Land use right transfer contract (1)

GF-92-1001

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 Land Administration; legal address _____; zip code ____; legal representative: name ____; position _____.

Transferee: ______; legal address ____; postal code ____; legal representative: name ___; position ____.

According to the "Provisional Regulations on the Transfer and Transfer of Urban State-Owned Land Use Rights of the People's Republic of China", "Interim Measures for the Administration of Foreign-invested Development and Management of Lands" and the relevant provisions of the State, the two sides have entered into this agreement through friendly negotiation on the principle of equality, voluntariness and compensation. contract.

Article 2 The land use right transferred by Party A in accordance with this contract shall be the ownership of the People's Republic of China. Underground resources, buried objects and municipal utilities are not within the scope of land use rights.

Article 3 The land use right transferred by Party B under this contract may be transferred, leased, mortgaged or used for other economic activities within the useful life, and its legal rights and interests are protected by national laws. However, activities not permitted by the laws of the People's Republic of China may not Party B has the obligation to rationally develop, utilize and protect the land in accordance with the law.

Chapter II Definition

Article 4 The specific terms used in this contract are defined as follows.

1. “Plot” means the area under Article B of this contract for the transfer of land use rights by Party B, that is, the area defined in Article 5 of this contract.

2. “Overall plan” refers to the overall plan for the development and construction of the ____ development area approved by the Chinese government.

3. “Split development plan” refers to the specific arrangement and arrangement of various constructions in the transfer land use right area approved by the Chinese government according to the overall plan.

4. “Utilities” refers to the comprehensive development and construction of the plots in accordance with the development plan for the development of the land, water supply, heating, roads, communications and other facilities.

Chapter III Range, Area and Year of Transfer of Land Parcels

Article 5 The land parcels assigned by Party A to Party B are located at _____, and the plot number is _____.

The total area of ​​the land referred to in Article 6 is Article ____ square meters.

Article 7 The land use right under this contract shall be _____ years. It shall be counted from the date of issuing the "State-owned Land Use Certificate of the People's Republic of China" of the land.

Chapter IV Land Use

Article 8 The transfer plots under this contract shall, in accordance with the approved master plan, establish an industrial zone with the focus on the establishment and operation of industrial projects, and also permit the provision of some matching production and living service facilities.

Article 9 The "Act of Land Use" attached to this contract is an integral part of this contract and has the same legal effect as this contract. Party B agrees to use the land in accordance with the Land Use Conditions.

Article 10 Within the time limit for transfer, if it is necessary to change the land use as stipulated in Article 8 of this contract, it shall obtain the consent of the urban planning administrative department, and with the approval of Party A, re-sign the land use right transfer contract in accordance with relevant regulations and adjust the land use right. Transfer the deposit and go through the registration procedures for the change of land use rights.

Chapter V Land Expenses and Payments

Article 11 Party B agrees to pay Party A the land use right transfer fee, land use fee and the land value-added fee when Party B transfers to the third party in accordance with the provisions of this contract.

Article 12 The land use right transfer fee of the land is _____ yuan per square meter, and the total amount is _____ yuan.

Article 13 Within _____ days after the signing of this contract by both parties, Party B shall pay Party A a total of _____% of the total land use right transfer fee by cash cheque or cash to the deposit of the performance contract.

Party B shall pay the full land use right transfer fee within _____ days after signing this contract. If the payment is not fully paid within the time limit, Party A has the right to terminate the contract and may request compensation for breach of contract.

Article 14 After Party B pays Party A the full land use right transfer fee, Party B shall go through the land registration procedures in accordance with the regulations and obtain the "State-owned Land Use Certificate of the People's Republic of China" to obtain the land use right.

Article 15 Party B agrees to pay land use fees year by year according to government regulations from the beginning of _____ years, and the payment time is __month __ day. The land use fee is _____ yuan per square meter per year.

Article 16 Party B agrees to pay Party A the land use right transfer fee and other expenses in US dollars.

The exchange rate between the US dollar and the RMB is calculated by the median value of the purchase price and the selling price announced by the State Administration of Foreign Exchange on the day of the contract.

Article 17 Unless otherwise stipulated in the contract, Party B shall remit the fees required by the contract to Party A's bank account before the payment date or payment date specified in this contract. Bank name: _____ bank _____ branch, account number __.

If Party A's bank account is changed, Party B shall notify Party B in writing within _____ days after the change. Party B shall not be liable for breach of contract due to any delay in charges caused by Party A's failure to notify such changes in time.

