Regulations
of Shenzhen Special Economic
|
Zone
on Assignment of Land-Use Right
|
(Originally
adopted at the Twenty-third Meeting of the Standing Committee of
the First Shenzhen
Municipal People's Congress on. June 18,
1994. As revised for the first time in accordance with the Decision
on Revising of Regulations of Shenzhen Special Economic Zone on
Assignment of Land-use
Right of the Second Meeting of the
Standing Committee of the Second Shenzhen Municipal People' s
Congress
on September 15, 1995. As revised for the second time
in accordance with the Decision on Revising of Regulations of
Shenzhen Special Economic Zone on Assignment of Land-use Right
of the Second Meeting of the Standing Committee of the Second
Shenzhen Municipal People' s Congress
on February 13, 1998.)
|
Chapter
I General Provisions
|
Article
1 In order to strengthen the
administration of assignment of land-use right of Shenzhen
Special Economic
Zone (hereinafter referred to as the
"Special Zone"), standardize the acts of assignment of
land-use right, make appropriate use of land resources and
protect the lawful rights and interests of the
parties
concerned, these regulations are hereby formulated in accordance
with the specific conditions
of the Special Zone.
|
Article
2 Transfer of land-use right in these
regulations refers to the acts that the Shenzhen Municipal
People's Government (hereinafter referred to as the "
Municipal Government") assigns the state-owned land-use
right to the land user for a certain number of years by means of
auction, invitation to bid or
reaching an agreement through
consultations while the land user pays the fees for assignment
of
land-use right to the Municipal Government. |
The
land user shall pay the fees for land development and municipal
accessory facilities to the
Municipal Government. |
The
fees for assignment of land-use right, land development and
municipal accessory facilities shall
be paid in lump-sum. |
Article
3 The Shenzhen Municipal Land
Administration Department (hereinafter referred to as the
"Land
Administration Department") is the department in
charge of the assignment of land-use right in the Special
Zone,
which assigns the land-use right in a uniform way and
administers the land assigned. Other
units shall not assign the
land-use right. |
The
contract of assignment of land-use right (hereinafter referred
to as the "Contract of Assignment")
shall be concluded
between the Land Administration Department and the land user. |
In the
case of conclusion or modification of the Contract of Assignment
with the Land Administration
Department, the land user must pay
the fees of land development and municipal accessory facilities
to the department. |
Article
4 These regulations shall be
applicable to the assignment of state-owned land-use right in
the Special
Zone. The underground natural resources and other
treasure trove belong to the state and shall be excluded from
the scope of assignment of land-use right. |
Collectively-owned
lands shall not be assigned unless having been requisitioned to
be state-owned
land according to law. |
Article
5 Any company, enterprise, other
organization and individual within or outside the People's
Republic
of China may, unless otherwise provided by law, acquire
the land-use right in accordance with the provisions of
these
regulations. |
Article
6 The land-use right acquired in
accordance with these regulations may, within the tenure of use,
be legally utilized, transferred, leased, mortgaged or used for
other economic purpose by the land user, whose
lawful rights and
interests shall be protected by law. |
Article
7 The land user shall abide by
provisions of laws and regulations to develop, utilize and
manage
the land and shall not engage in any activities
detrimental to the social public interests.
|
Article
8 The yearly plan of land development
and supply, which drafted by the Land Administration Department
together with other pertinent administrative departments of the
Municipal Government in accordance with the
city planning of the
Special Zone, the social economic development planning and the
industrial
policies, shall be uniformly organized and
implemented by the Land Administration Department after being
approved by the Municipal Government. |
Article
9 The assignment of land-use right
shall persist in the principle of combining it with the
construction
projects. Where there is not any construction
project, the land shall not be supplied except for the
assignment of land-use right by means of auction or invitation
of bid in accordance with these regulations. |
Article
10 The Municipal Government shall
establish land development funds, which shall be collected by
the
Land Administration Department. |
The
land development funds are composed by land development and
municipal accessory facilities fee,
land use fee, increment fee
of land value and other profits on the land. |
Where
the Municipal Government approves the fees for transfer of
land-use right, fees for land development
and municipal
accessory facilities that are to be paid by the land user to be
state-owned capital,
or approves the Land Administration
Department to invest with the land-use right, the investments
shall be converted to share capital and their profit shall be
reckoned in the land development funds. |
Article
11 The Shenzhen Municipal Land
Investment and Development Center (hereinafter referred to as
"Development
Center"), which established by the
Municipal Government, shall utilize the land development funds
to organize land development and municipal infrastructure
construction in accordance with the utilization
plan of the land
development funds. |
Article
12 The transfer fees of land-use right
and land development funds shall be used for land development
and municipal infrastructure construction and shall not be used
for other purse. |
The
Land Administration Department shall make the yearly utilization
plan of the transfer fees of
land-use right and land development
funds and submit them to the Municipal Government for approval. |
The use
of the transfer fees of land-use right shall be arranged by the
Land Administration Department
according to the plan, and the
land development funds shall be used by the Development Center.
