(Effective Date:1992.05.27–Ineffective Date:)
CHAPTER I GENERAL PRINCIPLES
CHAPTER II LEASING OF LAND-USE RIGHTS
CHAPTER III SUBLEASING OF LAND-USE RIGHTS
CHAPTER IV RENTING OF LAND-USE RIGHTS
CHAPTER V MORTGAGE OF LAND-USE RIGHTS
CHAPTER VI TERMINATION OF LAND-USE RIGHTS
CHAPTER VII APPROPRIATION OF LAND-USE RIGHTS
CHAPTER VIII SUPPLEMENTARY ARTICLES
CHAPTER I GENERAL PRINCIPLES Article 1. These procedures are formulated to help implement the Provisional Regulations of the People’s Republic of China on the Leasing and Article 2. The Regulations and these Procedures are effective with respect to the leasing and subleasing of urban State-owned land within the Urban State-owned land referred to in these Procedures denotes land owned by the whole people (hereinafter referred to as land) in Article 3. All enterprises, other organizations and individuals in and out of the People’s Republic of China, except otherwise regulated, can Article 4. Land-use right obtained by a user by law can be subleased, rented out or mortgaged or to be used for other economic activities within Article 5. The development, utilization and management of the land by the user should be carried out in observation of laws, regulations and Article 6. The City Land Administration Bureau exercises by law the supervision and inspection of the leasing, subleasing, renting out, mortgage The City Land Administration Bureau is in charge of leases of undeveloped land. The City Real Estate Administration Bureau is in charge
CHAPTER II LEASING OF LAND-USE RIGHTS Article 7. The locations, areas, usages, terms and other conditions of the tracts of land for lease are to be decided upon by the City Land Article 8. The lease of land-use rights should be effected by the signing of a land lease contract. The contract is to be signed by the City Article 9. The longest term of a land lease is to be determined in accordance with Article 12 of the Regulations which stipulates different Article 10. The leasing of land-use rights will take the form of reaching agreement, public tender or auction. Article 11. Procedures for land lease through agreement: 1. The lessor provides the prospective lessee with the materials and documents related to the tract of land for leases. 2. The prospective lessee, having acquired the materials, should, within the prescribed time, submit to the lessor documents concerning 3. The lessor should give a reply within 30 days of receiving the documents listed in the second paragraph of this article. 4. Having reached agreement through negotiation, the lessor and lessee will sign the lease contract, and the lessee should pay the 5. Having paid the earnest money, the lessee will register for land-use rights at the land administration bureau or the real estate Article 12. Procedures for land lease through public tender: 1. The lessor should send to the tenderers invitations for bids and documents and materials related to the lease tender three months 2. The bidder will deposit his sealed tender document in the designated tender box at the prescribed time and place. The tender document 3. The bidder will pay the tender bond for the amount, in the method, at the time and place as prescribed. The tender bond will be 4. The lessor, together with departments concerned, will invite experts to form a tender appraisal committee which will take charge Those tenders are invalid whose bidders are not qualified for bidding, or which do not meet the requirements of the tender document, The tender appraisal committee will examine and evaluate the effective tenders, decide on the winning tender and sign and issue the The city notary office should take part in the whole process of opening, appraising and awarding the tenders and issue a notarial 5. The winner of the tender, presenting the certificate of winning the tender, will sign the lease contract with the lessor, and pay 6. Having paid the lease price, the tender winner will register for the land-use rights and obtain the land-use certificate at the Article 13. Procedures for land lease by auction: 1. The lessor should, within three months before the designated date for auction, make public notice concerning the location and area 2. Bidders should, within three days before the opening of the auction, go to the land administration bureau or the real estate administration 3. During an auction, after the auctioneer announcing the base price, the bidder will hold up his placard and give his price. The 4. The winner of the bid should immediately sign the lease contract with the lessor and pay the earnest money. Failure to pay the 5. After paying the lease price at the price he has given at the auction, the lessee will register for land-use rights and get the The city notary office should take part in land lease auctions and issue a notarial document thereon. Article 14. The land administration bureau or the real estate administration bureau, in leasing land-use rights through agreement, public tender 1. Location, boundaries, area and land mark map of the land tract. 