State-owned land use right transfer contract (demonstration)

State-owned land use right transfer contract use instructions

1. The Contract for the Transfer of State-Owned Land Use Rights includes the contract text and the attached file “Transfer Parcel Boundary Map”.

2. The transferor of this contract is the land administrative department of the people's government that has the right to transfer state-owned land use rights.

III. The fourth land use of the contract is to be filled out according to the second-level classification of land as stipulated in the “Regulations on Urban Cadastral Investigation”. If it belongs to comprehensive land use, it should indicate the specific use of each type and the proportion of the area occupied.

4. The land conditions in Article 5 of the contract shall be selected and filled in accordance with the actual agreement between the parties. If it belongs to the original transfer of land use rights, the third paragraph shall be selected; for the land to be developed and constructed, the first or second paragraph shall be selected according to the degree of land development when the transferor promises to pay the land, and the transferor promises to deliver the land. To complete the demolition and site leveling, select the first paragraph, and indicate the conditions of the buildings and other above-ground materials to be demolished on the ground. The infrastructure conditions shall be filled out according to the agreement of the two parties, such as “seven connections” and “three links”. Facility content, such as "passage, power, water".

V. In the ninth provision of the contract for the payment of the land use right transfer fee, if the two parties agree to pay the land use right transfer fee in one lump sum, select the first paragraph and pay in installments, and choose the second paragraph.

6. In the twentieth clause of the contract, if it belongs to housing development, choose the first paragraph; if it belongs to the land, the second paragraph is selected.

7. In the provisions of Article 40 of the contract concerning the entry into force of the contract, if the parcel transfer plan has been approved by the people's government, it shall enter into force in accordance with the provisions of the first paragraph; if the parcel transfer plan has not been approved by the people's government, the second paragraph shall be followed. The regulations take effect.

State-owned land use right transfer contract

Chapter I General Provisions

Article 1 The parties to this contract:

Transferor: People's Republic of China _____________ Province _______________ City _____________;

Transferee: ______________________________________________________________________________.

According to the Land Administration Law of the People's Republic of China, the Contract Law of the People's Republic of China and other laws, administrative regulations and local regulations, the two parties have entered into this contract on the principle of equality, voluntariness, compensation, and good faith.

Article 2 The transferor shall grant the right to use the land in accordance with the law, and the ownership of the transferred land shall be the People's Republic of China. The state shall have jurisdiction over the constitution and the law, administrative powers and other provisions of the laws of the People's Republic of China. The power to exercise and the rights necessary for the public interest. Underground resources, buried objects and municipal utilities are not included in the scope of land use rights.

Chapter II Transfer of Land Transfer and Payment of Transfer Fee

Article 3 The transfer of the transferee to the transferee is located at ___________, the parcel number is ___________, and the total parcel area is capitalized _____________________ square meters. The coordinates of the four parcels and the boundary points of the parcels are shown in the attached file "Transfer Parcel Boundary Map".

Article 4 The use of the parcels under this contract is ______________________________________________________.

Article 5 The transferor agrees to deliver the transfer of the parcel to the transferee ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ condition:

To achieve site leveling and surrounding infrastructure ___________ pass, that is, __________________________________.

The surrounding infrastructure reaches ___________, that is, _________________________, but the site has not been demolished and leveled, and the buildings and other ground objects are as follows: ___________________________________________________________.

Current land conditions.

Article 6 The term of the land use right under this contract shall be ________________, which shall be counted from the date on which the transferee actually delivers the land, and the land use right shall be transferred to the transfer formalities. The transfer period shall be counted from the date of signing the contract. .

Article 7 The land use right transfer fee for the parcels under this contract is ___________________ yuan per square meter of RMB; the total amount is RMB uppercase _______________________ yuan.

Article 8 After the signing of this contract by both parties, within _____ days, the transferee shall pay the transferor RMB ______________ yuan as the deposit for the performance of the contract, and the deposit shall be paid as the land use right transfer fee.

Article 9 The assignee agrees to pay the above land use right transfer fee to the transferor in accordance with the provisions of paragraph __________ of this Article.