The administrative department of finance of the Municipal
Government shall take charge of supervision and verification,
and the audit department of the Municipal Government shall carry
out audit regularly. |
The
Municipal Government shall formulate the measures on the revenue
and expenditure and administration
of the transfer fees of
land-use right and land development funds, and shall strengthen
the administration
of the transfer fees of land-use right and
land development funds. |
Article
13 The Land Administration Department
shall report the revenue and expenditure and the utilization of
the transfer fees of land-use right and land development funds
to the Standing Committee of the Shenzhen Municipal
People's
Congress (hereinafter referred to as "Municipal Standing
Committee of the People'
s Congress" ) every year. |
The
Municipal Administrative Department of finance and audit shall
report the verification and audit
of the transfer fees of
land-use right and land development funds to the Municipal
Standing Committee
of the People' s Congress at the same time. |
Article
14 The maximum term with respect to
the transfer of land-use right shall be determined respectively
in the light of the purposes listed below: |
(1) 70
years for residential purposes; |
(2) 50
years for industrial purposes; |
(3) 50
years for the purposes of education, science, culture, public
health and physical education; |
(4) 40
years for commercial, tourist and recreational purposes; and |
(5) 50
years for comprehensive utilization or other purposes. |
Article
15 The land user shall handle the
registration according to the Regulations of Shenzhen Special
Economic
Zone on Real Estate Registration (hereinafter referred
to as "Regulations on Registration") and acquire
the
Real Estate Certificate after concluding the Contract of
Assignment and paying off the transfer
fees of land-use right
and the land development and municipal accessory facilities fees
in accordance
with these regulations. |
After
concluding the Contract of Assignment but before obtaining the
Real Estate Certificate of
the land-use right of the land, the
land user may occupy and use the land but may not dispose of it. |
Chapter
II Contract of Land-use Right Transfer
|
Article
16 The Contract of Assignment in
written form shall be concluded by the land user and the Land
Administration
Department according to these regulations. Where
the land user entrusts an agent to conclude the Contract of
Assignment, the agent shall submit the authorized letter of
attorney made by the consigner to the
Land Administration
Department. The authorized letter of attorney made by the
corporations, organizations
or individuals of Hong Kong, Macao,
Taiwan or other countries shall be notarized or certified
according
to relevant rules. |
Article
17 The Contract of Assignment shall contain the following
principal clauses: |
(1)
names or titles and addresses of the parties; |
(2) lot
number and area of the land whose land-use right is to be
transferred; |
(3)
year limits of the land-use right and its time of starting and
ending; |
(4)
amount, currency, time and means of payment of the transfer fees
of land-use right; |
(5)
time of delivery of the land; |
(6)
outline of the city planning and municipal design; |
(7)
time of check for acceptance upon completion of the project; |
(8)
projects of constructing the municipal accessory facilities and
corresponding obligations of
construction; |
(9) the
restrictions on the use of adjacent land and roads; |
(10)
projects of construction of associated and attached accessory
facilities and the corresponding
obligation of construction; |
(11)
liability for breach of contract; and |
(12)
other clauses that the parties consider to be necessary. |
The map
of the land shall be enclosed in the Contract of Assignment as
part of the contract. |
Article
18 Where the land user has any
objection to the ownership, development and accessory facilities
of
the land to be transferred, he shall lodge such objection 10
days before the Land Administration Department notifying
him of
conclusion of the Contract of Assignment. But the aforesaid
provision shall not be applicable
to the land-use right
transferred through auction or invitation of bid. |
Since
the date of conclusion of the Contract of Assignment, the land
is regarded as delivered. |
Article
19 The Contract of Assignment shall be
legally binding once concluded according to law and the parties
shall fulfill their respective obligations thoroughly in
accordance with the terms of the contract. Neither
party may
unilaterally modify or rescind the contract. |
Article
20 Where the land user does not pay
the transfer fees of land-use right within time limit specified
by the Contract of Assignment, each day since the date of
overdue, he shall be charged of an overdue fine of 0.05%
of the
land-use right fees that is overdue. The Land Administration
Department may rescind the
Contract of Assignment and take the
land-use right in case the overdue land-use right fees are still
unpaid off after 60 days from the payable date. |
Where
the land user only pays earnest money or caution money, such
money shall not be returned. |
Where
the land user serves the earnest money or caution money as the
land-use right fees, such money
shall not be returned. The Land
Administration Department shall deduct 20% of the total amount
of the land development and municipal accessory facilities fees
as breach of contract damages and return the balance.
