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Article 1. In order to strengthen the administration of state-owned land assets, to optimize the allocation of land resources, and to regulate the act of agreement-based assignment of the right to use state-owned land, the present Provisions are hereby enacted in accordance with the Law of the People's Republic of China on Land Administration and the Implementation Rules for the Law of the People's Republic of China on Land Administration. Article 2. The present Provisions shall apply to the agreement-based assignment of the right to use state-owned land within the People's Republic of China. For the purpose of the present Provisions, the "agreement-based assignment of the right to use state-owned land" refers to that the state assigns, through agreement, to the land user the right to use state-owned land within a certain period, and the land user pays the assignment fee for the land use right to the state. Article 3. Only when the methods of bid invitation, auction or quotation are not required by the laws, regulations and rules, may the method of agreement be applied in the assignment of the right to use state-owned land. Article 4. The principles of openness, fairness, justice and good faith shall be observed in the agreement-based assignment of the right to use state-owned land. The assignment fee for agreement-based assignment of the right to use state-owned land may not be less than the minimum price set forth by the state. Article 5. The minimum price for assignment through agreement may not be less than the sum of the fee for compensated land use, the compensation for land acquisition (relocation), and the taxes payable pursuant to the provisions of the state for new construction site. In the areas with base land price, the minimum price for assignment through agreement may not be lower than 70% of the base land price at the grade of the land to be assigned. No state-owned land may be assigned at a price lower than the minimum price. Article 6. The administrative department of land and resources of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall study out the minimum price for assignment through agreement according to Article 5 hereof, report for approval to the people's governments at the corresponding levels and promulgate the price upon approval, and the administrative departments of land and resources of the people's governments of the cities and counties shall organize the implementation thereof. Article 7. The administrative departments of land and resources of the people's government of the cities and counties shall draw up plans on the agreement-based assignment of the right to use state-owned land in accordance with the plan on economic and social development, the industrial policies of the state, the master planning on land utilization, the annual plan on land utilization, the urban planning, and the land market status, and organize the implementation of the plan after reporting to and obtaining approval from the people's governments at the corresponding levels. After the plan on the agreement-based assignment of the right to use state-owned land has been approved, the administrative departments of land and resources of the people's government of the cities and counties shall promulgate that plan at the designated places, such as the tangible land market, or through the media, such as newspaper and the Internet. Where the plan on the agreement-based assignment of the right to use state-owned land needs to be adjusted due to special reasons, the adjustment shall be reported for approval to the organ that approved the plan and be promulgated in good time pursuant to the preceding paragraph. The plan on agreement-based assignment of the right to use state-owned land shall include the total quantity of the land supplied, the acreage and section of the land supplied for different purposes of use, and the time of supply. Article 8. After the plan on agreement-based assignment of the right to use state-owned land is promulgated, the entities and individuals needing to use the land may, pursuant to the promulgated plan, file an application for intended land use to the administrative departments of land and resources of the people's government of the cities and counties within the time limit promulgated by those administrative departments. The time for acceptance of applications promulgated by the administrative departments of land and resources of the people¡¯s government of the cities and counties may not be less than 30 days. Article 9. Only when there is only one intended land user on one land plot on a promulgated land section, may the administrative department of land and resources of the people¡¯s government of the city or county apply the method of agreement in the assignment; with the exception of the land used for business, tourism, entertainment, and commodity residence. When there are two or more intended users on the same land plot, the administrative department of land and resources of the people¡¯s government of the city or county shall apply the method of bid invitation, auction, or quotation in the assignment pursuant to the Provisions on the Assignment of the Right to Use State-Owned Land through Bid Invitation, Action and Quotation. Article 10. Where the conditions for assignment through agreement are met, the administrative department of land and resources of the people¡¯s government of the city or county shall, in conjunction with the relevant departments of urban planning etc, formulate the scheme on assignment of land through agreement pursuant to the plan on agreement-based assignment of the right to use state-owned land, the urban planning, and the types and scales of the land use projects applied for by the intended land users. The scheme on agreement-based assignment of land shall include the specific location, boundaries, purpose of use, area, period, land use conditions, planning and design conditions, time of land supply, of the land plots to be assigned. Article 11. The administrative department of land and resources of the people¡¯s government of city or county shall, in accordance with the Procedures for Land Price Evaluation of Cities and Towns, evaluate the land price of the land plots to be assigned according to the industrial policies of the state and the status of the land plots to be assigned, and rationally determine the base price for agreement-based assignment upon collective decision by the administrative department of land and resources of the people¡¯s government of the city or county. The base price for agreement-based assignment may not be lower than the minimum price for assignment through agreement. The base price for agreement-based assignment shall be kept confidential after being determined, and no entity or individual may disclose it. Article 12. After the scheme on agreement-based assignment of land and the base price have been approved by the competent people¡¯s government, the administrative department of land and resources of the people¡¯s government of the city or county shall discuss fully with the intended land users in respect of the price for land assignment, and only when mutual consent is obtained through the negotiation and the agreed assignment price is no lower than the base price, may an agreement be reached. Article 13. The administrative department of land and resources of the people¡¯s government of city or county shall sign the "Transfer of Right of Use of State-owned Land Contract" with intended land users according to the results of the agreement. Article 14. Within 7 days from the conclusion of the Contract on Assignment of the Right to Use State-Owned Land, the administrative department of land and resources of the people¡¯s government of the city or county shall make known to the public the assignment result at the designated places, such as the tangible land market, or through the media, such as newspaper and the Internet, and accept the supervision by the public. The time of promulgation of the result of the assignment through agreement shall be no less than 15 days. Article 15. A land user will obtain the right to use state-owned land after paying off the assignment fee and making the land registration according to law in accordance with the stipulations of the Contract on Assignment of the Right to Use State-Owned Land. Article 16. Where a land user that has obtained the right to use state-owned land through agreement-based assignment needs to change the purpose of land use stipulated in the assignment contract to business purposes, such as commerce, tourism, entertainment and commodity residence, that user shall obtain the consent of the assigner and the department of urban planning of the people¡¯s government of the city or county, conclude the agreement on alteration of the contract on assignment of land use right or conclude a new contract on assignment of land use right, make up the corresponding assignment fee for land use right at the price on the land market at the time of alteration according to the changed purpose of land use, and make the alteration registration of land use right according to law. Article 17. Where any of the following acts is committed in violation of the present Provisions, the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions according to law: (1) Failing to promulgate the scheme on agreement-based assignment of the right to use state-owned land or the result of the assignment through agreement in accordance with the provisions; (2) Deciding the base price for assignment without collective decision; (3) Disclosing the base price for assignment; (4) Assigning the right to use state-owned land at a price lower than the minimum price for assignment through agreement; or (5) Reducing or exempting the assignment fee for the right to use state-owned land. Where any party violates the relevant provisions of the preceding paragraph and the circumstances are serious and a crime is constituted, the criminal liabilities shall be investigated according to law. Article 18. Where any functionary of the administrative department of land and resources neglects the duties, abuses the powers, or seeks private benefits through wrongful means in the activities of agreement-based assignment of the right to use state-owned land, that functionary shall be given administrative sanctions; and the criminal liabilities shall be investigated for according to law if a crime is constituted. Article 19. Lease of the right to use state-owned land through agreement shall be carried out by reference with the present Provisions. Article 20. The present Provisions shall be implemented as of August 1, 2003. The Measures for Determination of the Minimum Price for Agreement-based Assignment of the Right to Use State-Owned Land promulgated by the former State Administration of Land on June 28, 1995 shall be abolished at the same time. |
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