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TABLE OF CONTENTS CHAPTER I SCOPE OF APPLICATION CHAPTER II QUOTED STANDARDS AND DOCUMENTS CHAPTER III BASIS CHPATER IV GENERAL PROVISIONS CHAPTER V AGREEMENT-BASED ASSIGNMENT IN THE LINK OF LAND SUPPLY CHAPTER VI APPLICATION OF A USER OF ALLOCATED OR LEASED LAND FOR AGREEMENT-BASED ASSIGNMENT CHAPTER VII AGREEMENT-BASED ASSIGNMENT OF THE USE RIGHT OF ALLOCATED LAND CHAPTER VIII PROCESSING OF THE REQUIREMENTS FOR LAND USE In order to improve the assignment system of state-owned land use right, regulate the agreement-based assignment of state-owned land use right, uniform the relevant procedures and standards, intensify the administration of state-owned land assets and promote the construction of the land market, the present Regulation are formulated according to the Law of the People's Republic of China on Land Administration, the Law of the People's Republic of China on the Administration of Urban Real Estate, the Interim Regulation of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Right, and the Provisions on the Agreement-based Assignment of State-owned Land Use Right. The present Regulation have been formulated and put under charge of the Ministry of Land and Resources. The power to interpret the present Regulation shall remain with the Ministry of Land and Resources. CHAPTER I SCOPE OF APPLICATION The agreement-based assignment of state-owned land use right within the People's Republic of China shall be governed by the present Regulation. The agreement-based lease and assignment of state-owned land use right shall be conducted by referring to the present Regulation. CHAPTER II QUOTED STANDARDS AND DOCUMENTS The clauses included by the following standards and documents form an integral part of the articles of the present Regulation due to their quotation. All the versions included herein shall take effect upon promulgation of the present Regulation. All the parties that apply the present Regulation shall use the latest versions of the following standards and documents. GB/T 18508-2001 Rules on the Urban Land Evaluation Model Text of "Contract on the Assignment of State-owned Land Use Right" (No. 303 [2000] of the Ministry of Land and Resources) Classification of the National Land (No. 255 [2001] of the Ministry of Land and Resources) Controlling Indicators of the Land Used for Industrial Construction Projects (No. 232 [2004] of the Ministry of Land and Resources) CHAPTER III BASIS (1) The Law of the People's Republic of China on Land Administration (2) The Law of the People's Republic of China on the Administration of Urban Real Estate (3) The Law of the People's Republic of China on City Planning (4) The Law of the People's Republic of China on Administrative Licensing (5) The Contract Law of the People's Republic of China (6) The Interim Regulation of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Right (7) The Program of Establishing and Improving a System of Punishing and Preventing the Corruption by Paying Equal Attention to Education, Bylaws and Supervision (No. 3 [2005]) (8) Order No. 15 of the State Council on Intensifying the Administration of State-owned Assets (No. 15 [2001] of the State Council) (9) Decision of the State Council on Furthering Reform and Rigidifying Land Administration (No. 28 [2004] of the State Council) (10) Provisions on the Agreement-based Assignment of State-owned Land Use Right (Order No. 21 of the Ministry of Land and Resources) CHPATER IV GENERAL PROVISIONS 4.1 Concept of Agreement-based Assignment of State-owned Land Use Right The term "agreement-based assignment of state-owned land use right" herein refers to an act whereby the administrative department of land and resources at the municipal or county level assigns state-owned land use right to land users for a certain period of time, and the land users shall pay fees for the assignment of state-owned land use right. 4.2 Principles of Agreement-based Assignment of State-owned Land Use Right (1) Being open, fair and impartial; and (2) Being creditworthy. 4.3 The Scope of Agreement-based Assignment of State-owned Land Use Right The circumstances are as follows where an assignment of state-owned land use right may be conducted by concluding an agreement unless it is prescribed by any law, regulation or rule that the means of bid tendering, auction or hanging out a shingle shall be adopted: (1) Where any land other than the operational land used for commerce, tourism, entertainment and commercial residence, and if there is only one intended land user after a plan of land supply is announced; (2) Where an original user of any allotted or leased land applies for agreement-based assignment, it may, upon obtaining an approval according to law, adopt the means of concluding an agreement, unless it is explicitly prescribed in the Decision on the Allocation of State-owned Land, the Contract on the Lease of State-owned Land, or any law, provision or administrative regulation that the land use right shall be reclaimed for new public assignment; (3) Where an