The
buildings and attachment already built on the land shall be
taken back to the state by the
government without compensation. |
Article
21 The land user shall develop and
utilize the land in accordance with the purpose to use the land,
term and conditions according to the terms of the Contract of
Assignment. |
Article
22 Where it is necessary for the land
user to change the purposes of land use as stipulated in the in
the Contract of Assignment, he shall he shall obtain the consent
of the Land Administration Department. The
Land Administration
Department and the land user shall modify the Contract of
Assignment in writing,
readjust the standard of land-use right
fees thereof, and register the modification in accordance with
relevant rules. |
Chapter
III Transfer of Land-use Right Through Auction
|
Article
23 Transfer of land-use right through
auction means that at the scheduled date and in public, the
auctioneer authorized by the Land Administration Department
(hereinafter referred to as the "auctioneer")
chairs
the auction while the bidders make bids in specified means and
the one made the highest
bid shall get the land-use right. |
Article
24 The Land Administration Department
shall publish the relevant matters of the auction of the
land-use
right on Shenzhen Special Zone Daily or Shenzhen
Economic Daily 30 days before the auction. |
Article
25 The following documents shall be
printed by the Land Administration Department and be provided to
the bidders since the date of publication: |
(1)
detail information on the auction of the land-use right; and |
(2)
stylebook of Contract of Assignment. |
Article
26 The transfer of land-use right
through auction shall be carried out according to the following
procedure: |
(1) the
Land Administration Department publishes the auction of the
transfer of land-use right; |
(2) the
bidders takes out relevant documents; and |
(3) the
auctioneer chairs the auction at the scheduled time and place
specified in the publication
in accordance with the following
process: |
1. the
auctioneer briefly introduces the location, area, purpose of
land use, term of use, planning
requirements and other relevant
matters of the land whose land-use right is to be auctioned; |
2. he
auctioneer announces the bottom price of the auction and the
amount added for each bid; |
3. the
bidders make bids by the means specified; and |
4. in
case the auctioneer continuously declares the last bid for two
times and no one offering a
new bid, the last bidder shall be
the winner; and |
(4) The
winner shall pay off the land development and municipal
auxiliary fee in lump-sum to the
Land Administration Department,
conclude the Contract of Assignment with the Land Administration
Department, and pay a earnest money of 20% of the total amount
of the transfer fees of land-use right, the balance
of which
shall be paid within 5 days since the effective date of the
Contract of Assignment. As
for the land for industrial purposes,
when approved by the Land Administration Department and noted in
the Contract of Assignment, the payment of the balance may be
deferred, not exceeding 1 year at the most.
When the payment is
overdue, the Land Administration Department may dispose of it in
accordance
with Article 20 herein. |
Article
27 The
bottom price is not the same as the upset price for transferring
the land-use right of the land.
