The Ministry of Land and Resources and the State Administration for Industry and Commerce issued a report on the transfer of state-owned land use rights.
Notice of the Ministry of Land and Resources and the State Administration for Industry and Commerce on Promulgating the Model Text of the Contract for the Transfer of State-Owned Land Use Rights
The Land and Resources Department and the Administration for Industry and Commerce of all provinces, autonomous regions and municipalities directly under the Central Government shall plan to list the Municipal Land Administration Bureau and the Administration for Industry and Commerce.
In order to implement the Law of the People's Republic of China on Land Administration, the Law of the People's Republic of China on Urban Real Estate Management and the Law of the People's Republic of China on Contract Law, and regulate the transfer of state-owned land use rights, the Ministry of Land and Resources and the State Administration for Industry and Commerce The model text of the “State-owned Land Use Right Transfer Contract” issued by the former State Administration of Land Administration and the State Administration for Industry and Commerce in 1994 was revised and improved. The revised model text of the “State-owned Land Use Right Transfer Contract” will now be issued and executed. The original model text was abolished at the same time.
GF-2000-2601
Contract number:
State-owned land use right transfer contract
Producer of Ministry of Land and Resources of the People's Republic of China
State Administration for Industry and Commerce
Instructions for use
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 if the demolition and site leveling are not completed, select the second paragraph and indicate the area of the buildings and other ground objects 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”, and specify the contents of the infrastructure, such as “passage, power supply, and water supply”.
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 article of the contract, if it belongs to housing development, choose the first paragraph; if it belongs to land development, choose the second paragraph.
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
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 Urban Real Estate Management 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 sides are based on equality, voluntariness, compensation, and honesty. In principle, enter into this contract.
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 has jurisdiction over the constitution and the law, administrative powers, and other rights exercised by the state in accordance with the laws of the People's Republic of China 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 Delivery of land and payment of transfer fees
Article 3 The parcel of the transferee to the transferee is located at ________________________, the parcel number is __________, and the total area of the parcel is ________________________ square meters, of which the land area is __________________________ 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 purpose of the transfer of the parcel under this contract is ____________________________________________.
Article 5 The transferor agrees to deliver the transfer of the parcel to the transferee by ___ ___ ___ day, and the transferor agrees that the land shall meet the land conditions stipulated in paragraph ___ of this article when the land is delivered:
To achieve site leveling and surrounding infrastructure ___通, ie pass _______________________________.
The surrounding infrastructure has reached ___通, that is, ____________________________, but the site has not been demolished and leveled, and the status of buildings and foundations is as follows: ______________________________________.
Current land conditions.
Article 6 The term of the land use right under this contract shall be _________________, and 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 _____________________ yuan.
Article 8 After the contract has been signed by both parties, within ___ days, the transferee shall pay RMB to the transferor to capitalize ____________________ as the deposit for the performance of the contract. The deposit is paid as a 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 shall be paid in one lump sum.
The land use right transfer fee is paid to the transferor in the ___ period according to the following time and amount.
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 shall 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, Construction 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 them. When the boundary piles are damaged or moved, the transferee shall immediately submit a written report to the transferor, apply for the boundary measurement, and restore the boundary piles.
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 ___________________;
Construction limit ___________________;
Greenland ratio ___________________;
Other land use requirements _______________________________________.
Article 12 The transferee agrees to construct the following works within the scope of the parcel under this contract and hand over to the government without compensation after completion:
_______________________;
_______________________;
_______________________.
Article 13 The transferee agrees to start construction before ___year ___month ___ day.
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 handled in accordance with the relevant regulations in connection with the external line of the parcel and the substation.
The assignee agrees that the various pipelines and pipelines laid by the government for the needs of the public utilities will enter, exit, and pass through 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 application for land registration, handle the transfer of the land use right for the transferee in accordance with the law and issue the “State-owned Land Use Certificate”.
Article 16 The transferee must use the land reasonably according to law, and the transferee shall be liable for compensation for all activities on the transferred parcel that may not damage or damage the surrounding environment or facilities and cause losses to the state or others.
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 the corresponding compensation is given to the transferee 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 the entire land use right transfer fee in accordance with the provisions of this contract, and obtained the “State-owned Land Use Certificate”. After obtaining the land use right, the transferee has the right to transfer all or part of the land use right 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 The transfer, mortgage, transfer and mortgage of land use rights shall sign a written transfer or mortgage contract; if the lease term of land use rights exceeds 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 borne by the transferee.
Article 23 Transfer, lease and mortgage of land use rights, transfer, lease and mortgage of above-ground buildings and other attachments; transfer, lease and mortgage of above-ground buildings and other attachments, transfer and lease of land use rights ,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 V Term 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.