Within _____________ days from the date of signing this contract, the above-mentioned land use right transfer fee will be paid in one lump sum.

The above land use right transfer fee will be paid to the transferor according to the following time and amount in the ____________ period.

The first period of RMB capitalization _______________ yuan, payment time: _____ years _____ months ______ days before.

The second period of RMB capitalization _______________ yuan, payment time: ______ years ______ months _____ days before.

The first period of RMB capitalization _________________ yuan, payment time: ______ years _____ months _____ days before.

The first period of RMB capitalization _________________ yuan, payment time: _______ years _____ months _____ days before.

If the land transfer fee is paid in installments, the transferee will pay the corresponding interest to the transferor according to the bank's loan interest rate during the second and subsequent land transfer fees.

Chapter III Land Development and Utilization

Article 10 Within ___________ days after the signing of this contract, both parties shall verify the boundary points of all localities according to the coordinates marked on the attached file "Transfer of the Parcel Site Map". The transferee shall properly protect the land boundary piles and shall not arbitrarily modify the boundary piles. In the event of damage or movement, the assignee shall immediately submit a written report to the transferor, apply for a boundary measurement, and restore the boundary pile.

Article 11 Where the assignee constructs a new building within the scope of the parcel under this contract, the following requirements shall be met:

The nature of the main building _______________________________________________________________________;

The nature of the ancillary building _______________________________________________________________________;

Building volume ratio ___________________________________________________________________________;

Building density ________________________________________________________________________________;

Building height limit _____________________________________________________________________________;

The proportion of green space ________________________________________________________________________________;

Other land use requirements ________________________________________________________________________.

Article 12 The assignee agrees to construct the following works within the scope of the parcel under this contract and hand it over to the government without compensation after construction:

____________________________________________________________________________________

____________________________________________________________________________________

___________________________________________________________________________________

Article 13 The transferee agrees to start construction before the ________________________________ date.

If the construction cannot be started on schedule, the extension application shall be submitted to the transferor 30 days in advance, but the extension may not exceed one year.

Article 14 When the transferee is constructing in the transferred parcel, the relevant water, gas, sewage and other facilities shall be transported in accordance with relevant regulations in accordance with the regulations on the external line of the parcel and the substation.

The assignee agreed to the various pipelines and pipelines laid by the government for the needs of the public utilities to enter the mountain, pass through, and traverse the transferred parcels.

Article 15 The transferee shall, within 30 days from the date of payment of the transfer fee for all land use rights as stipulated in this contract, shall hold this contract and the land use right transfer payment voucher, apply to the transferor for land registration, and receive the The State-owned Land Use Certificate will be used to transfer land use rights.

The transferor shall, within 30 days from the date of accepting the land registration application, handle the transfer of the land use right registration for the transferee and issue the “State-owned Land Use Certificate”.

Article 16 The transferee must make reasonable use of the land in accordance with the law. All activities on the transferred land shall not damage or destroy the surrounding environment and facilities, and the transferee who has suffered losses to the state or others shall be liable for compensation.

Article 17 During the period of transfer, the transferee must use the land in accordance with the land use and land use conditions stipulated in this contract. If it is necessary to change the land use and land use conditions stipulated in this contract, the relevant approval procedures must be handled in accordance with the law. The transferor applies, obtains the consent of the transferor, signs the land use right transfer contract change agreement or re-signs the land use right transfer contract, adjusts the land use right transfer fee accordingly, and handles the land change registration.

Article 18 The government reserves the right to adjust the urban planning of the parcels under this contract. If the original land use plan is modified, the existing buildings in the parcel will not be affected, but the parcel buildings will be attached during the period of use. When the project is rebuilt, rebuilt, rebuilt or the application for renewal of the term expires, it must be implemented according to the effective plan at that time.