When the last bid is lower than
the upset price, the auctioneer shall be entitled to end the
auction. |
Article
28 Where
the winner cannot pay the down payment or refuses to conclude
the Contract of Assignment,
he shall compensate for all the
expenditure of the auction. The Land Administration Department
may auction the land again, and if the transfer fees of land-use
right is lower than that of the first auction,
the margin shall
be paid by the aforementioned winner who has breached the
contract. |
Chapter
IV Transfer of Land-use Right Through Inviting Public Bidding
|
Article
29 Transfer
of land-use right by invitation of bid refers to that the Land
Administration Department
invites invitation of bid publicly or
invite the invitation of biders that fulfill the requirements
for invitation of bid, and, after the assessment of invitation
of bids, the winner shall get the land-use right. |
Article
30 Transfer
of land-use right by invitation of bid may be carried out by the
following two means:
|
(1)
Open invitation of bid: the Land Administration Department
announcing the invitation to invitation
of bid; and
|
(2)
Invited invitation of bid: the Land Administration Department
delivering the invitation of bid
invitation to the specified
persons.
|
The
invitation of bid announcement shall be publicized on Shenzhen
Special Zone Daily or Shenzhen
Economic Daily 30 days before the
closing date of invitation of bid. The invitation of bid
invitation
shall be delivered to the invited invitation of
biders 30 days before the closing date of invitation of bid. |
Article
31 The
qualifications, contents and means of invitation of bid of the
transfer of land-use right by
invitation of bid shall be decided
by the Land Administration Department according to these
regulations,
the yearly plan of land supply and the specific
conditions of the land. |
Article
32 The
following documents of invitation of bid shall be printed by the
Land Administration Department
and be provided to the invitation
of biders:
|
(1)
Notice on the invitation of bid;
|
(2)
Invitation of bid document of the land-use right; and
|
(3)
Contract of Assignment model. |
Article
33 The
transfer of land-use right by invitation of bid shall be carried
out according to the following
procedure:
|
(1)
The Land Administration Department announces or delivers the
invitation of bid invitation;
|
(2)
The invitation of biders get relevant documents;
|
(3)
The invitation of biders put the sealed invitation of bid
documents into the invitation of bid
box at the designated place
before the closing date of invitation of biding and submit the
guaranty
bond for invitation of bid according to the
requirements of the Land Administration Department;
|
(4)
The Land Administration Department organizes the meeting of
invitation of bid opening, opening
and checking the invitation
of bids on site and declaring the invitation of bid documents
that
are against the invitation of biding regulations to be
void;
|
(5)
The Land Administration Department shall organize the invitation
of bid inviting agencies to
assess and determine the invitation
of bid based on the principle of equality and fairness, and
deliver the notice of winning the invitation of bid to the
winning invitation of bider; and
|
(6)
On receiving the notice of winning the invitation of bid, the
winner shall pay off the land
development and municipal
auxiliary fee in a lump sum to the Land Administration
Department, and
conclude the Contract of Assignment with the
Land Administration Department in the provided time limit. |
Article
34 Where
the documents of invitation of bid inviting only require the
invitation of bid price, the
invitation of bider with the
highest invitation of bid price shall win; where both the
invitation
of bid price and the designing plan are necessary,
the invitation of bids shall be assessed comprehensively and
the
invitation of bid with the highest comprehensive score shall
win.
|
If
the Land Administration Department deems that none of the
invitation of bid document has reached
the base conditions of
the invitation of bid, it may reject all the invitation of bid
documents
and invite new invitation of bids again. |
Article
35 Where
the invitation of bid-winner does not conclude the Contract of
Assignment with the Land Administration
Department in the
provided time limit, its qualification as the winner shall be
cancelled and the
guaranty bond for invitation of bid shall not
be returned, while a new invitation for invitation of bid shall
be organized. If it causes economic losses of the Land
Administration Department, the invitation
of bid-winner shall
bear the liability of damages. |
Article
36 The
invitation of bid-winner shall pay off the transfer fees of
land-use right within 5 days since
the effective date of the
Contract of Assignment. As for the land for industrial purposes,
when
approved by the Land Administration Department and noted in
the Contract of Assignment, the payment may be deferred,
but not
exceeding 1 year at the most. When the payment is overdue, the
Land Administration Department
may dispose of it in accordance
with Article 20 herein. |
Article
37 The
guaranty bond for invitation of bid submitted by the invitation
of bid-winner may be converted
into the transfer fees of
land-use right. The guaranty bond for invitation of bid
submitted by
the losers shall be returned without interest by
the Land Administration Department within 30 days since the date
of deciding on the winning invitation of bid. |
Chapter
V Transfer of Land-use Right Through Agreement
|
Article
38 Transfer of land-use right through agreement herein refers to |
The
term "transfer of land-use right by agreement" refers
to that the Land Administration
Department, on behalf of the
Municipal Government, consults with the land user and decides on
the
land price on the basis of the announced market price of the
land, and finally assigns the land-use right to the
land user.
