Land use right transfer contract (2)

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;

Transferee: ____________;

According to the "Provisional Regulations on the Transfer and Transfer of Urban State-owned Land Use Rights of the People's Republic of China" and the "Interim Administrative Measures for the Development and Management of Foreign-invested Lands" and the relevant national and local regulations, the two sides adopt friendly consultations on the principle of equality, voluntariness and compensation. , enter into this contract.

Article 2 Party A shall transfer the right to use the land in accordance with the law and this contract. The ownership of the land belongs to the People's Republic of China. Underground resources and buried objects are not within the scope of land use rights.

Article 3 The land use right transferred by Party B under this contract. It 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; but activities not permitted by the laws of the People's Republic of China shall not be allowed. 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” refers to the scope of Party B’s transfer of land use rights to Party B under this contract, which is the scope defined in Article 5 of this contract.

2. “Overall planning” refers to the overall plan for land use and development and construction in the _______ development area approved by the Chinese government.

3. “Planning Development Plan” refers to the specific arrangement and arrangement of various constructions within the scope of the transfer of land use rights approved by the Chinese government, and the land use plan after development, which is prepared according to the overall plan.

4. “Utilities” refers to the comprehensive development and construction of the plots in accordance with the development plan of the film, and the facilities for water supply and drainage, power supply, heat supply, roads, communications, etc. for public use.

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 ______. .

The total area of ​​the land referred to in Article 6 Article 5 is _____ square meters.

Article 7 The term of the land use right under this contract shall be ______ years; counting from the date of obtaining the land use certificate of the State Land of the People's Republic of China.

Chapter IV Land Use

Article 8 The transfer plots under this contract and the approved master plan are to establish an industrial zone based on the opening and operation of industrial projects, and also allow ___% of the land to open 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 and the "land use conditions" stipulated in Article 8 of this contract, Party A shall obtain the consent of Party A, re-sign the land use right transfer contract in accordance with relevant regulations, and adjust the land use right transfer fee. And handle the registration procedures for land use rights change.

Chapter V Land Expenses and Payments

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

Article 12 The land use right transfer fee of the land parcel 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 ___% of the total land use right transfer fee by cash cheque or cash to Party A as a performance deposit, and the deposit shall be paid.

Party B shall pay the full land use right transfer fee within ____ days after signing this contract.

Article 14 Within ____ days after Party A pays Party A the transfer fee for all land use rights, Party B shall apply for the registration of land use rights 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 annually from the beginning of ____ in accordance with government regulations, and the payment time is ____________________________________________________________________________________________________________________________________ The land use fee is ______ yuan per square meter per year.

Article 16 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 is _______.

If Party A's bank or account number 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 17 After implementing the development plan for the film and completing the construction of all public facilities and forming the conditions for industrial land and other construction land, Party B shall have the right to transfer the remaining use rights of all or part of the land under the contract.

Article 18 The transferee 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 contract of assignment signed by both parties shall not violate the laws and regulations of the People's Republic of China and the provisions of this contract.

Article 19 Party B shall notify Party A before the date of the transfer. The transferor shall, within ___ days after the signing of the transfer contract, send the original of the transfer contract and the relevant subsidiary files to the local land administration department, apply for the registration formalities for the change of land use rights, exchange the land use certificate, and pay the land value according to the relevant provisions of the State. tax.

Article 20 The rights and obligations contained in this contract and the registration file shall be transferred from the date of the entry into force of the contract of assignment.

Article 21 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 provisions.

Chapter VII Land Use Rights Leasing

Article 22 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 shall have the right to be the lessor under this contract. Or the rest of the land use rights are leased to the lessee along with the buildings and other attachments on the ground.

Article 23 The lease contract signed between the lessor and the lessee shall not violate the laws and regulations of the People's Republic of China and the provisions of this contract.

Article 24 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 procedures in accordance with the regulations.

Article 25 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 26 Party B has the right to make one or several mortgages to one or several mortgagors for all or part of the rest of the land use rights under this contract. The mortgage contract signed by the mortgagor and the mortgagee shall not violate the laws and regulations of the People's Republic of China and the provisions of 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 27 Party B shall notify Party A before the date of making the mortgage ___. Party B shall, within ___ days after the signing of the mortgage contract, send the mortgage contract and the notarized promissory notes and the relevant subsidiary files obtained to the local land administration department for registration of the land use right mortgage registration.