Article 19 The land use right obtained by the transferor in accordance with the law shall not be recovered before the expiration of the service life stipulated in this contract; in special circumstances, if the land use right needs to be withdrawn in advance according to the public interest of the society, the transferor shall comply with The statutory procedure is submitted for approval and is compensated accordingly to the assignee based on the value of the building on the ground, the value of other attachments and the price of the land use right for the remainder of the period.

Chapter IV Transfer, Lease and Mortgage of Land Use Rights

Article 20 The transferee has paid all the land use transfer fees in accordance with this contract, and obtained the "State-owned Land Use Certificate". After obtaining the land use right, it has the right to transfer all or part of the land use rights under this contract. Lease, mortgage, but the first transfer of the remaining years of land use rights, the transferor shall be deemed to meet the conditions stipulated in the following paragraph __:

Investing and developing according to the provisions of this contract, completing more than 25 percent of the total investment in development;

In accordance with the provisions of this contract for investment and development, the formation of industrial land or other construction land conditions.

Article 21 Both parties to the transfer, mortgage, transfer and mortgage of land use rights shall sign a written transfer or mortgage contract; if the lease term of the land use right is more than six months, the lessor and the lessee shall also sign a written lease contract.

The transfer, mortgage and lease contract of land use rights shall not violate the provisions of national laws, regulations and this contract.

Article 22 The transfer of land use rights, the rights and obligations specified in this contract and the registration file shall be transferred accordingly. After the transfer, the service life of the land use right shall be the service life agreed upon in the contract minus the years of use. The remaining years. After all or part of the land use right under this contract is leased, the rights and obligations stated in this contract and the registration file are still rented by the transferee.

Article 23 The transfer, lease and mortgage of land use rights, the construction of buildings and other attachments on the ground shall be transferred, leased and mortgaged; the transfer, lease, mortgage and land use rights of the above-ground buildings and other attachments shall be transferred accordingly. , rental, mortgage.

Article 24 Where the land use right is transferred, leased or mortgaged, the parties to the transfer, lease and mortgage shall, within 30 days from the date of signing the corresponding contract, hold this contract and the corresponding transfer, lease, mortgage contract and the use of state-owned land. Certificate, go to the land administrative department to apply for land registration.

Chapter 5 expires

Article 25 If the land use period of this contract is expired and the land user needs to continue to use the parcels under this contract, the application for renewal shall be submitted to the transferor no later than one year before the expiration, except for the needs of the public interest. If the land under this contract is withdrawn, the transferor shall approve it.

The transferee who agrees to renew the transfer shall go through the formalities for paid land use in accordance with the law, and re-sign the land use contract with the transferor to pay the land use fee.

Article 26 If the land transfer period expires and the transferee fails to file an application for renewal or if it is not renewed in accordance with the provisions of Article 25 of this contract, the transferee shall return the State-owned Land Use Certificate. The transferor shall reclaim the land use right on behalf of the state and handle the land use right cancellation registration in accordance with the regulations.

Article 27 After the expiration of the land transfer period, the land use right and the above-ground buildings and other attachments under this contract that the transferee has not applied for renewal shall be recovered by the transferor on behalf of the state without compensation. The transferee shall maintain the above-ground buildings, The normal use function of other attachments shall not be vandalized. If the buildings on the ground or other attachments lose their function, the transferor may require the transferee to move or dismantle the buildings and other attachments on the ground to restore the site.

Article 28 If the land transfer period expires and the transferee files an application for renewal and the transferor fails to approve the renewal according to the provisions of Article 25 of this contract, the land use right shall be recovered by the transferor on behalf of the state without compensation, but for the land For buildings and other attachments, the transferor shall compensate the transferee according to the residual value of the above-ground buildings and other attachments.

Chapter VI Force Majeure

Article 29: Any party is not responsible for the inability to perform this contract due to some or all of the force majeure, but shall take all necessary remedial measures to reduce the losses caused by force majeure if conditions permit. If the party is force majeure after the delay in performance, the liability cannot be waived.

Article 30 A party that has force majeure shall notify the other party in writing, by letter, telegram, telex, fax, etc. within __ hours, and submit the contract to the other party within __ days after the incident A report that cannot be performed or partially failed to perform or needs to be extended.

