Land use right transfer contract (5)

GF-91-0702

State-owned land use right transfer contract


Article 1 The parties to this contract

Transferor: People's Republic of China __省__ City Land Administration: legal address ____; zip code __; legal representative: name __; position ___.

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

According to the "Interim Measures for the Transfer and Transfer of Urban State-owned Land Use Rights of the People's Republic of China" and the "Implementation Measures for the Transfer of ___ Provincial State-owned Land Use Rights Transfer" and relevant state regulations, the two parties shall enter into this contract on the basis of equality, voluntariness and compensation.

Article 2 Party A shall transfer the right to use the land in accordance with this contract. The land ownership belongs to the People's Republic of China, and underground resources, buried objects and municipal public facilities 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 in accordance with relevant regulations within the useful life.

Party B's activities in the development, utilization and operation of land within the scope of the transfer of land use rights shall comply with the laws and regulations of the People's Republic of China and the relevant provisions of the province, and shall not harm the public interest, and its legal rights and interests shall be protected by law.

Article 4 The land parcels assigned by Party A to Party B are located at ____, with an area of ​​____ square meters. Its position and four to the extent are shown in the drawings of this contract. The drawings have been confirmed by both A and B.

Article 5 The term of the land use right under this contract shall be __ years, counting from the date of the issuance of the State-owned Land Use Certificate of the People's Republic of China.

Article 6 The land parcels under this contract shall be constructed according to the approved overall plan.

.

Within the time limit for transfer, if it is necessary to change the land use stipulated in this contract, it shall obtain the approval of Party A and the urban planning administrative department, re-use the land use right transfer contract in accordance with relevant regulations, adjust the land use right transfer fee, and handle the land use right registration. formalities.

Article 7 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 8 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.

Article 9 The land use right transfer fee of the land parcel is RMB __ yuan per square meter, and the total amount is ___ yuan.

Article 10 After the signing of this contract by both parties, within ___ days, Party B shall pay the total amount of the land use right transfer fee of __% of the total amount of the land use right transfer fee to Party A as a deposit for the performance of the contract.

Party B shall pay the full land use right transfer fee within 60 days after signing this contract. If the payment is not completed within __ days, Party A has the right to cancel the contract and may request Party B to compensate.

Article 11 After Party B pays Party A the transfer fee for all land use rights, Party B shall, in accordance with the provisions, go through the registration procedures for land use rights and obtain the "State-owned Land Use Certificate of the People's Republic of China" to obtain the land use right.

Article 12 Party B agrees to pay the land use fee year by year according to the government regulations from the beginning of __ year, and the payment time is __month __ day of the current year. Land use fees are ___ yuan per square meter per year.

Article 13 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 14 Unless otherwise stipulated in the contract, Party B shall remit the fees required by the contract to Party A's bank account number 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 delayed charges caused by Party A's failure to notify such changes in a timely manner.

Article 15 If the period of transfer specified in this contract expires, Party A shall have the right to withdraw the right to use the land for sale. The ownership of the building and other attachments on the site shall also be obtained by Party A free of charge. The land user shall return the land use certificate and go through the registration procedures for the use of the land use rights in accordance with the regulations.

If Party B needs to continue to use the land, Party B shall submit a renewal application to Party A within ___ days before the expiration date, and sign a renewal with Party A after determining the new land use right transfer period and the transfer fee and other conditions. Contract, and re-register the land use rights registration procedures.

Article 16 Either party shall not be liable for delays caused by force majeure and no fault at its own right or failure to perform its contractual obligations. However, all necessary remedies must be taken to reduce the damage caused.

In the event of force majeure, the circumstances of the incident shall be notified to the other party by letter or telegram in ___ hours, and within __ days after the incident, the other party shall submit to the other party that the contract cannot be performed or partially failed to perform and the reasons for the extension need to be extended. report.

Article 17 If Party B is unable to pay any payables on time, from the date of the delay, the late payment fee shall be paid at ___% of the fee payable.

Article 18 If Party B fails to invest in construction according to the contract or for two consecutive years, Party A has the right to recover the land use right without compensation.

Article 19 If Party B delays the occupation of land use rights due to the negligence of Party A, the time limit for the transfer of land use rights under this contract shall be postponed accordingly. Party A shall bear all economic losses caused by Party B.

Article 20 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 21 Any dispute arising from the execution of this contract shall be settled through negotiation between the parties to the dispute. If the negotiation fails, the arbitration institution may be invited to arbitrate or bring a suit in a people's court with jurisdiction.

Article 22 Notices and communications required or permitted by this contract, regardless of the manner in which they are transmitted, shall become effective upon actual receipt. The address of both parties should be:

person A person B:
Legal name __; legal name __;
Legal address ___; legal address ___;
Postal code ___; postal code ___;
Phone number __; phone number __;
Telex __; telex __;
Fax __; fax __;
Telegraph registration __; telegraph registration __;

Either party may change the above notice and mailing address, and the new address shall be known to the other party within __ days after the change.