|
The
term "announced market price" refers to the price
announced regularly by the Land
Administration Department after
evaluating the land in accordance with such factors as the land
grade, land use, real estate market, etc. |
Article
39 The
land-use right of the land within the following range may be
transferred by agreement:
|
(1)
Land for hi-tech projects;
|
(2)
Land for commercial housing with very small profit constructed
by the municipal or district
government;
|
(3)
Land for welfare commercial housing constructed by the municipal
or district government; and
|
(4)
Land for public welfare or non-profit undertakings such as state
organs, culture, education,
health, sports, science and
technology, municipal facilities, etc. that are wholly invested
by
the municipal or district finance;
|
The
land-use right of the land other than the items listed in the
previous paragraph shall be transferred
by agreement in general.
The land-use right of the following land, approved by the
Municipal Government,
may also be transferred by agreement, but
the transferring price must be the same as the announced market
price:
|
(1)
Land for the projects that are in urgent need of the Special
Zone or whose development is specially
encouraged;
|
(2)
Land for cluster development zone;
|
(3)
Land for the projects in which the Municipal Government invests
the land as share capital; and
|
(4)
Land for the reconstruction of old urban areas.
|
The
Municipal Government shall report to the Municipal Standing
Committee of the People' s Congress
every year of the situation
of transfer of land-use right by agreement. |
Article
40 The
transfer of land-use right by agreement shall be carried out
according to the following procedure:
|
(1)
The applicant shall submit the following documents of
application to the Land Administration
Department:
|
1.
Certificate of the legal representative;
|
2.
Land use application report;
|
3.
"Application form for transfer of land-use right by
agreement" (the standardized form
provided by the Land
Administration Department) and the preliminary arrangement plan
of the project;
|
4.
Documents of approval issued by the Municipal Government or the
authorized departments of establishing
corporations or
institutions in the Special Zone and documents of industrial and
commercial registration.
|
5.
Document of approval of the projects of the year issued by the
municipal planning department;
|
6.
Certificate of capability of paying the transfer fees of
land-use right;
|
7.
Document of verification issued by the Municipal Administrative
Department of science and technology
for the hi-tech projects;
and
|
8.
Document of environmental assessment and inspection issued by
the Municipal Administrative Department
of environmental
protection for the projects that pollute or affect the
environment.
|
(2)
The Land Administration Department shall consult with the
applicant on the matters concerning
the use of land within 30
days after receiving the documents of application, raise an
inspection
plan and report it to the Municipal Government for
verification and approval. When the Municipal Government has
verified and approved the plan, the Land Administration
Department shall notify the applicant of
it in writing.
|
(3)
The applicant shall, after the issuance of the notice on the
transfer fees of land-use right
by the Land Administration
Department and before concluding the Contract of Assignment with
the
Land Administration Department, pay a down payment as much
as 20% of the transfer fees of land-use right to the
Land
Administration Department and at the same time pay off the land
development and municipal
accessory facilities fee in a lump
sum.
|
(4)
The applicant shall, within 100 days since the date of issuance
of the land use plan by the
Land Administration Department,
conclude the Contract of Assignment with the Land Administration
Department. If the contract is not concluded within the time
limit, the applicant shall be regarded as voluntarily
giving up
the application, and the notice of approval on transferring the
land issued by the Land
Administration Department shall
automatically become void. Under such circumstances, the down
payment
shall not be returned to the applicant, and the land
development and municipal accessory facilities fee shall be
returned without interest after being deducted 10% as damages by
the Land Administration Department.
