calculated as part of the lease price payment) within 60 days of Article 19. The city land bureau shall transfer the use-rights of the leased land according to stipulations of the contract. The city land bureau Article 20. The land user shall develop, utilize and manage the land in accordance with stipulations of the contract and requirements of city The city land bureau will withdraw the land-use rights from the land user without compensation should the latter fail to develop or Article 21. If the lessee wishes to change in the uses of the land stipulated in the contract, he shall seek approval by the city land bureau
CHAPTER III SUBLEASING OF LAND-USE RIGHTS Article 22. Subleasing of land-use rights denotes an act of further transference of land-use rights by a leaseholder to a sublessee, including The leaseholder in this case is referred to as sublessor and the party receiving the sublease is referred to as sublessee. Article 23. A land sublease shall be effected by signing a contract. Article 24. The rights and obligations specified in the land lease contract and registration document are transferred with the sublease. Article 25. The actual term of a sublease shall equal to the original lease term minus the years in which the land having been used by the sublessor. Article 26. Subleasing of land shall not be made under following conditions: 1. No investment has been made in the development and utilization 2. The user of allotted land has not made up the procedures for the leasing of the land and the payment of lease price in accordance 3. No certificates have been acquired according to law for the land-use rights and property rights to the buildings and other attached 4. Land-use rights and property rights to buildings and other attached installations on the ground are uncertain or in dispute; 5. The city people’s government deems it unsuitable for the land to be subleased. Article 27. Buildings and other attached installations on the ground are transferred with the sublease of the land or with the sublease of property Article 28. The owners of units in a building shall have a proportion of rights to the use of the land which can be subleased with a sublease Article 29. When the value of the land increases at the time of its sublease, the sublessor shall pay added value of the land according to stipulations Article 30. Procedures for land subleasing are: 1. The sublessor shall apply, with the legal lease contract, the land-use certificate and certificates of property rights to the buildings 2. The city estate bureau, acting in conjunction with the city land, finance, price and other offices concerned, shall then make a 3. The two parties to the sublease shall sign a contract on the sublease; 4. The two parties to the sublease shall, within 30 days of their signing the sublease contract, go to change the certificate of land-use The contracting parties can also entrust their proxies with legitimate letters of entrustment to complete the aforesaid procedures. Article 31. After a sublease of the land-use rights, a request for changes in the conditions and uses of land stipulated in the lease contract
CHAPTER IV RENTING OF LAND-USE RIGHTS Article 32. Renting of land-use rights denotes the renting out of land-use right with the buildings and other attached installations on the ground The use-rights to the land shall not be rented out in case no investment has been made in the development and utilization of the land Article 33. The renter and the tenant should sign a rental contract on the renting of land-use rights, which shall not contravene State laws After a renting out of the land-use rights, the renter shall continue to carry out the lease contract. Article 34. The renter shall register for the renting out of land-use rights and the buildings and other attached installations on the ground
CHAPTER V MORTGAGE OF LAND-USE RIGHTS Article 35. Land-use rights acquired through land leasing or subleasing can be mortgaged. Article 36. The buildings and other attached installations on the ground are mortgaged with a mortgage of the use-rights to the land they are The use-rights to that part of the land used by buildings and other attached installations on the ground is mortgaged with a mortgage Article 37. The mortgagor and the mortgagee shall sign a mortgage contract, which shall not contravene State laws and regulations and the land Article 38. The mortgage of land-use rights and buildings and other attached installations on the ground shall be registered according to regulations. Article 39. In case of the mortgagor failing to clear his debts due or declaring a dissolution or bankruptcy during the contract term, the mortgagee Article 41. Upon the termination of a mortgage due to debt clearance or for other reasons, the mortgage registration shall be cancelled according
CHAPTER VI TERMINATION OF LAND-USE RIGHTS Article 42. Land-use rights shall terminate with the expiry of the term for the use of the land as stipulated in the lease contract, or as a Article 43. At the expiry of land-use rights, the land-use rights and property rights to the buildings and other attached installations on the The lessee shall dismantle and move out the technical equipment and non-general use buildings in the time limit as stipulated in the Article 44. The land user can apply for an extension of the lease term upon its expiry. The application shall be made to the city land bureau Article 45. The city people’s government shall not withdraw the land-use right of the land user before the expiry of the lease term. In special Article 46. The amount of compensation for a withdrawal before the expiry of the set term of the land-use rights to the land user shall be assessed Article 47. With a negotiated agreement with the land user, an early withdrawal of land-use rights can be effected through giving the land user The city land bureau and the land user shall sign a new land lease contract for the exchange of land-use rights, and the land user Article 48. With an extermination of land and cessation of land-use rights, the land user’s rights and obligations thereon come to an end. Cancellation
CHAPTER VII ALLOTMENT OF LAND-USE RIGHTS Article 49. The allotment of land-use rights denotes an acquisition by the land users of land-use rights through various forms free of charge Article 50. Allotted land shall not be subleased, rented out or mortgaged except when the land user meets the requirements stipulated in Article In the case of arbitrary subleasing, renting and mortgaging of allotted land, the land users shall be subject to punishment of confiscation Article 51. Under the following conditions and with approval form the city land and estate bureaus, a land user can sublease, rent or mortgage 1. The land user is a corporation, enterprise or some other economic organization or an individual; 2. The land user possesses the certificate for the use of Stateowned land; 3. The land user possesses legal post_title deeds for the buildings and other attached installations on the ground; 4. The land user signs a land lease contract and pays up the lease price to the city land bureau according to stipulations of Chapter The authorized subleasing, renting or mortgaging of land acquired in accordance with the preceding paragraph shall be effected according Article 52. In the case when an user of allotted land ceases his use of the land owing to a removal, dissolution, cancellation, bankruptcy or Acting on the needs of city construction and development and city planning, the city people’s government can withdraw the use-right In the withdrawal of the use-right to an allotted land without compensation, the city people’s government shall make appropriate compensations
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 53. The land-use rights acquired by individuals in accordance with these Procedures can be inherited. The inheritor shall go to the city land bureau to register for a change of the post_title with the certificate of his right of inheritance. Article 54. The land user is obliged to pay taxes according to the tax law. Article 55. The Tianjin City Urban and Rural Construction Commission is responsible for explanations of these Procedures. Article 56. These Procedures will come into force as of the date of promulgation.
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