If the transferor agrees to renew the transfer, the transferee 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 If the land transfer period expires and the transferee fails to apply for renewal, the land use rights and the above-ground buildings and other attachments under this contract 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 destroyed by human beings. If the buildings and other attachments on the ground lose their normal functions, 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 buildings and other attachments on the ground at the time of recovery.
Chapter VI Force Majeure
Article 29 Either party shall not be 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 within ____ hours by letter, telegram, telex, fax, etc., and submit the contract to the other party within ____ days after the incident Or a partial report that cannot be fulfilled 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 will pay the late payment fee to the transferor. If the deferred payment is more than 6 months, the transferor has the right to cancel the transfer. The contract, the land is recovered, the assignee has no right to request the return of the deposit, and the transferor may request the assignee 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, transfer the land use right transfer fee paid by the transferee to the ___ People 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, and if the development date of the commencement of construction beyond the contract has not been started for one year, the transferor may levy less than 20% of the land use right transfer fee to the transferee. Land idle fee; if the project has not been started for development in 2 years, the transferor can recover the land use right without compensation; however, except for the force majeure or the delays in the development of the construction due to the actions of the government, 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 as 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 bank, the new address or bank account or account number shall be notified to the other party within 15 days after the change. The fault is borne by the faulty party because of the delay caused by the delay of the party.
Article 37 When entering into this contract, the assignor is obliged to answer the questions posed by the assignee regarding this contract.
Chapter IX Applicable Law and Dispute Resolution
Article 38 The law of the People's Republic of China shall apply to the conclusion, validity, interpretation, performance and settlement of disputes of this contract.
Article 39 Any dispute arising from the performance of this contract shall be settled through negotiation between the parties to the dispute. If the negotiation fails, the solution 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 X 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, and this contract takes effect from the date of signing by both parties.
The land transfer plan under this contract is subject to the approval of the ______ People's Government, and this contract shall come into effect on the date of approval by the _________ People's Government.
Article 41 This contract is a ___ share, which has the same legal effect, and the transferor and the transferee each hold ___ copies.
Article 42 This contract and its affiliate files are ___ pages, which are subject to 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 the ______ city of the People's Republic of China _____________ on ___ year ___ month ___.
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.
Transferor: Transferee:
Residence: Residence:
Legal representative legal representative
: :
Phone: Phone:
Fax: Fax:
Telegraph: Telegraph:
Bank of deposit: Bank of deposit:
Account number: Account number:
Postal Code: Postal Code:
February 20th
Attached file: Transfer of parcel boundary map)
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The Land and Resources Department and the Administration for Industry and Commerce of all provinces, autonomous regions and municipalities directly under the Central Government shall plan to list the Municipal Land Administration Bureau and the Administration for Industry and Commerce.
In order to implement the Law of the People's Republic of China on Land Administration, the Law of the People's Republic of China on Urban Real Estate Management and the Law of the People's Republic of China on Contract Law, and regulate the transfer of state-owned land use rights, the Ministry of Land and Resources and the State Administration for Industry and Commerce The model text of the “State-owned Land Use Right Transfer Contract” issued by the former State Administration of Land Administration and the State Administration for Industry and Commerce in 1994 was revised and improved. The revised model text of the “State-owned Land Use Right Transfer Contract” will now be issued and executed. The original model text was abolished at the same time.
GF-2000-2601
Contract number:
State-owned land use right transfer contract
Producer of Ministry of Land and Resources of the People's Republic of China
State Administration for Industry and Commerce
Instructions for use
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 if the demolition and site leveling are not completed, select the second paragraph and indicate the area of the buildings and other ground objects 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”, and specify the contents of the infrastructure, such as “passage, power supply, and water supply”.
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 article of the contract, if it belongs to housing development, choose the first paragraph; if it belongs to land development, choose the second paragraph.
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
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 Urban Real Estate Management 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 sides are based on equality, voluntariness, compensation, and honesty. In principle, enter into this contract.
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 has jurisdiction over the constitution and the law, administrative powers, and other rights exercised by the state in accordance with the laws of the People's Republic of China 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 Delivery of land and payment of transfer fees
Article 3 The parcel of the transferee to the transferee is located at ________________________, the parcel number is __________, and the total area of the parcel is ________________________ square meters, of which the land area is __________________________ 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 purpose of the transfer of the parcel under this contract is ____________________________________________.
Article 5 The transferor agrees to deliver the transfer of the parcel to the transferee by ___ ___ ___ day, and the transferor agrees that the land shall meet the land conditions stipulated in paragraph ___ of this article when the land is delivered:
To achieve site leveling and surrounding infrastructure ___通, ie pass _______________________________.
The surrounding infrastructure has reached ___通, that is, ____________________________, but the site has not been demolished and leveled, and the status of buildings and foundations is as follows: ______________________________________.