application for agreement-based assignment is filed for assigning the use right of allocated land, the means of concluding an agreement may be adopted after an approval is obtained according to law, unless it is explicitly prescribed in the Decision on the Allocation of State-owned Land, the Contract on the Lease of State-owned Land, any law, provision or administrative regulation that the land use right shall be reclaimed for new public assignment; (4) Where a user of any assigned land applies for renewal of the land use right and if the application is approved upon examination, the means of concluding an agreement may be adopted; and (5) Under any other circumstance where it is explicitly prescribed in any law, regulation or administrative provision that an agreement-based assignment may be conducted. 4.4 Administration of the Organizations that Undertake the Agreement-based Assignment of State-owned Land Use Right The agreement-based assignment of state-owned land use right shall be organized and implemented by the administrative department of land and resources at the municipal or county level. The method of collective decision-making shall be adopted for the assignment of state-owned land use right. The administrative department of land and resources at the municipal or county level may, according to the real situation, establish an organ in charge of the coordination and decision-making of the assignment of state-owned land use right so as to take charge of coordinating and handling the relevant problems arising in the process of assignment and determine the relevant matters in a collective manner. 4.5 Ruling on a Dispute over the Price of Agreement-based Assignment As to any land that is exclusively used for business infrastructure or mining, a ruling system for any dispute over the price of agreement-based assignment shall be established. In the process of agreement-based assignment of any land under the aforesaid category and if an intended user fails to reach a consensus with the assigner in terms of the assigning price because the intended user deems that the assigning price set forth by the assignor is obviously higher than the market price of land, it may apply to the administrative department of land and resources at the next higher level over the assignor for a ruling on its dispute over the assigning price. 4.6 Local Supplementary Provisions A region may make supplementary provisions or detailed rules for the implementation of the present Regulation and report them to the administrative department of land and resources at the next higher level for archival filing. CHAPTER V AGREEMENT-BASED ASSIGNMENT IN THE LINK OF LAND SUPPLY 5.1 The General Procedures for Agreement-based Assignment of State-owned Land Use Right in the Link of Land Supply (1) Publicizing information on assignment, accepting an application for land use and determining the way of land supply; (2) Formulating a plan of agreement-based assignment; (3) Evaluating the land price and determining the base price; (4) Reporting for approval a plan of agreement-based assignment and the base price; (5) Negotiating and concluding a Letter of Intent; (6) Publication; (7) Concluding an agreement on assignment and publicizing the result of assignment; (8) Verifying an Approval for Construction Land and Delivering the land; (9) Delivering the land for land registration. 5.2 Publication of the Information on Assignment, Accepting an Application for Land Use and Determining the Way of Land Supply 5.2.1 The administrative department of land and resources at the municipal or county level shall publicize to the general public an approved assignment plan of state-owned land use right, a region with mature conditions may, according to the progress of land supply, detail the assignment plan of state-owned land use right by stages to the specific location and plots and publicize the relevant information to the general public in a timely manner. The information on an assignment plan of state-owned land use right as well as the detailed location and plots shall be publicized through www.landchina.com at the same time. 5.2.2 The administrative department of land and resources at the municipal or county level shall publicize the information on an assignment plan and detailed location and plots of state-owned land use right, and shall at the same time clarify the way and method for one to apply for land use, and publicly accept applications for land use. 5.2.3 An entity or individual that requests for land use (hereinafter referred to an intended land user) shall, according to an assignment plan of state-owned land use right and the information on detailed location and plots that have been publicized as well as based on the demand of self-use land, file an application for land use with the administrative department of land and resources at the municipal or county level. 