Land use right transfer contract (6)

State-owned land use right transfer contract



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 relevant national and local laws and regulations, the two parties conclude this contract on the basis of equality, voluntariness and compensation.

Article 1 Party A shall transfer the land use right in accordance with this contract, and the ownership belongs to the People's Republic of China. The state and the government have jurisdiction over the jurisdiction and administrative powers granted by the law and other rights exercised by the state in accordance with the provisions of the People's Republic of China and the rights necessary for the public interest. Underground resources, buried objects and municipal utilities are not within the scope of land use rights.

Article 2 The parcels that Party A has transferred to Party B in the current situation are located at _____, parcel number ____, and the area is _____ square meters. The details of the location and four ranges and status quo are shown in the drawings of this contract. The drawings have been signed and confirmed by both Party A and Party B.

Article 3

Article 4 The term of the land use right under this contract shall be ____ years, counting from the date of receipt of the "State-owned Land Use Certificate of the People's Republic of China" of the land.

Article 5 The parcels under this contract shall be constructed ___ according to the approved overall plan.

If it is necessary to change the land use and land use conditions stipulated in this contract within the time limit for transfer, Party A shall obtain the consent of Party A, and re-sign 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 procedures.

Article 6 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 7 Party B agrees to pay Party A the land use right transfer fee, land use fee, land value-added tax at the time of transfer and the relevant national land fee according to the contract.

Article 8 The land use right transfer fee of the parcel is ______ yuan per square meter, and the total amount is ______ yuan.

Article 9 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 Party A as the deposit for the performance of the contract, and the deposit shall be paid.

Party B shall pay the full land use right transfer fee within 60 days after signing this contract. If the payment is not fully paid within ___ days, Party A shall have the right to terminate the contract and may request Party B to compensate for the losses caused by the breach of contract.

Article 10 After Party B pays Party A the full land use right transfer fee, 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 11 Upon expiration of the transfer period specified in this contract, Party A has the right to withdraw the right to use the parcel for free. The ownership of the buildings and other attachments on the land is also obtained free of charge by Party A. Land users should go through the registration procedures for land use rights and return land use certificates in accordance with the regulations.

If Party B needs to continue to use the parcel, it must submit an application for renewal to Party A before the expiration of ____ days, and after the renewal is approved, determine the new land use right transfer period and the transfer fee and other conditions, and re-sign the renewal transfer. Contract, handle the registration procedures for land use rights.

Article 12 During the existence of this contract, Party A shall not recover the land use right by adjusting the urban planning. However, under 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 parcel in advance, and compensate according to the years the land user has used and the actual situation of the land used for development.

Article 13 Party B shall invest in the development and utilization of land in accordance with this contract and the Land Use Conditions, and the investment must reach ___% of the total investment, and shall have the right to transfer or lease the right to use the balance of all or part of the land under this contract. .

The land use right of the parcel can be mortgaged, but the mortgage must be used for the development and construction of the parcel, and the interests of the mortgagor and the mortgagee are protected by law.

Article 14 During the period of land use, the government land administration department has the right to supervise and inspect the development, use, transfer, lease, mortgage and termination of the right to use the parcel.

Article 15 If Party B is unable to pay any payables on time, from the date of the delay, the late payment of ___% of the fees payable shall be paid.

Article 16 If Party B fails to comply with the provisions of the contract after obtaining the land use right, it shall pay the liquidated damages of __% of the payment; if it does not invest for two consecutive years, Party A shall have the right to recover the land use right without compensation.

Article 17 If Party B delays the occupation of land use rights due to the negligence of Party A, Party A shall compensate Party B for the liquidated damages ___%.

Article 18 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 19 The dispute arising from the execution of this contract shall be settled by the parties to the dispute through negotiation. If the negotiation fails, the parties agree to apply to the _____ Arbitration Commission for arbitration.

Article 20 After the transfer of the parcel plan has been approved by the first-level government, the contract shall be effective after being signed and sealed by the legal representatives of both parties.