Chapter VI Transfer of Land Use Rights

Article 18 After implementing the film development plan and completing the construction of all public facilities to form industrial land and other construction land conditions, Party B shall have the right to transfer the remaining use rights of all or part of the land under this contract.

Article 19 The assignee of the transfer of land use rights may, besides the law, be a company, enterprise, other organization or individual within or outside the People's Republic of China.

The transfer contract signed by both parties shall not violate the national laws, regulations and the provisions of this contract.

Article 20 Party B shall notify Party A before the date of the transfer. Within ____ days after the signing of the transfer contract, the transferor shall send the notarized transfer contract and the original copy of the relevant auxiliary file to Party A, apply for the registration formalities for the change of land use rights, exchange the land use certificate, and pay the land in accordance with relevant government regulations. Value added fee.

Article 21 From the effective date of the contract of assignment, the rights and obligations contained in this contract and the registration file shall be transferred accordingly.

Article 22 If the land use right and the ownership of the above-ground buildings and other attachments are transferred and transferred, they shall be approved by Party A and the real estate management department, and the transfer registration procedures shall be handled in accordance with the regulations.

Chapter VII Land Use Rights Leasing

Article 23 After completing the public facilities of all or part of the land parcels and completing the general industrial plants and the supporting production and living service facilities, etc., Party B has the right to use the contract as the lessor. Or part of the land parcels may be leased to the lessee along with the buildings and other attachments on the ground.

Article 24 The lease contract signed between the lessor and the lessee shall not violate the provisions of the national laws, regulations and this contract.

Article 25 The land use right shall be leased along with the buildings and other attachments on the ground, and the lessor shall go through the relevant registration formalities in accordance with the regulations.

Article 26 After all or part of the land use right under this contract is leased, the lessor must continue to perform this contract.

Chapter VIII Mortgage of Land Use Rights

Article 27 Party B has the right to make one or several mortgages to one or several mortgage holders for all or part of the land use rights under this contract. The mortgage contract signed by the mortgagor and the mortgagee shall not violate the provisions of national laws, regulations and this contract.

The debt guaranteed by each mortgage must be the debt assumed by Party B for the development of the land parcel under this contract.

Article 28 Party B shall notify Party A before the date of making the mortgage ____. Party B shall, within ___ days after the signature of the mortgage deed, send the notarized mortgage deed and the notarized promissory notes and the relevant auxiliary files obtained to Party A to apply for the registration of the land use right mortgage.

A mortgagee or a third party who obtains the right to use the mortgaged land in accordance with the relevant provisions shall, in the day after the realization of the mortgage, complete the registration formalities for the change of the land use right, exchange the land use license, and obtain the land use right.

Article 29 The mortgagee or third party who replaces Party B in accordance with Article 28 shall enjoy and assume the rights and obligations of this Agreement.

Chapter IX expires

Article 30 After the expiration of the service life specified in this contract, Party A has the right to recover the right to use the land for sale without compensation, and obtain the ownership of the buildings and other attachments on the land. The land user shall return the land use certificate and go through the formalities for cancellation of registration of the land use right in accordance with the regulations.

Article 31 If the term of use specified in this contract expires, Party B shall submit the application for renewal to Party A within ____ days before the expiration of the land, and Party A shall determine the new land use with the consent of Party A. After the transfer of the right to transfer the transfer fee and other conditions, sign the renewal contract and re-apply the land use right registration procedures.

Article 32 During the existence of this contract, in special circumstances, according to the needs of the public interest, Party A may, in accordance with the statutory procedures, recover the right to use the land for sale in advance, and develop and utilize the land according to the years the land user has used. The actual situation is compensated accordingly.

Chapter 10 Force Majeure

Article 33. It is irresponsible for any party to perform part or all of the contract due to force majeure. However, all necessary remedies should be taken as conditions permit to reduce losses caused by force majeure.

Article 34 A party that has force majeure shall notify the other party in writing within ____ hours by letter or telegram, and within __ days after the incident, submit to the other party that the contract cannot be performed or partially failed to perform. Or a report that requires an extension of the reasons for the implementation.

Article 35 In addition to the explicit provisions of the national law itself, subsequent legislation or changes have no retrospective effect on this contract.

This contract may be amended and supplemented in accordance with subsequent legislation or legal changes, but must be submitted in writing and signed and agreed upon by both parties.

Chapter 11: Liability for breach of contract

Article 36 If a party fails to perform its obligations under this contract, it shall be deemed to be a breach of contract. The defaulting party shall be responsible for compensating the other party for all direct and vested losses arising from the breach of contract.