5.2.4 Within the prescribed time limit, in case only one intended user applies for a plot, the administrative department of land and resources at the municipal or county level may adopt the means of agreement-based assignment, except for the operational land used for commerce, tourism, entertainment and commercial residence. Where it cannot be determined whether a land falls within the scope of agreement-based assignment or not, it may be determined by the organ in charge of the coordination and decision-making of agreement-based assignment of state-owned land use right. 5.3 Formulating a Plan of Agreement-based Assignment The administrative department of land and resources at the municipal or county level shall, in collaboration with departments such as planning and according to its assignment plan of state-owned land use right, urban planning and the type and scale of the land that an intended applicant has applied for, formulate an assignment plan of state-owned land use right. A plan of agreement-based assignment shall include: location of the to-be-assigned plot, boundary, purpose of use, area, age, requirements for land use, time of land supply and way of land supply, etc.. 5.4 Evaluating the Land Price and Determining the Base price 5.4.1 Evaluating the Land Price The administrative department of land and resources at the municipal or county level shall, based on the status of the to-be-assigned plot and according to the Rules on the Urban Land Price Evaluation, organize an evaluation on the normal market price of the to-be-assigned plot. The land price evaluation shall be conducted by the administrative department of land and resources at the municipal or county level or by the affiliated public institutions thereunder or may, according to the actual requirements, be entrusted to the evaluation organ of land or real estate with the qualification of land evaluation. 5.4.2 Determination of the Base Price The administrative department of land and resources at the municipal or county level or the organ in charge of the coordination and decision-making of state-owned land use right shall, according to the result of land evaluation, industrial policies and the land market, make a collective decision so as to determine the base price of agreement-based assignment. The base price of agreement-based assignment shall not be any lower than the minimum price of agreement-based assignment within the region where the plot is located. Any base price of assignment shall, once determined, be kept confidential before an assignment is concluded and no entity or individual may divulge it. 5.5 Report of Plan of Agreement-based Assignment and the Base price for Approval The administrative department of land and resources at the municipal or county level shall, according to the relevant provisions, report the plan of agreement-based assignment and the base price to the competent people's government for approval. 5.6 Negotiation and Conclusion of Letter of Intent The administrative department of land and resources at the municipal or county level shall, according to the approved plan of agreement-based assignment and the base price, conduct negotiations with the intended land user on the price of land assignment. In the process of negotiations, the negotiation representatives of the administrative department of land and resources shall be no fewer than 2 persons. Upon the consensus of both parties concerned through negotiation, if it is agreed that the assigning price shall be no lower than the base price, the administrative department of land and resources at the municipal or county level shall conclude with the intended land user a Letter of Intent on the Assignment of State-owned Land Use Right. 5.7 Publication 5.7.1 After a Letter of Intent on the Assignment of State-owned Land Use Right is concluded, the administrative department of land and resources at the municipal or county level shall publicize contents such as the location, purpose of use, area, term for assignment, requirements for land use, intended land users and the drafted price of assignment in designated places such as the local land market as well as on the website www.landchina.com, wherein the method and way of feeding back opinions shall be indicated. The publication shall be held for no fewer than 5 days. 5.7.2 During the period of publication, in the case of any demurral and if the administrative department of land and resources at the municipal or county level does find any violation of the relevant laws and regulations in the process of examination, the procedures for agreement-based assignment shall be terminated. 