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Article 1. This Rule is hereby formulated in accordance with the relevant regulations stipulated in "Law of the People's Republic of China on the Management of Urban Real Estates" to strengthen macro government regulation, control and management of the transfer of the use rights of State-land, ensure the income of State-owned land assets, and promote the healthy development of the land market. Article 2. The minimum prices for the use rights of State-owned land transferred through agreements referred to in this Rule (hereinafter referred to minimum prices for agreed transfer) are the bottom standards on transfer fees fixed by people's governments at a higher level to exercise macro regulation, control and management of land markets and prevent the agreed transfer of State-owned land use rights at law prices. Article 3. Determination of minimum prices for agreed transfer of the use rights of State-owned land in areas covered by urban development programs shall follow stipulations in this Rule. Article 4. The minimum prices for agreed transfer shall be determined by the land management departments under people's governments at the provincial, autonomous regional and municipal level together with other departments and put into implementation by land management departments under people's governments at the county level after approval by people's governments at the provincial, autonomous regional and municipal level. Article 5. The minimum prices for agreed transfer shall be determined in proportion to the base prices of land for different uses (commercial, residential, and industrial) and in different grades. Specific proportions shall be worked out by provinces, autonomous regions, and municipalities. The specific proportions in cities where the people's governments of municipalities, cities separately listed in the State budget, provinces, and autonomous regions are located shall, however, be reported to the State Land Administration for verification and approval. Base land prices shall be determined in accordance with Procedures for Price Estimation of Urban Land. If base land prices are readjusted, minimum prices for agreed transfers shall be readjusted accordingly. Article 6. Different minimum prices for agreed transfer may be determined for land used for industries and projects whose development enjoys key support or encouragement from the State in line with the classification of industries or projects. Article 7. Basic factors including compensations for removal and resettlement, land development costs, bank interests, and net land incomes shall be taken into comprehensive consideration when minimum prices for agreed transfer are determined. Article 8. Land management departments of people's governments at the provincial, autonomous regional and municipal level shall report the minimum prices for agreed transfer they have determined to the State Land Administration for registration before they are put into implementation. The State Land Administration shall order the re- determination of determined minimum prices for agreed transfer if they do not conform with stipulations in Article 7 of this Rule. Article 9. The fees for the transfer of the use rights of State-owned through agreements shall not be smaller than minimum prices for agreed transfer. Article 10. Land management departments under people's governments at the city and county level shall make public the fees for the transfer of the use rights of State-owned land after conclusion of transfer contracts, if the use rights are transferred through agreements. Article 11. Implementation of minimum prices for agreed transfer shall be subject to supervision and inspection by land management departments under people's governments that determine and approve these prices. If the fees for the transfer of the use rights of State-owned land through agreements are smaller than the minimum prices for agreed transfer, land management departments under people's governments responsible for supervision and inspection shall order their correction with prescribed periods of time. Contracts on land use right transfer shall be invalid if no corrections are made within the prescribed periods of time. Losses recurred shall be sustained by the transferors, and responsible persons shall be administratively disciplined by their units or units at a higher level according to the seriousness of their cases. Article 12. The State Land Administration shall be responsible for the explanation of this Rule. Article 13. This Rule shall come into force on the date of their promulgation. |
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