|
(5)
The applicant shall, with the receipt of the transfer fees of
land-use right issued by the Land
Administration Department,
register the land-use right in accordance with the Regulations
on Registration
and then obtain the Real Estate Certificate. |
Article
41 Where
the land-use right is transferred by agreement for the following
projects, the Land Administration
Department shall reduce or
exempt the transfer fees of land-use right and the land
development
and municipal accessory facilities fee as follows:
|
(1)
For the land provided in Article 39 Paragraph 1 Item (1), the
transfer fees of land-use right
shall be reduced by 40% to 70%;
|
(2)
For the land provided in Article 39 Paragraph 1 Item (2), the
transfer fees of land-use right
shall be exempted;
|
(3)
For the land provided in Article 39 Paragraph 1 Item (3), the
transfer fees of land-use right
shall be exempted, and the
standard for the amount of the land development and municipal
accessory
facilities fee shall be provided by the Municipal
Government separately.
|
No
other transferring of land-use right by agreement shall be
reduced or exempted of the transfer
fees of land-use right. |
Article
42 For
the land provided in Paragraph 1 Item (1) Article 39, the land
user shall pay 30% of the transfer
fees of land-use right as the
initial payment on the effective date of the Contract of
Assignment,
and the balance shall be paid within 30 days since
the effective date of the Contract of Assignment. Approved by
the Land Administration Department and noted in the Contract of
Assignment, the payment of the
balance may be deferred, not
exceeding 1 year at the most. When the payment is overdue, the
Land
Administration Department may dispose of it in accordance
with Article 20 herein.
|
For
the land provided in Item (2) and (3) Paragraph 1 Article 39 the
payment of the transfer fees
of land-use right shall be made in
accordance with the time limit and means provided in the
Contract
of Assignment.
|
For
the land provided in Item (4) Paragraph 1 Article 39, the
payment of the transfer fees of land-use
right shall be made in
accordance with the regulations of the Municipal Government. |
Article
43 The
Land Administration Department shall, by 31st December every
year, report the projects of which
the transfer feess of
land-use right have been reduced or exempted and the amount
reduced or exempted
to the Municipal Government. |
Article
44 Where
the land-use right is obtained with reduced or exempted transfer
fees of land-use right in
accordance with Article 39 Paragraph 1
Item (1) herein, if the land user lets or transfer the land, or
invests the land-use right to joint ventures or cooperate
enterprises, he shall report to the Land Administration
Department for approval and conclude a Contract of Assignment
again. If the use of the land is
to be changed, the land user
shall report to the Land Administration Department for approval,
making
up the deficiency of the transfer fees of land-use right
and the land development and municipal accessory facilities
fee
according to the announced market price, and then register the
modification in accordance with
the Regulations on Registration
before the change of the land use may be effectuated.
|
Where
the land user has to make up the deficiency of the transfer fees
of land-use right and the
land development and municipal
accessory facilities fee, he shall register the modification
with
the receipt of the fully paid deficiency of the transfer
fees of land-use right and the land development and municipal
accessory facilities fee issued by the Land Administration
Department and the re-concluded Contract
of Assignment. |
Article
45 Where
the land-use right is obtained with the reduced transfer fees of
land-use right and land development
and municipal accessory
facilities fee in accordance with Article 39 Paragraph 1 Item
(1) herein,
the land user may, approved by the Land
Administration Department, mortgage the buildings and attachment
on the land. If the mortgagee shall dispose of the mortgage, he
should make up the deficiency of the transfer
fees of land-use
right and the land development and municipal accessory
facilities fee first in
accordance with the announced market
price. The taxes and fees related to the income of the disposal
of the mortgage must be paid by rule in advance. |
Article
46 Where
the land-use right is obtained with the reduced transfer fees of
land-use right in accordance
with Article 39 Paragraph 1 Item
(1) herein, when the project is put into operation, the
Municipal
Administrative Department of science and technology
shall be in charge of re-inspection. If the project does not
conform to the standard for hi-tech projects, the deficiency of
the transfer fees of land-use right
must be made up in
accordance with the announced market price. |
Article
47 For
the land provided in Article 39 Paragraph 1 Item (2) and (3), if
the land user shall let, transfer
or mortgage the land, or
invest the land-use right into joint ventures or cooperate
enterprises,
he must comply with the regulations of the
Municipal Government. |
Article
48 Land
for public welfare or non-profit undertakings such as state
organs, culture, education, health,
sports, science and
technology, municipal facilities, etc. shall neither be changed
into the use
of profit-earning, nor be let, transferred,
mortgaged or developed through cooperation. |
Chapter
VI Termination of Transfer of Land-use Right
|
Article
49 The
land-use right shall be terminated under one of the following
circumstances:
|
(1)
The term fixed in the Contract of Assignment expires;
|
(2)
The land is lost;
|
(3)
The land user dies and there is no legitimate heir;
|
(4)
The judgment, ruling or decision of confiscating the land-use
right made by the people's court
or Land Administration
Department takes effect;
|
(5)
The land using unit relocates or is nullified by law;
|
(6)
The Municipal Government recovers the land-use right before the
fixed date due to the need of
public welfare and interest; or
|
(7)
Other circumstances provided by law. |
Article
50 Where
the circumstances provided in Item (1), (3) and (4) of the
previous article should occur,
the land-use right shall be
recovered by the Land Administration Department without
compensation
together with the buildings and attachment on the
land. |
Article
51 The
Municipal Government shall not recover the land-use right
transferred to the land users by law
before the fixed date.