5.8 Conclusion of Contract on Assignment and Publication of Assignment Results Upon expiration of the publication period, in the case of no demurral or in the case of any demurral yet if the administrative department of land and resources at the municipal or county level does not find any violation of any law or regulation in the process of examination, the administrative department of land and resources at the municipal or county level shall, according to the stipulations of the Letter of Intent on the Assignment of State-owned Land Use Right, conclude with the intended land user a Contract on the Assignment of State-owned Land Use Right. Within 7 days as of the day when a Contract on the Assignment of State-owned Land Use Right is concluded, the administrative department of land and resources at the municipal or county level shall publicize the results of agreement-based assignment to the general public on the website www.landchina.com as well as in designated places such as the tangible land market so as to accept social supervision. The assignment results to be publicized shall include the location of land, area, purpose of use, development, grade of land, capacity, term for assignment, way of supply, assignee, trading price and trading time. 5.9 Verification and Issuance of an Approval for Construction Land and Land Delivery The administrative department of land and resources at the municipal or county level shall verify and issue an Approval for Construction Land and deliver the land to the relevant assignee according to the schedule and term stipulated in the Contract on the Assignment of State-owned Land Use Right and the Approval for Construction Land. 5.10 Handling of Land Registration An assignee shall, according to the stipulation of the Contract on the Assignment of State-owned Land Use Right, apply for handling the formalities for land registration, collect the License for State-owned Land Use so as to obtain the land use right. 5.11 Archival Filing of Materials After all the formalities for agreement-based assignment are concluded, the administrative department of land and resources at the municipal or county level shall, according to the relevant provisions, straighten out and put on archives the relevant materials and documents in links such as the publication of assignment information, application for land use, examination and approval, negotiation, publicity and conclusion of agreement in the process of land assignment. The materials of land assignment that shall be put on archives include: (1) Application materials for land use; (2) Conditions of the land plot and the requirements of the planning indicators for the land plot; (3) Report on Land evaluation; (4) The base price of land assignment as well as records of collective decision-making; (5) Plan of agreement-based assignment; (6) Reply to a plan of assignment; (7) Notes of negotiations; (8) Letter of Intent on Agreement-based Assignment; (9) Publication materials of agreement-based assignment; (10) Contract on the Assignment of State-owned Land Use Right; (11) Materials of Announcement on the Results of Agreement-based Assignment; (12) Verification and Issuance of Approval for Construction Land as well as the relevant materials of land delivery; and (13) Other materials that shall be put on archives. CHAPTER VI APPLICATION OF A USER OF ALLOCATED OR LEASED LAND FOR AGREEMENT-BASED ASSIGNMENT 6.1 Where an original user of any allocated or leased land applies for agreement-based assignment, it shall be handled according to the following circumstances: (1) Where requirements for land use such as the purpose of land use are not required to be altered and if the requirements for planning are satisfied, it shall be reported to the people's government at the municipal or county level for approval and may be settled by means of agreement-based assignment; (2) Where 7 requirements for use such as the purpose of land use can be altered upon approval of the administrative department of planning, the relevant formalities for agreement-based assignment may be handled upon approval of the people's government at the municipal or county level for approval, unless it is explicitly prescribed in the Decision on the Allocation of State-owned Land, the Contract on the Lease of State-owned Land, any relevant law, regulation or administrative regulation that the use right of allocated land shall be reclaimed for new public assignment. 6.2 Application and Acceptance 6.2.1 Where the original user of any allocated or leased land applies for handling the formalities for assignment, it or he shall apply with the administrative department of land and resources at the municipal or county level upon the strength of the relevant materials: (1) An Application; (2) A License for State-owned Land Use, a Decision on the Allocation of State-owned Land or a Contract on the Lease of State-owned Land; (3) Certification of the property right of above-ground buildings, architectures as well as other fixtures; (4) Effective identity certification documents of the original user to the land use right; (5) Approval documents on the alteration of the purpose of land use that shall be submitted to the administrative department of planning; and (6) Any other relevant material explicitly prescribed by any law, regulation or administrative regulation to be submitted. 