A mortgagee or a third party who obtains the right to use the mortgaged land in accordance with the relevant provisions for the mortgaged property shall, within ___ days after the realization of the mortgage, complete the registration formalities for the change of the land use right.

Article 28: Substituting Party B’s mortgagee or third party in accordance with Article 27 shall enjoy and assume the rights and obligations stipulated in the contract.

Chapter IX expires

Article 29 If the term of use specified in this contract expires, Party A shall have the right to recover the right to use the land for sale without compensation, and obtain the ownership of the building and other attachments without compensation. 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 30 If the term of use specified in this contract expires, Party B shall submit the application for renewal to Party A before the expiration of __ days, and shall determine the new land use right with the consent of Party A. After the transfer period and the transfer fee and other conditions, the renewal contract will be signed and the land use right registration procedure will be re-applied.

Article 31 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 32. 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 33 A party that has force majeure shall, within __ hours, notify the other party in writing of the case 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 11 Liability for breach of contract

Article 34 If a party fails to perform its obligations under this contract, it shall be liable for breach of contract.

Article 35 If, due to the negligence of Party A, Party B causes the extension of the right to use the land, Party A shall compensate Party B for the liquidated damages of __%.

Article 36 If Party B fails to carry out construction according to the development plan on the land, it shall pay the liquidated damages of ___%; if Party B has not invested in construction for two consecutive years, Party A shall have the right to recover the land use of the land without compensation. right.

Article 37 If Party B is unable to pay any payables on time, the late payment fee shall be paid ___% of the fees payable from the date of the delay.

Article 38 If Party B fails to complete the construction of public facilities in accordance with the time limit and requirements specified in the contract, Party A shall notify Party A at least ____ days before the date of completion of the regulations. If Party A deems it necessary, it may extend the completion date 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 right without compensation. . 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 39 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 withdraw and arrange the right to use the construction project land without compensation.

Chapter 12 Notice

Article 40 Notices and communications required or 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:
The residence of the legal person _______; the residence of the legal person _______;
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 41 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 42 Any dispute arising from the execution of this contract shall be settled by the parties to the dispute through negotiation. If the negotiation fails, both parties agree to apply to the _____ Arbitration Commission for arbitration.

Chapter 14 Supplementary Provisions

Article 43 This contract shall be signed by the legal representatives of both parties and shall become effective upon approval by the competent government.

Article 44 This contract is written in two languages: the two languages ​​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 __ copies, and each party holds __ copies.

Article 45 This contract was signed in the ___ city of China ____________.

Article 46 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.

person A person B:
People's Republic of China _____ Province___________ City
____ Land Administration _______
Legal representative legal representative
________________

Attached files:
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 the relevant laws and regulations of the People's Republic of China. The development enterprises shall obtain land use rights in the development areas 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 there is no administrative power and jurisdiction 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 the laws of the People's Republic

Second, the boundary pile fixed point

2.1 After the official signing of the State-owned Land Use Right Transfer Contract was signed ___ day, the ____ Municipal Land Administration Bureau and the development enterprise shall verify the boundary pillars of the indicated coordinates according to the site of the ambassador map. Signature confirmation. The boundary piles shall be properly protected by the development enterprise and shall not be altered by themselves. When the boundary piles are damaged or moved, they shall promptly report to the _____ Municipal Land Administration Bureau, request the restoration of the boundary site measurement, and re-burial of the boundary piles.

Third, land use requirements

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

3.2 The land used for living facilities in the development area shall be controlled within __% of the total land use.

3.3 The development enterprise shall prepare a piece of development plan within the development area, and the piece development plan shall be implemented after approval.

3.4 The development area within the scope of urban planning, the development plan developed by the development enterprise must meet the requirements of the overall urban planning, and report to the provincial government 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 completed by the development enterprise within ___ days from the effective date of this contract and shall meet 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 ___ provincial postal and telecommunications authorities, and the development enterprise shall invest, 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. When the development area is related to a coastal harbor or a river-building section, the shoreline is planned and managed by the state.

4.5 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 People's Republic of China.

4.6 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.

4.7 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 construct the ground 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 the ____ __ 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 district will be recruited and arranged within ___ years from the date of the issuance of the land use certificate. ___ All construction projects are completed and put into operation during the year.

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

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:

Projects that pollute the environment and do not comply with the prescribed environmental protection measures;

Construction projects and production products prohibited by the Chinese government.