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Land transfer contract template


Chapter I General Provisions

Article 1 The parties to this contract:

Transferor: People's Republic of China _______ Province ______ City _____________;

Transferee: ________________________________________________________. According to the Land Administration Law of the People's Republic of China, the Urban Real Estate Management Law of the People's Republic of China, the Contract Law of the People's Republic of China and other laws, administrative regulations and local regulations, the two sides are equal and willing to do so. The principle of compensation, honesty and credit, and the conclusion of this contract.

Article 2 The transferor shall grant the right to use the land in accordance with the law, and the ownership of the transferred land shall be the People's Republic of China. The state has jurisdiction over the constitution and the law, administrative powers, and other rights exercised by the state in accordance with the laws of the People's Republic of China and the rights necessary for the public interest. Underground resources, buried objects and municipal utilities are not included in the scope of land use rights.

Chapter II Transfer of Land Transfer and Payment of Transfer Fee

Article 3 The parcels assigned to the transferee are located at ________________________, the parcel number is __________, and the total area of ​​the parcels is ________________________ square meters, of which the land area is __________________________ square meters. The coordinates of the four parcels and the boundary points of the parcels are shown in the attached file "Transfer Parcel Boundary Map".

Article 4 The purpose of the transfer of the parcel under this contract is ____________________________________________.

Article 5 The transferor agrees to deliver the transfer of the parcel to the transferee before the date of ___ ___ ___, and the transferor agrees that the land shall meet the land stipulated in paragraph ___ of this article when the land is delivered condition:

To achieve site leveling and surrounding infrastructure ___通通, ie pass _______________________________.

The surrounding infrastructure has reached ___通, that is, ____________________________, but the site has not been demolished and leveled, and the status of buildings and foundations is as follows: ______________________________________.

Current land conditions.

Article 6 The term of the land use right under this contract shall be _________________, and shall be counted from the date on which the transferee actually delivers the land, and the land use right shall be transferred to the transfer formalities. The transfer period shall be counted from the date of signing the contract. .

Article 7 The land use right transfer fee for the parcels under this contract is _____________________ yuan per square meter of RMB; the total amount is RMB _____________________ yuan.

Article 8 After the contract has been signed by both parties, within ___ days, the transferee shall pay the renminbi capital ____________________ yuan to the transferor as the deposit for the performance of the contract. The deposit is paid as a land use right transfer fee.

Article 9 The assignee agrees to pay the above land use right transfer fee to the transferor in accordance with the provisions of paragraph ____ of this Article.

Within ___ days from the date of signing this contract, the above-mentioned land use right transfer fee shall be paid in one lump sum.

The land use right transfer fee is paid to the transferor in the ___ period according to the following time and amount.

The first period of RMB capitalization _________________ yuan, payment time: ___ years ___ months ___ days before.

The second period of RMB capitalization _________________ yuan, payment time: ___ years ___ months ___ days before.

The first period of RMB capitalization _________________ yuan, payment time: ___ years ___ months ___ days before.

If the land transfer fee is paid in installments, the transferee shall pay the corresponding interest to the transferor according to the bank's loan interest rate during the second and subsequent land transfer fees.

Chapter III Land Development, Construction and Utilization Article 10 After the signing of this contract, ___ days, both parties shall verify the boundary points of all localities according to the coordinates marked on the attached file “Transfer of the Parcel Site Map”. The transferee shall properly protect the land boundary piles and shall not arbitrarily modify them. When the boundary piles are damaged or moved, the transferee shall immediately submit a written report to the transferor, apply for the boundary measurement, and restore the boundary piles.

Article 11 Where the assignee constructs a new building within the scope of the parcel under this contract, the following requirements shall be met:

The nature of the main building ___________________;

The nature of the ancillary building ___________________;

Building volume ratio ___________________;

Building density ___________________;

Building height limit ___________________;

Green area ratio ___________________;

Other land use requirements _______________________________________.

Article 12 The transferee agrees to construct the following works within the scope of the parcel under this contract and hand it over to the government without compensation after completion:

_______________________;

_______________________;

_______________________.

Article 13 The transferee agrees to start construction before the ___ year ___ month ___ day.

If the construction cannot be started on schedule, the extension application shall be submitted to the transferor 30 days in advance, but the extension may not exceed one year.

Article 14 When the transferee undertakes construction in the transferred parcel, the relevant water, gas, sewage and other facilities shall be handled in accordance with relevant regulations in connection with the external line of the parcel and the substation and the introduction of the substation.

The assignee agrees that the various pipelines and pipelines laid by the government for the needs of the public utilities will enter, exit, and pass through the transferred parcels.

Article 15 The transferee shall, within 30 days from the date of payment of the transfer fee for all land use rights as stipulated in this contract, shall hold this contract and the land use right transfer payment voucher, apply to the transferor for land registration, and receive the The State-owned Land Use Certificate will be used to transfer land use rights.