Chapter VII Liability for breach of contract

Article 31 The transferee must pay the land use right transfer fee on time according to the contract. If the transferee fails to pay the land use right transfer fee on time, from the date of the delay, the _________ of the delayed payment is paid to the transferor on a daily basis, and the deferred payment is more than 6 months. The contract is terminated and the land is recovered. The assignee has no right to request a refund of the deposit. The transferor may request the transferee to compensate for other losses caused by the breach of contract.

Article 32 If the transferee pays the land use right transfer fee according to the contract, the transferor must provide the transfer land on time according to the contract. In the event that the transferor fails to provide the land on time and causes the transferee to postpone the possession of the parcel under this contract, the transferor shall, on the day of each extension, pay _________ of the land use right transfer fee paid by the transferee. Allow people to pay liquidated damages. If the transferor delays the delivery of the land for more than 6 months, the transferee shall have the right to terminate the contract, and the transferor shall return the deposit twice and refund the other part of the transfer fee that has been paid. The transferee may request the compensation for the transferor. Other losses caused by default.

Article 33 The transferee shall carry out development and construction in accordance with the contract. If the commencement of development beyond the contract is not completed for one year, the transferor may levy less than 20% of the land use right transfer fee to the transferee. The land idle fee; if the project has not been started for 2 years, the transferor can recover the land use right without compensation; however, due to force majeure or the delay of the successful development of the government or the relevant government departments or the preliminary work required for the start of development.

Article 34 If the land delivered by the transferor fails to meet the land conditions stipulated in the contract, it shall be deemed to be a breach of contract. The assignee has the right to require the assignor to perform its obligations in accordance with the stipulated conditions and to compensate for the direct losses caused to the assignee by delay in performance.

Chapter VIII Notice and Description

Article 35 The notices and communications required or permitted by this contract, regardless of the manner in which they are delivered, shall take effect from the time of actual receipt.

Article 36 If the party changes the notice, the mailing address or the bank or account that has opened the account, it shall notify the other party of the new address or bank account or account number within 15 days after the change. The fault is caused by the fault of the party due to delay in the notification by one of the parties.

Article 37 In the conclusion of this contract, the transferor is obliged to release the assignee's claim for this contract.

Chapter IX Applicable Law and Dispute Resolution

Article 38 The conclusion, validity, interpretation, performance and disputes of this contract shall be settled through negotiation. If the negotiation fails, the solution shall be settled in accordance with the provisions of paragraph __ of this Article:

Article 39 If a dispute arises due to the performance of this contract, the disputed parties shall settle the dispute through negotiation. If the negotiation fails, the dispute shall be settled in accordance with the provisions of paragraph __ of this Article.

Submit ___________________ Arbitration Commission Arbitration;

Prosecuted to the people's court according to law.

Chapter IX Supplementary Provisions

Article 40 This contract shall enter into force in accordance with the provisions of paragraph ________ of this Article.

The land transfer plan under this contract is approved by the ________ People's Government. This contract is effective as of the date of signing by both parties.

The land transfer plan under this contract is subject to the approval of the ________ People's Government. This contract is effective as of the date of approval by the ________ People's Government.

Article 41 This contract is a _________ share with the same legal effect, and the transferor and the transferee each hold __ copies.

Article 42 The ________ page of this contract and the subsidiary files shall be written in Chinese.

Article 43 The amount, area and other items of this contract shall be indicated in both upper and lower case, and the capitalization shall be consistent. Inconsistent, the capitalization shall prevail.

Article 44 This contract was signed in ________________________________________________________________________________________________________________________________________________________________________________________

Article 45 Matters not covered in this contract may be agreed by the parties as an attached file of the contract and have the same legal effect as this contract.

Transfer:

residence:

Legal representative:

phone:

fax:

telegram:

Bank of deposit:

account number:

Postal code:

Transferee:

residence:

Legal representative:

phone:

fax:

telegram:

Bank of deposit:

account number:

post code:

The day of the month of

Attached file: Transfer of parcel boundary map)