6.2.2 After the administrative department of land and resources at the municipal or county level accepts an application, it shall make a preliminary examination on the application materials and decide whether to accept it or not. 6.3 Examination and Determination of a Plan of Agreement-based Assignment 6.3.1 Examination After the administrative department of land and resources at the municipal or county level accepts an application, it shall conduct an examination on the application materials according to the relevant provisions, and consult the opinions of the administrative department of planning regarding the purpose of use of the plot. Where, upon examination, an application for plot use complies with the planning and satisfies the requirements for handling the formalities for agreement-based assignment, the administrative department of land and resources at the municipal or county level shall organize a land price evaluation, decide the sum of land assignment and draft a plan of agreement-based assignment. 6.3.2 Land Price Evaluation The administrative department of land and resources at the municipal or county level shall organize an evaluation on the market price of assignment of the applied plot as well as the price of rights and interests of the use right of allocated land or the market price of the use right of the leased land, the day of evaluation shall be taken as the time of assignment. Where requirements for land use such as the purpose of land use are altered, the assigning price of the land use right shall be evaluated according to the new terms on land utilization. 6.3.3 Verification of the Assignment Sum as well as Drafting of the Assignment Plan The administrative department of land and resources at the municipal or county level or the organ in charge of coordination and decision-making of state-owned land use right shall, according to the result of land price evaluation, industrial policies and the current land market, make a collective decision, determine the sum of agreement-based assignment of land in a collective manner and draft a plan of agreement-based assignment. 6.3.3.1 An applicant shall pay the price of agreement-based assignment of the land use right according to the following formulas: (1) Where requirements for land use such as the purpose of use have not been changed Payable Sum for the Assignment of Land Use Right = Market Price of Assignment of the Use Right of the to-be-assigned Land ¨C Price of Rights and Interests of the Use Right of Allocated Land or the Market Price of the Use Right of Leased Land (2) Where requirements for land use such as the purpose of use have changed Payable Sum for the Assignment of Land Use Right = Market Price for Assignment of the Use Right of the to-be-assigned Land on the New Terms of Requirements for Land Use - Price of Rights and Interests of the Use Right of Allocated Land or the Market Price of the Use Right of Leased Land on the Original Terms of Requirements for Land Use 6.3.3.2 A plan of agreement-based assignment shall include: the location, boundary, purpose of use, area, term, time of assignment as well as the payable sum for the assignment of the plot subject to the handling of formalities for assignment. 6.4 Report of Assignment Plan for Approval The administrative department of land and resources at the municipal or county level shall, according to the relevant provisions, report a plan of agreement-based assignment to the people's government at the municipal or county level for examination and approval. 6.5 Conclusion of Assignment Contract and Publication of Assignment Results After the people's government at the municipal or county level grants approval to a plan of agreement-based assignment, the relevant administrative department of land and resources shall, according to the approved plan, withdraw the Decision on the Allocation of State-owned Land from the land user or rescind the relevant Contract on the Lease of State-owned Land, write off the registration of land, withdraw the original land certificate and conclude with the applicant a Contract on the Assignment of State-owned Land Use Right. After a Contract on the Assignment of State-owned Land Use Right is concluded, the administrative department of land and resources at the municipal or county level shall publicize the results of assignment according to Provisions 5.8. 6.6 Handling of Land Registration according to Provisions 5.10 6.7 Archival Filing of Materials After all the formalities for agreement-based assignment are concluded, the relevant bureau of land and resources at the municipal or county level shall sort out the relevant materials and documents in links such as the application for land use, examination and approval and conclusion of contract in the process of land assignment and put them on archives according to the relevant provisions. The materials of land assignment that shall be put on archrivals include: (1) Application materials of an applicant; (2) Land conditions as well as the relevant materials; (3) Materials of land price evaluation; (4) Confirmation materials of the sum of assignment; (5) Plan of agreement-based assignment; (6) Reply to the assignment plan; (7) Contract on the Assignment of State-owned Land Use Right; (8) Announcement materials of agreement-based assignment; and (9) Other materials that shall be put on archives. CHAPTER VII AGREEMENT-BASED ASSIGNMENT OF THE USE RIGHT OF ALLOCATED LAND 7.1 As to an application for the transfer of the use right of allocated land, it shall be subject to the approval of the people's government at the municipal or county level and the relevant assignee may, upon obtaining approval, conduct an agreement-based assignment, unless it is explicitly prescribed in the Decision on the Allocation of State-owned Land, or any law, regulation or administrative regulation that the use right of allocated land shall be recalled for new public assignment. 