The transferor shall, within 30 days from the date of accepting the application for land registration, handle the transfer of the land use right for the transferee in accordance with the law and issue the “State-owned Land Use Certificate”.

Article 16 The transferee must use the land reasonably according to law, and the transferee shall be liable for compensation for all activities on the transferred parcel that may not damage or damage the surrounding environment or facilities and cause losses to the state or others.

Article 17 During the period of transfer, the transferee must use the land in accordance with the land use and land use conditions stipulated in this contract. If it is necessary to change the land use and land use conditions stipulated in this contract, the relevant approval procedures must be handled in accordance with the law. The transferor applies, obtains the consent of the transferor, signs the land use right transfer contract change agreement or re-signs the land use right transfer contract, adjusts the land use right transfer fee accordingly, and handles the land change registration.

Article 18 The government reserves the right to adjust the urban planning of the parcels under this contract. If the original land use plan is modified, the existing buildings in the parcel will not be affected, but the parcel buildings will be attached during the period of use. When the project is rebuilt, rebuilt, rebuilt or the application for renewal of the term expires, it must be implemented according to the effective plan at that time.

Article 19 The land use right obtained by the transferor in accordance with the law shall not be recovered before the expiration of the service life stipulated in this contract; in special circumstances, if the land use right needs to be withdrawn in advance according to the public interest of the society, the transferor shall comply with The statutory procedure is submitted for approval and the corresponding compensation is given to the transferee based on the value of the building on the ground, the value of other attachments and the price of the land use right for the remainder of the period.

Chapter IV Transfer, Lease and Mortgage of Land Use Rights Article 20 The transferee has paid the transfer fee for all land use rights in accordance with this contract, and obtained the “State-owned Land Use Certificate”. After obtaining the right to use the land, the transferee has the right to All or part of the land use right under the contract shall be transferred, leased or mortgaged. However, when the land use right of the remaining period is transferred for the first time, the transferor shall determine that it meets the conditions stipulated in the following paragraph __:

Investing and developing according to the provisions of this contract, completing more than 25 percent of the total investment in development;

In accordance with the provisions of this contract for investment and development, the formation of industrial land or other construction land conditions.

Article 21 The transfer, mortgage, transfer and mortgage of land use rights shall sign a written transfer or mortgage contract; if the land use right is leased for more than six months, the lessor and the lessee shall also sign a written lease contract.

The transfer, mortgage and lease contract of land use rights shall not violate the provisions of national laws, regulations and this contract.

Article 22 The transfer of land use rights, the rights and obligations specified in this contract and the registration file shall be transferred accordingly. After the transfer, the service life of the land use right shall be the service life agreed upon in the contract minus the years of use. The remaining years. After all or part of the land use right under this contract is leased, the rights and obligations stated in this contract and the registration file are still borne by the transferee.

Article 23 Transfer, lease and mortgage of land use rights, transfer, lease and mortgage of above-ground buildings and other attachments; transfer, lease and mortgage of above-ground buildings and other attachments, transfer and lease of land use rights ,mortgage.

Article 24 Where the land use right is transferred, leased or mortgaged, the parties to the transfer, lease and mortgage shall, within 30 days from the date of signing the corresponding contract, hold this contract and the corresponding transfer, lease, mortgage contract and the use of state-owned land. Certificate, go to the land administrative department to apply for land registration.

Chapter V Term expires Article 25 If the term of use stipulated in this contract expires and the land user needs to continue to use the parcels under this contract, the application for renewal shall be submitted to the transferor no later than one year before the expiration. If the land under this contract needs to be recovered according to the public interest of the public, the transferor shall approve it.

If the transferor agrees to renew the transfer, the transferee shall go through the formalities for paid land use in accordance with the law, and re-sign the land use contract with the transferor to pay the land use fee.

Article 26 If the land transfer period expires and the transferee fails to file an application for renewal or if it is not renewed in accordance with the provisions of Article 25 of this contract, the transferee shall return the State-owned Land Use Certificate. The transferor shall reclaim the land use right on behalf of the state and handle the land use right cancellation registration in accordance with the regulations.

Article 27 If the land transfer period expires and the transferee fails to apply for renewal, the land use rights and the above-ground buildings and other attachments under this contract shall be recovered by the transferor on behalf of the state without compensation. The transferee shall maintain the above-ground buildings. The normal use function of other attachments shall not be destroyed by human beings. If the buildings and other attachments on the ground lose their normal functions, the transferor may require the transferee to move or dismantle the buildings and other attachments on the ground to restore the site.

Article 28 If the land transfer period expires and the transferee files an application for renewal and the transferor fails to approve the renewal according to the provisions of Article 25 of this contract, the land use right shall be recovered by the transferor on behalf of the state without compensation, but for the land For buildings and other attachments, the transferor shall compensate the transferee according to the residual value of the buildings and other attachments on the ground at the time of recovery.

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