Current land conditions.
Article 6 The term of the land use right under this contract shall be _________________, and 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 _____________________ yuan.
Article 8 After the contract has been signed by both parties, within ___ days, the transferee shall pay RMB to the transferor to capitalize ____________________ as the deposit for the performance of the contract. The deposit is paid as a 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 shall be paid in one lump sum.
The land use right transfer fee is paid to the transferor in the ___ period according to the following time and amount.
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 shall 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, Construction 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 them. When the boundary piles are damaged or moved, the transferee shall immediately submit a written report to the transferor, apply for the boundary measurement, and restore the boundary piles.
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 ___________________;
Construction limit ___________________;
Greenland ratio ___________________;
Other land use requirements _______________________________________.
Article 12 The transferee agrees to construct the following works within the scope of the parcel under this contract and hand over to the government without compensation after completion:
_______________________;
_______________________;
_______________________.
Article 13 The transferee agrees to start construction before ___year ___month ___ day.
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 handled in accordance with the relevant regulations in connection with the external line of the parcel and the substation.
The assignee agrees that the various pipelines and pipelines laid by the government for the needs of the public utilities will enter, exit, and pass through 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 application for land registration, handle the transfer of the land use right for the transferee in accordance with the law and issue the “State-owned Land Use Certificate”.
Article 16 The transferee must use the land reasonably according to law, and the transferee shall be liable for compensation for all activities on the transferred parcel that may not damage or damage the surrounding environment or facilities and cause losses to the state or others.
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 the corresponding compensation is given to the transferee 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 the entire land use right transfer fee in accordance with the provisions of this contract, and obtained the “State-owned Land Use Certificate”. After obtaining the land use right, the transferee has the right to transfer all or part of the land use right 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 The transfer, mortgage, transfer and mortgage of land use rights shall sign a written transfer or mortgage contract; if the lease term of land use rights exceeds 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 borne by the transferee.
Article 23 Transfer, lease and mortgage of land use rights, transfer, lease and mortgage of above-ground buildings and other attachments; transfer, lease and mortgage of above-ground buildings and other attachments, transfer and lease of land use rights ,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 V Term 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.
If the transferor agrees to renew the transfer, the transferee 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 If the land transfer period expires and the transferee fails to apply for renewal, the land use rights and the above-ground buildings and other attachments under this contract 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 destroyed by human beings. If the buildings and other attachments on the ground lose their normal functions, 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 buildings and other attachments on the ground at the time of recovery.
Chapter VI Force Majeure
Article 29 Either party shall not be 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 within ____ hours by letter, telegram, telex, fax, etc., and submit the contract to the other party within ____ days after the incident Or a partial report that cannot be fulfilled 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 will pay the late payment fee to the transferor. If the deferred payment is more than 6 months, the transferor has the right to cancel the transfer. The contract, the land is recovered, the assignee has no right to request the return of the deposit, and the transferor may request the assignee 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, transfer the land use right transfer fee paid by the transferee to the ___ People 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, and if the development date of the commencement of construction beyond the contract has not been started for one year, the transferor may levy less than 20% of the land use right transfer fee to the transferee. Land idle fee; if the project has not been started for development in 2 years, the transferor can recover the land use right without compensation; however, except for the force majeure or the delays in the development of the construction due to the actions of the government, 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 as 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 bank, the new address or bank account or account number shall be notified to the other party within 15 days after the change. The fault is borne by the faulty party because of the delay caused by the delay of the party.
Article 37 When entering into this contract, the assignor is obliged to answer the questions posed by the assignee regarding this contract.
Chapter IX Applicable Law and Dispute Resolution
Article 38 The law of the People's Republic of China shall apply to the conclusion, validity, interpretation, performance and settlement of disputes of this contract.
Article 39 Any dispute arising from the performance of this contract shall be settled through negotiation between the parties to the dispute. If the negotiation fails, the solution 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 X 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, and this contract takes effect from the date of signing by both parties.
The land transfer plan under this contract is subject to the approval of the ______ People's Government, and this contract shall come into effect on the date of approval by the _________ People's Government.
Article 41 This contract is a ___ share, which has the same legal effect, and the transferor and the transferee each hold ___ copies.
Article 42 This contract and its affiliate files are ___ pages, which are subject to 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 the ______ city of the People's Republic of China _____________ on ___ year ___ month ___.
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.
Transferor: Transferee:
Residence: Residence:
Legal representative legal representative
: :
Phone: Phone:
Fax: Fax:
Telegraph: Telegraph:
Bank of deposit: Bank of deposit:
Account number: Account number:
Postal Code: Postal Code:
February 20th
Attached file: Transfer of parcel boundary map)
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