Under special circumstances, the land may be recovered before
the fixed
date in due process with respect to the need of the
public welfare and interest.
Where the land is recovered before the fixed date by law, the
Municipal Government shall compensate
the land user in
accordance with the actual conditions and the term of land
development and utilization. |
Article
52 When
the term of land-use right expires, the land user shall, within
10 days of expiration, register
the nullification at the
administrative department of real estate. If the land user does
not register
the nullification, the land-use right shall be
nullified directly by the Municipal Administrative Department of
real estate.
|
Under
the circumstances provided in Article 49 Item (2), (3), (4), (5)
and (6), the land-use right
shall be nullified directly by the
Municipal Administrative Department of real estate. |
Article
53 When
the term of land-use right expires, if the land user needs to go
on using the land, he shall
apply to the Land Administration
Department 6 months in advance, and the Land Administration
Department
shall make a reply of approval or disapproval
according to the following principle within 1 month after
receiving the application:
|
(1)
If the use of the land applied for by the land user complies
with the current urban planning,
approval shall be transferred
for further utilization of the land;
|
(2)
If the use of the land applied for by the land user does not
comply with the current urban planning,
the application of the
land user shall not be approved. |
Article
54 Where
the land user is transferred the approval to go on using the
land, he shall re-conclude the
Contract of Assignment with the
Land Administration Department within 15 days after receiving
the
document of approval, paying the transfer fees a of land-use
right and the land development and municipal accessory
facilities fee, and register in accordance with the Regulations
on Registration. |
Chapter
VII Legal Liabilities
|
Article
55 Where
the land-use right is transferred without approval, which is in
violation of Article 3, the
Contract of Assignment shall be
void, and the Land Administration Department may punish the
illegal
act of transference of the party concerned in accordance
with the Regulations of Shenzhen Special Economic Zone
on Real
Estate Transfer. |
Article
56 Where
the land user does not develop and utilize the land in
accordance with the use and conditions
provided in the Contract
of Assignment, which is in violation of Article 21, the Land
Administration
Department shall order it to make corrections in
a limited period and may impose a fine of 20% of the total
amount of the transfer fees of land-use right concurrently. If
the land user refuses to make corrections,
the Land
Administration Department shall recover the land-use right
without compensation and confiscate
the buildings and attachment
on the land.
|
Where
the land user does not complete the construction on the land
within the fixed time limit,
the Land Administration Department
shall impose a fine since the date of completion for check and
delivery of the project provided in the Contract of Assignment.
If the completion is overdue for less than 6
months, a fine of
5% of the total amount of the transfer fees of land-use right
shall be imposed;
If the completion is overdue for more than 6
months but less than 1 year, a fine of 10% of the total amount
of the transfer fees of land-use right shall be imposed; If the
completion is overdue for more than
1 year but less than 2
years, a fine of 15% of the total amount of the transfer fees of
land-use
right shall be imposed; if the completion is overdue
for more than 2 years, the Land Administration Department shall
recover the land-use right without compensation and confiscate
the buildings and attachment on
the land.
|
Where
the land user does not develop or utilize the land in 2 years
since the effective date of
the Contract of Assignment, the Land
Administration Department shall recover the land-use right
without compensation.