Article 37 If, due to the negligence of Party A, Party B causes the extension of the right to use the land, the time limit for the transfer of land use rights under this contract shall be postponed accordingly. The claim for loss caused by the extension shall be handled in accordance with Article 36 of this contract.

Article 38 If Party B is unable to pay any payables on time, from the date of the delay, the daily fee shall be paid at ____% of the fee payable.

Article 39 Party B does not construct according to the development plan on the land or does not invest in development and construction for two consecutive years. Except for the handling of Article 36 of this contract, Party A has the right to recover the land use right without compensation.

Article 40 If Party B fails to complete the construction of public facilities in accordance with the time limit and requirements stipulated in the contract, Party A shall notify Party A ____ a day before the specified completion date. If Party A deems it necessary, it may extend the date of completion as appropriate; if Party A is not notified within the prescribed time limit, or Party A has reason to believe that the above reason for the extension cannot be established and does not agree to the extension, Party A has the right to recover part of the land use without compensation. right. The proportion of land use rights in total land use rights is equal to the proportion of undeveloped public facilities that account for all developed utilities.

Article 41 After the issuance of the land use certificate, due to the special circumstances of force majeure, if Party B fails to recruit and arrange all the projects in the land within ____ years, Party A shall notify Party A at least ____ days before the specified date. If the two sides negotiate, the construction period stipulated in this contract may be extended as appropriate. Otherwise, Party A has the right to freely add or arrange the right to use the construction land.

Chapter 12 Notice

Article 42 The notices and communications required to be permitted by this contract, regardless of the manner in which they are transmitted, shall take effect from the time of actual receipt. The address of both parties should be:

person A person B:
Legal name _______; legal name _______;
Legal address _______; legal address _______;
Postal code _______; zip code _______;
Phone number _______; phone number _______;
Telex _______; telex _______;
Fax _______; fax _______;
Telegraph registration _______; telegraph registration ____;

Either party may change the above notice and mailing address, and notify the other party of the new address within ____ days after the change.

Chapter XIII Applicable Law and Dispute Resolution

Article 43 The conclusion, validity, interpretation, performance and settlement of disputes of this contract are protected and governed by the laws of the People's Republic of China.

Article 44 If a dispute arises from the execution of this contract, it shall be settled through negotiation by the parties to the dispute. If the negotiation fails, it may be submitted to the arbitration institution for arbitration or to the people's court with jurisdiction.

Chapter 14 Supplementary Provisions

Article 45 This contract shall become effective after being signed by the legal representatives of both parties.

Article 46 This contract shall be determined by two ___ texts, and the two languages ​​shall have the same legal effect. If there is any discrepancy between the two texts, the Chinese version shall prevail. The original Chinese version of the contract is ___ share, and each party holds ____ copies.

Article 47 This contract was signed in ___ __ __ __ in the Chinese _ province __ city.

Article 48 Matters not covered in this contract may be agreed upon by the parties as an attached file of the contract. The contract subsidiary file has the same legal effect as this contract.

Party A: People's Republic of China __ Province Party B: ____
____
Municipal Land Administration
Legal representative: ____ legal representative: ____

Land use conditions


I. Establishing a development company

1.1 Land users shall establish development enterprises engaged in land development and management in accordance with relevant laws and regulations of the PRC. The development enterprise shall obtain the land use right of the development area in accordance with the Provisional Regulations on the Transfer and Transfer of Urban State-owned Land Use Rights of the People's Republic of China. Development enterprises operate independently according to law, but they do not have administrative power in their development areas. The relationship between development enterprises and other enterprises is a business relationship.

The business activities of the development enterprise shall abide by the laws and regulations of the People's Republic of China and its legal rights and interests shall be protected by Chinese laws.

Second, the boundary pile fixed point

2.1 Within ____ days after the official signing of the “State-owned Land Right to Transfer Contract”, the ____ Municipal Land Administration Bureau and the development enterprise shall verify the inflection points of the coordinates marked by the red line. The area was verified without errors, and both parties signed the red line map on the land. The boundary piles shall be properly protected by the development enterprise and shall not be altered privately. When the boundary piles are damaged or moved, they shall promptly report to the Municipal Land Administration Bureau and request to re-burial.

Third, land use requirements

3.1 The land within the development area must comply with the land use specified in this contract.

3.2 Development and construction within the development area should meet the following requirements:

Building volume ratio ______;
Building density _______;
Total height of the building ________;
Attachment height ________;
Landscaping ratio _______;
Outdoor ground elevation _______.



3.3 The development enterprise shall prepare a piece of development plan and feasibility study report within the development area, 1 including the overall goal of development and construction; 2 the specific content and requirements of the development and construction phase 3 target development and 4 land use plan after development.