2. Planned uses of the land and planned limits for architectural volume, density and headroom. 3. Time limit for the completion of construction projects, necessary outlay of construction expenses and the lowest limit for areas 4. Requirement concerning environmental protection, greening of the environment, sanitation and disease prevention, communications 5. Conditions of public utility installations and construction plans or requirements for designing. 6. Conditions of ground surface of the tract. 7. The form in which the lease is realized and term of the lease. 8. Method of payment of the lease price and requirements. 9. The lessee’s obligations and relevant legal responsibilities. 10. Other necessary materials. Article 15. In the case of the lessee failing to pay in full the lease price as stipulated or the lessor failing to offer the land-use rights Article 16. The land user should develop, utilize and manage the leased land in accordance with stipulations in the contract and city planning For cases of failing to develop and utilize the land in the time limit and according to conditions stipulated in the contract, the Article 17. The lessee who finds it necessary to change the uses of land stipulated in the lease contract should, with approval from the land
CHAPTER III SUBLEASING OF LAND-USE RIGHTS Article 18. Subleasing of land-use rights should be effected by signing a sublease contract. In the case of no investment having been made for the development and utilization of the leased land in the time limit and conditions Article 19. When leased land is subleased, the right and obligations defined in the lease contract and the register document are thereby transferred, When the lessee transfers the property rights to buildings and other attached installations on the ground, the right to use the land Article 20. The valid term of the land sublease is as long as the remaining years stipulated in the lease contract after deducting the years Article 21. The sublease of land-use rights and property rights to buildings and other attached installations on the ground should be registered Article 22. After a sublease of the land-use rights, a change in the uses of the land stipulated in the land lease should be handled in accordance
CHAPTER IV RENTING OF LAND-USE RIGHTS Article 23. Renting of land-use rights should be effected by signing of a rental contract which shall not contravene laws, regulations, rules In the case of the lessor failing to put in investment for the development and utilization of the land in the time limit and conditions Article 24. After the renting out of his land-use rights, the lessor must continue to honor the land lease contract. Article 25. The lessor should register at the real estate administration bureau for his rental of land-use rights and the buildings and other
CHAPTER V MORTGAGE OF LAND-USE RIGHTS Article 26. The mortgagor and mortgagee should sign a mortgage contract for the mortgage of land-use rights which should not contravene laws, Article 27. Buildings and other attached installations on the ground are mortgaged with the mortgage of the land-use rights. The right to use the land occupied by buildings and other attached installations is mortgaged with the mortgage of the buildings and Article 28. The mortgage of land-use rights and buildings and other attached installations on the ground and the loss of mortgage because of Those who acquire land-use rights and property rights to the buildings and other attached installations on the ground as a result
CHAPTER VI TERMINATION OF LAND-USE RIGHTS Article 29. At the expiry of the land lease, the State will acquire without compensation the land-use rights and the property rights to the buildings Article 30. If the lessee requests an extension of the term of the land lease after its termination, he(she) should make the request within six
CHAPTER VII APPROPRIATION OF LAND-USE RIGHTS Article 31. The user of appropriated land can sublease, rent out or mortgage the land-use rights to his appropriated land and the property rights Article 32. For cases of arbitrary sublease, renting out and mortgage of land-use rights to appropriated land, the units and individuals involved
CHAPTER VIII SUPPLEMENTARY ARTICLES Article 33. In the case of legal inheritance of land-use rights, the inheritor should register at the Land Administration Bureau or the Real Article 34. The City Land Administration Bureau is responsible for explanation of concrete questions related to implementation of these Procedures Article 35. These Procedures will come into force on June 1, 1992.
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