|
The
aforementioned "developing and utilizing" refers to
obtaining the Construction Planning
Permit and the quantity of
work reaching 25% of the total investment.
|
Where
the land-use right is recovered by the Land Administration
Department without compensation,
the land development and
municipal accessory facilities fee shall not be returned. |
Article
57 According
to Article 46 herein, if the project does not conform to the
standard for hi-tech projects
after re-inspection, the land user
shall, apart from making up the deficiency of the transfer fees
of land-use right, be imposed upon a fine of 20% of the total
amount of the transfer fees of land-use right
by the Land
Administration Department. |
Article
58 Where
the land user lets or mortgages the land-use right, or develops
and utilizes the land through
cooperation with others, which is
in violation of Article 48 herein, the Land Administration
Department
shall order him to make corrections, confiscate his
illegal gains and impose a fine of not less than 1 time but
not
more than 3 times of the illegal gains concurrently.
|
Where
the land user transfers the land-use right without approval,
which is in violation of Article
44 and 48 herein, the Land
Administration Department shall order him to make corrections,
confiscate
his illegal gains and impose a fine of 10% of the
transfer price concurrently. If the land user refuses to make
corrections, the Land Administration Department shall recover
the land-use right without compensation
and confiscate the
buildings and attachment on the land. Where the land-use right
is recovered
by the Land Administration Department without
compensation, the land development and municipal accessory
facilities fee shall not be returned.
|
The
person liable shall be subject to disciplinary sanctions imposed
by his unit or the organ at
a higher level; if the offence
constitutes a crime, the offender shall be prosecuted for his
criminal
liability by the judicial organizations according to
law. |
Article
59 When
the land user is applying for the land, or concluding or
performing the Contract of Assignment,
if one of the following
circumstances occurs, the Land Administration Department may
impose sanctions
such as warning, revocation of the document of
approval, detaining the relevant permits or recovering the
land-use right:
|
(1)
The land user concealing important facts and providing false
materials or counterfeiting documents;
or
|
(2)
The land user disposing of the land-use right without approval,
violating Article 15 Paragraph
2 herein. |
Article
60 During
the process of transfer of land-use right, if the land user
obtains the land-use right by
means of falsification or bribery,
the Land Administration Department shall recover the land-use
right and impose a fine of 5% of the total amount of the
transfer fees of land-use right; the person liable shall
be
subject to disciplinary sanctions imposed by his unit or the
organ at a higher level; if the
offence constitutes a crime, the
offender shall be prosecuted for his criminal liability by the
judicial organizations according to law. |
Article
61 Where
the staff member of the Land Administration Department takes
bribes, betrays secrets, neglects
his duties, or practices
irregularities for personal gains, he shall be subject to
disciplinary
sanctions imposed by his unit or the organ at a
higher level; if the offence constitutes a crime, the offender
shall be prosecuted for his criminal liability by the judicial
organizations according to law. |
Article
62 Where
a party refuses to comply with the decision on administrative
sanction made by the Land Administration
Department, he may,
within 15 days from receipt of the notice of imposition of
administrative sanction,
apply for reconsideration to the
municipal organ of administrative reconsideration, and the organ
of administrative reconsideration shall make the decision of
reconsideration within 60 days from receipt of the
application
for reconsideration. If the party refuses to comply with the
decision of reconsideration,
he may file a lawsuit in a people's
court within 15 days from receipt of the decision of
reconsideration.
|
If
the party neither applies for reconsideration, nor files a
lawsuit within the specified time
limit, nor complies with the
decision on administrative sanction of the Land Administration
Department,
the Land Administration Department may apply to a
people's court for compulsory enforcement. |
Article
63 The
land user of the original allocated land-use right shall apply
for making up the transferring
formalities before 31st December
1999. |
Chapter
VIII Supplementary Provisions
|
Article
64 Any dispute over land-use right
assignment shall be settled through consultation by the
disputing
parties, and if the consultation fails, the parties
concerned may file a lawsuit in a people' s
court. |
Article
65 The Municipal Government may
formulate the detailed implementing measures in accordance with
these
regulations. |
Article
66 These regulations shall take effect
as of the date of promulgation. |
Where
there are contradictions between the provisions of these
regulations and other relevant rules
that enacted in the Special
Zone before, these regulations shall prevail. |