3.4 If the development area is within the scope of urban planning, the development plan prepared by the development enterprise must meet the requirements of the overall urban planning and be reported to the competent department of urban planning for approval according to relevant regulations. Strictly in accordance with the approved plan implementation, if it is necessary to amend, it must obtain the consent of the original approval authority.

Fourth, public facilities

4.1 All public facilities in the development area shall be constructed by the development enterprise within __ days from the effective date of this contract, and shall be constructed according to the approved lithographic development plan and brought to the current Chinese design and construction standards.

If the development enterprise invests in the production of public utilities such as power stations, heat stations, water plants, etc., it may be operated independently by the development enterprise or may be handed over to local public utilities. If the utility capacity is surplus, it needs to be supplied outside the region, or it needs to be networked with the facilities outside the region, the development enterprise shall sign a contract with the local public utility enterprise in accordance with relevant state regulations, and operate according to the conditions stipulated in the contract.

4.2 If the development enterprise needs to receive water, electricity, heat and other resources outside the region to provide contacts and services, it must sign a separate contract with the relevant departments of the Chinese government, and the local public utilities enterprises shall be responsible for the operation.

4.3 The post and telecommunications business in the development area shall be planned, constructed and operated by the post and telecommunications department. It may also be approved by the ___ postal and telecommunications authority, and the development enterprise shall invest and construct, or the development enterprise and the post and telecommunications department shall jointly establish a communication facility. After completion, it shall be handed over to the post and telecommunications department for operation, and shall be given economic compensation to the development enterprise according to the contract signed by both parties.

4.4 The development enterprise may construct and operate a dedicated port area and terminal in accordance with the unified planning of the national transportation authority. The development of regional plots involves coastal harbors or rivers and harbors, and the coastline is planned and managed by the state.

4.5 All the public facilities built by the development enterprise in the development area shall be owned by the development enterprise within the term of this contract or before the contract is terminated in advance.

4.6 After the completion of the public facilities, the development enterprise may form one or more joint ventures or cooperative enterprises for the purpose of developing and operating the public facilities in accordance with the laws of the PRC. During the term of this contract, the Chinese government may provide at the request of these enterprises. help.

4.7 The development enterprise must provide public facilities such as office space for the government administration and judicial administration departments in the development area according to the overall planning requirements.

4.8 The adjacent parties must cooperate with each other and grant the necessary neighboring rights to the other party as needed, as well as other rights to ensure the smooth flow of transportation and development between the development area and the adjacent area.

V. Design, construction, and completion

5.1 The architectural design and construction use in the development area must comply with the land use requirements and the development plan for the film, involving transportation, pipelines, fire protection, environmental protection, civil air defense, greening, etc., and must be submitted to the relevant competent authorities of the Chinese government for approval and construction. It is managed by a local government agency.

5.2 The development enterprise shall start construction according to the approved planning and design drawings and construction design drawings within ____ days of signing this contract, and build a standard or professional workshop of not less than ___ square meters before ___ ___ ___ day.

Sixth, the project introduction

6.1 The development company is responsible for attracting investors to invest in the development area, and guarantees that all construction projects in the area will be recruited and arranged within ____ years from the date of the issuance of the land use certificate. All construction projects within ____ year are completed and put into production.

6.2 Construction projects built in the development area shall be constructed in accordance with the requirements of the overall plan and submitted to the relevant departments of the Chinese government for approval according to the relevant provisions of the construction project approval management.

The state encourages the organization of advanced technology enterprises and product export enterprises. In the development areas where export processing enterprises are mainly concerned, special management measures that need to be taken in import and export management and customs management should be reported to the State Council for approval.

6.3 Organizing enterprises in the development area shall comply with the requirements of the state's investment industry policy. Projects that are subject to the following conditions may not be built:

a project that pollutes the environment;
Construction projects and production products prohibited or restricted by the Chinese government.

7. Supervision and inspection:

7.1 During the land use period, the _____ Municipal Land Administration has the right to supervise and inspect the land use within the red line of the development area.

7.2 The development company shall not occupy the land outside the red line for any reason without permission. Otherwise, it will be treated as illegal land occupation.

7.3 The development enterprise shall be constructed within the development area in accordance with the requirements of the specified land use and engineering design drawings.

7.4 The public facilities and above-ground buildings of the development enterprise in the development area shall not be arbitrarily demolished, rebuilt or reconstructed without the approval of the planning department. Otherwise, the relevant department has the right to order it to be reinstated or dismantled, and if it refuses to implement it, it may be mandatory and the expenses required shall be paid by the parties.