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Land use contract for foreign-invested enterprises (1)


GF-92-1004

Foreign investment enterprise land use contract


Article 1 The parties to this contract:

The People's Republic of China ____ Province ____ City Land Administration, legal address _______; zip code ______; legal representative: name ___ job ______.

______, legal address _____; zip code _____; legal representative: name _____; position ______.

According to the laws and regulations of the People's Republic of China on the management of land used by foreign-invested enterprises and relevant state regulations, the two parties have concluded this contract through friendly negotiation.

Article 2 The state-owned land provided by Party A to Party B is located at ______ and the area is ____ square meters. Its position and four to the extent are shown in the drawings of this contract. The drawings have been confirmed by both Party A and Party B.

Article 3 The land use period under this contract is ____ years, counting from the date of signature of this contract.

Article 4 Party B agrees to pay Party A the site usage fee, including land development fee and land use fee.

[or: Article 4 According to the joint venture or cooperative enterprise contract, Party A shall pay Party A the land use fee, including land development fee and land use fee, from _____ of Party B.

Article 5 The land development fee is ____ yuan per square meter, and the total amount is ____ yuan. Party B (or Chinese joint venture partner or partner) shall pay the full amount within ____ days from the date of signature of this contract.

After Party B has paid the entire land development fee within ____ days, Party A shall handle the land registration procedures for Party B and issue the “State-owned Land Use Certificate of the People's Republic of China”.

Article 6 The land use fee is ____ yuan per square meter. From the _____ year _ _ _ _ day, Party B shall pay Party A the land use fee for the year before ____________.

After five years of land use fee collection, Party A shall make corresponding adjustments according to the relevant provisions of the State [or _____ Province ____]. After adjustment, Party B shall pay land use fees according to the standard from the adjustment year.

[or: The land use fee will not be adjusted during the operation period of the joint venture.



Article 7 Except as otherwise provided in this contract, Party B shall remit the fees required by the contract to Party A's bank account within the payment period specified in this contract. Bank name: _______ bank _____ branch, account number ___.

If Party A’s bank account is changed, it shall notify the other party 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 the change in time.

Article 8 The land shall be used for the construction of the ____ project, and Party B shall use the land in accordance with the planning requirements and the prescribed purposes.

If Party B does need to change the land use within the term of this contract, Party A shall, after Party A's consent, go through the formalities for changing the land use.

Article 9 Party A agrees to undertake the land acquisition, demolition and relocation of the land, and the specific affairs of the boundary site, and deliver the land before the ______ date of ____.

Party B shall properly protect the boundary piles and shall not modify them privately. When the boundary piles are damaged or moved, Party A shall promptly report in writing to Party A requesting the re-construction, and the expenses shall be borne by Party B.

[Or: Article 9 Party B shall use the original site of the Chinese joint venture, and the boundary pillar of the original site shall be re-verified by Party A.

Article 10 When the land use period is over or Party B terminates the operation in advance, the contract is terminated at the same time. Party B shall return the land use certificate to Party A and go through the registration formalities. Party B shall have the right to dispose of the investment buildings and attachments in the land, but the time shall not exceed _____, and Party A shall obtain it free of charge during the time limit.

If Party B needs to continue to use the land, it must submit an application for renewal of land to Party A before the expiration of six months. After Party A's consent, it must re-sign the land use contract before it can be used.

Article 11 The land use right obtained by Party B through the transfer method in accordance with this contract shall not be transferred, leased or mortgaged. If it is necessary to transfer, lease or mortgage, it must go through the transfer procedures and pay the transfer fee 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.

Article 12 If Party B cannot pay the land use fee on time, from the date of the delay, the late payment fee of ____% of the payable amount shall be charged on a daily basis. If the late period is more than six months, Party A has the right to recover the land use right without compensation.

Article 13 If, due to the negligence of Party A, Party B delays the possession of land use rights, the land use period under this contract shall be postponed accordingly, and Party B has the right to request compensation.

Article 14 If Party B does not invest in construction on the land for two consecutive years, Party A has the right to recover the right to use the land. The land paid by Party B will not be refunded.

Article 15 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 16 The dispute arising from the execution of this contract shall be settled through negotiation between the parties to the dispute. If the negotiation fails, it may be submitted to the arbitration institution or to the competent people's court.

Article 17 This contract shall become effective after being signed by the legal representatives of both parties.

Article 18 All dates of this contract are Gregorian calendars.

Article 19 This contract shall be signed in ____ copies, and both parties shall hold ____ copies.

Article 20 This contract was signed in the _____ province ____ city of the People's Republic of China on ____________________

Article 21 Matters not covered in this contract may be agreed upon by the parties as an attached file of the contract. The sub-file of this contract is an integral part of the contract and has the same legal effect as this contract.

Party A: Party B of the People's Republic of China _ Province: ______

____ City Land Administration
Legal representative ____ legal representative ____

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