Article 21 The original form of this contract is __ copies, and both parties A and B hold ___ copies.

The original ____ contract has the same legal effect.

This contract and the attached file "Land Use Conditions" are ___ pages, which are subject to Chinese writing.

Article 22 This contract was signed in the _____ year __ month __ in the ___ city of the People's Republic of China.

Article 23 The matters not covered in this contract may be agreed by the two parties as an attached file of the contract and have the same legal effect as this contract.

person A person B:
People's Republic of China ____ Province __________ _______ City Land Administration _____
Legal representative of legal representative
Land of the legal person: _____ Land of the legal person: ______
Bank Name: ______ Bank Name: _______
Account number: ________ Account number: _________
Postal code: ______ Postal code: _______
Phone number: ______ Phone number: _______
Attached files:

Land use conditions


First, the boundary pile fixed point

1.1 Within ____ days after the official signing of the “State-owned Land Use Right Transfer Contract”, both Party A and Party B shall verify the boundary points of all localities and places according to the coordinates marked on the map boundary site. Boundary piles shall be properly protected by land users and shall not be altered privately. When the boundary piles are damaged or moved, Party B shall immediately submit a written report to the local land administration department to apply for the restoration and restoration of the boundary piles.

Second, land use requirements

2.1 Party B shall meet the following requirements for the construction of buildings within the scope of the transfer of parcels:

The nature of the main building is defined as ______________;
Subsidiary building __________________;
Building volume ratio __________________;
Building density ___________________;
Building height limit ___________________;
Greening ratio ___________________;
Other relevant planning parameters are subject to the approval of the planning file.



2.2 Party B agrees to construct the following public welfare projects within the scope of the transfer of the parcels and agrees to provide free use:

_________________;
_________________;
_________________.

2.3 Party B agrees that the following projects of the Government may be constructed or passed at the planned location within the scope of the parcel without any compensation.

________________;
________________;
________________.

2.4 The buildings on the parcel must be constructed in strict accordance with the above requirements and approved engineering design drawings. Party B shall submit a set of engineering design drawings to Party A for reference within ___ days before the start of construction.

Third, urban construction management requirements

3.1 In terms of urban construction management including greening, city appearance, sanitation, environmental protection, fire safety, traffic management, design and construction, Party B shall comply with the relevant provisions of the State and _____.

3.2 Party B shall allow the various channels and pipelines laid by the government for the needs of public utilities to enter, exit, and pass through the green areas and other areas within the concession.

3.3 Party B shall ensure that government management, public security, firefighting, ambulance personnel and their emergency equipment and vehicles can smoothly enter the land during emergency rescue or official duties.

3.4 Party B shall be liable for compensation for any loss or damage to the state or individual caused by Party B's activities on its assigned land.

Fourth, construction requirements

4.1 Party B must complete the amount of construction work on the above-ground construction area not less than ___% of the total construction area of ​​the building before _____ years __ __ days.

4.2 Party B shall complete the work before __ __ __ day, and the extension of the completion shall be submitted to Party A for a sufficient reason for the extension of construction __ months before the expiration of the construction period, and the extension shall not exceed one year.

Except with the consent of Party A, from the date of expiration of the construction period specified in 4.1, on the date of completion of the prescribed construction quantity, beyond ____ years, Party A shall recover the land use right of the parcel without compensation and All buildings or other attachments on the plot.

V. Municipal infrastructure requirements

5.1 When Party B constructs in the transferred parcel, the relevant procedures for the use of water, gas, sewage and other facilities with the external line of the parcel and the substation and the introduction of the substation shall apply for the relevant procedures and pay the corresponding fees.

5.2 The land or its entrusted construction unit shall promptly repair or re-dispose the damage to the relevant open trenches, waterways, cables, other pipeline facilities and buildings in the adjacent sections due to the construction, and bear the corresponding expenses.

5.3 During the period of land use, Party B shall properly protect the municipal facilities within the parcel and shall not be damaged, otherwise it shall bear all expenses necessary for repair.