Article 23 This contract shall become effective after being signed by the legal representatives of both parties.

Article 24 This contract is written in two languages: ___, which 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 both parties hold ___ copies.

Article 25 This contract is signed in China__省__市 in __年__月__日.

Article 26 Matters not covered in this contract may be agreed upon by the parties as an attached file of the contract.

Party A: People's Republic of China __省__乙:___
__
Municipal Land Administration
Legal representative: __ legal representative __

__year month day

Land use conditions


First, the boundary pile fixed point

1.1 After the official signing of the “State-owned Land Use Right Transfer Contract” was signed, the __ Municipal Land Administration Bureau, together with the land use person, verified the inflection points of the coordinates marked by the red line. After the area is verified, both parties sign the red line map of the land. The boundary piles shall be properly protected by the landlord and shall not be altered privately. When the boundary pile is damaged or moved, it shall promptly report to the Municipal Land Administration Bureau and request to re-burial.

Second, land use requirements

2.1 Land use by the landlord in the construction of the red line map should meet the following requirements:

The nature of the main building is defined as ___;
Subsidiary building _____;
Building volume ratio ___;
Building coverage _____;
The total construction area does not exceed _________ square meters;
Building level, highest / average _____ layer;
Greening ratio ____________;
Outdoor ground elevation ___________;
All buildings shall be designed in accordance with the current national architectural design standards and regulations.



Third, public welfare projects

3.1 Land users indicated that they agreed to construct the following public welfare projects within the scope of the red line of land and agreed to provide them free of charge.

____ 公 public toilet
Community public parking lot
Bicycle shed
switch room



3.2 Land users agree that the following projects of the Government may be constructed or passed at planned locations within the red line without any compensation.

_____________
_____________

Fourth, design, construction, completion

4.1 The architectural design and construction use within the red line must meet the land use requirements, involving transportation, pipelines, fire protection, environmental protection, civil air defense, navigation channels, etc., and must be submitted to the relevant competent authorities for approval and construction, and sent by the local government. Institutional management, all costs incurred by the organization are borne by the land users.

4.2 The landlord shall start construction in accordance with the approved planning and design drawings and construction design drawings within ____ days from the date of signing this contract. The area of ​​the building completed before __Year__月__ is not less than ____ square meters.

4.3 For large-scale and special complex projects, it is difficult to carry out the construction time of the ground in accordance with the above requirements. The landlord should submit sufficient reasons to the Municipal Land Administration for extension of the application within __ days before the expiration of the construction period. And the duration may not exceed __ day.

4.4 Land users should complete the work before _________, and the city land management department has the right to recover the land use right and revoke its "state-owned land use certificate", and its above-ground buildings are returned to the country without compensation. all.

V. Construction maintenance activities

5.1 When constructing and maintaining activities within the red line of land users, the responsibilities for the surrounding environment and facilities include:

The building materials or wastes belonging to them shall not encroach on or destroy the land and facilities other than the red line map.

If you need to temporarily occupy the municipal road, you should report it to the municipal public security department for approval.

If the land outside the red line is to be used temporarily, it should be negotiated with the landlord; if the land is not approved by the government, it should be reported to the municipal land administration for approval and the land fee should be paid as required.

No material shall be dumped, stored, or subjected to any engineering activities on public land without the approval of the relevant department.

Land users must ensure that sewage, dirt, odors or environmental discharges within the scope of land use should be reliably excluded and must not damage the surrounding environment.

During the land use period, the landlord shall properly protect all urban municipal facilities within the lot to avoid damage, otherwise, all costs of the repair project shall be borne.

5.2 Land users may not open, eradicate or excavate land in adjacent areas.

5.3 Before constructing a building or maintenance project, the landlord must find out the location of the open channels, waterways, cables, wires and other facilities common to the lot or adjacent sections, and report to the relevant department the plan for handling the facilities; No work may be started until it is approved. The cost of basic diversion, re-laying or installation is the responsibility of the land user.

Sixth, water supply, power supply

6.1 Water used by land users should sign a water supply contract with the municipal water company.

6.2 The electricity required by the landlord should be signed with the Municipal Power Supply Bureau.

6.3 The landlord is responsible for the water, electricity and road junctions.

Seven, supervision and inspection

7.1 During the period of land use, the municipal land administration department has the right to inspect and supervise the land use within the red line of the land user, and the land use may not refuse or obstruct.

7.2 The landlord shall not occupy the land outside the red line for any reason; otherwise, it shall be disposed of according to the illegal land occupation.

7.3 Land users should be constructed in accordance with the requirements of the specified land use and engineering design drawings within the scope of land use.

7.4 Landlords shall not arbitrarily dismantle or rebuild or reconstruct buildings within the scope of land use 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 enforced and the expenses required shall be paid by the landlord.