7.2 Application and Acceptance 7.2.1 An original land user shall, upon the strength of the following relevant materials, file an application with the administrative department of land and resources at the municipal or county level for transfer of the use right of allocated land: (1) An Application; (2) Certificate of State-owned Land Use Right and Decision on the Allocation of State-owned Land; (3) Certification on the property rights of above-ground buildings, architectures as well as other fixtures; (4) Effective identity certification documents of the original land user; (5) Written opinions of co-owners, in case any real estate is co-owned; and (6) Any other relevant material explicitly prescribed by any law, provision or administrative regulation to be submitted. 7.2.2 The administrative department of land and resources at the municipal or county level shall, after receiving an application, conduct a preliminary examination on the application materials that an applicant has submitted and decide whether to accept it. 7.3 Examination and Determination of a plan of agreement-based assignment 7.3.1 Examination The administrative department of land and resources at the municipal or county level shall, after accepting an application, conduct an examination on the application materials submitted by the applicant according to the relevant provisions and consult the opinions of the administrative department of planning with regard to the purpose of use of the applied land. Where, upon examination, the purpose of use of the applied land satisfies the planning as well as the requirements for handling the formalities for agreement-based assignment, the administrative department of land and resources at the municipal or county level shall organize an evaluation of the land price, determine the payable price for land assignment, and work out a plan of agreement-based assignment. 7.3.2 Land Price Evaluation The administrative department of land and resources at the municipal or county level shall, organize an evaluation on the market price of the use right of the land under application for assignment as well as the price of rights and interests of the use right of allocated land, the day of price evaluation shall be the date of assignment. 7.3.3 Verification of the Sum of Assignment and Drafting of an Assignment Plan The administrative department of land and resources at the municipal or county level or the organ in charge of the coordination and decision-making of assignment of state-owned land use right shall, according to the result of land price evaluation, industrial policies and the current land market, make a collective decision, and decide the price for assignment on the land use right in handling the formalities for assignment in a comprehensive manner and draft a plan of agreement-based assignment as well. 7.3.3.1 The due sum for assignment on the land use right shall be verified according to the following formulas: (1) Where requirements for land use such as the purpose of use have not been changed upon transfer: Payable Price for the Assignment of the Land Use Right = Market Price of Assignment of the Land Use Right - Price of rights and Interests of the Allocated Land Use Right Subject to Assignment (2) Where requirements for land use such as the purpose of use have not been changed upon transfer: Payable Price for the Assignment of the Land Use Right = Market Price of Assignment of the Land Use Right on New Terms of Land Use - Price of rights and Interests of the Use Right of Allocated Land Subject to Assignment on the Original Terms of Land Use 7.3.3.2 A plan of agreement-based assignment shall include: the location, boundary, purpose of use, area, term, requirements for land use, time of assignment and the payable price for assignment, etc.. 7.4 Report of Assignment Plan for Approval The administrative department of land and resources at the municipal or county level shall, according to the relevant provisions, report a plan of assignment to the people's government at the municipal or county level for examination and approval. 7.5 Public Trading After the plan of agreement-based assignment is approved, the administrative department of land and resources at the municipal or county level shall send to the relevant applicant a Notice on Approval for Transfer of the Use right of the Allocated Land. Such contents shall be indicated in a Notice on Approval for Transfer of the Use right of Allocated Land as the subject matter whose transfer has been approved, the original land user, the requirements for assignee, the rights and obligations of the assignee as well as the payable price for land assignment, etc. An applicant that has obtained a Notice on Approval for Transfer of the Use right of Allocated Land shall publicly trade the use right of the to-be-transferred land in the tangible land market so as to determine the assignee and trading price. 7.6 Conclusion of Assignment Contract and Publication of Assignment Results After the transferee and trading price have been determined through public trading, the transferor shall conclude a transfer contract with the transferee, stipulating the rights and obligations of both parties concerned and clarify the transfer price of the use right of the allocated land. An transferee shall, within 10 days as of the day when the deal is done, apply with the administrative department of land and resources at the municipal or county level for handling the formalities for land assignment upon the strength of its transfer contract, License for the Use of State-owned Land, Notice on Approval for Assignment of the Use Right of Allocate Land as well as the identity certification materials of the transferor and transferee. The administrative department of land and resources at the municipal or county level shall, according to an approved plan of agreement-based assignment and the progress of public trading, take back the Decision on Allocation of State-owned Land from the original land user, write off the land registration, withdraw the original land certificate and conclude with the relevant transferee a Contract on the Assignment of State-owned Land Use Right. The administrative department of land and resources at the municipal or county level shall publicize the results of agreement-based assignment according to Provisions 5.8. 7.7 Handling of Land Registration It shall be handled according to Provisions 5.5. 7.8 Archival Filing of Materials Where the formalities for assignment are concluded, the administrative department of land and resources at the municipal or county level shall sort out the relevant materials and documents in all links as the application for land use, examination and approval, trading, conclusion of contract, etc. in the process of assignment, and put them on archives according to the relevant provisions. The materials of land assignment that shall be put on archives include: (1) Application materials of the applicant; (2) Land conditions as well as the relevant materials; (3) Materials of land price evaluation; (4) Confirmation materials of assignment sum; (5) Plan of agreement-based assignment; (6) Reply to the assignment plan; (7) Relevant materials such as Notice on Approval for the Assignment of the Use Right of Allocated Land; (8) Such materials of public trading as well as transfer contract; (9)Materials such as the Contract on the Assignment of State-owned Land Use Right; (10) Materials of announcement on agreement-based assignment; and (11) Any other material that shall be put on archives. CHAPTER VIII PROCESSING OF THE REQUIREMENTS FOR LAND USE In the case of an application for changing land use requirements such as the purpose of land use, the original land user may, upon approval of the assignor and the administrative department of planning, conclude with the administrative department of land and resources at the municipal or county level an Agreement on the Alteration of the Contract on the Assignment of State-owned Land Use Right or re-conclude a Contract on the Assignment of State-owned Land Use Right, adjust the fees for the assignment of state-owned land use right, unless it is explicitly prescribed in the Contract on the Assignment of State-owned Land Use Right, or any law, provision or administrative regulation that the land use right shall be taken back for new public assignment. The original land user shall, according to the agreement on the alteration of the Contract on the Assignment of State-owned Land Use Right or the Contract on the Assignment of State-owned Land Use right re-concluded, make up the price for the assignment of land use right in a timely manner and handle the formalities for land registration according to the relevant provisions. Any adjustment on the assignment sum of state-owned land use right shall be determined in light of the market price of land when the alteration of requirements for land use regarding the purpose of land use is approved according to the following formulas: Supplementary Fees for Land Assignment £½ Market Price of the Land Use Right on New Terms of the Requirements for Land Use Upon Approval for Alteration - Market Price of the Land Use Right on the Original Terms of the Requirements for Land Use within the Remnant Term for Use Upon Approval for Alteration Attachments: 1. A Model Text Format for "Letter of Intent on the Assignment of State-owned Land Use Right" (omitted) 2. Model Text Format for "Notice on Approval for Transfer of the Use Right of the Allocated Land" (omitted) |
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