中华人民共和国城镇国有土地使用权出让和转让暂行条例 INTERIM REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA CONCERNING THE ASSIGN

国务院令第55号
（Promulgated by Decree No. 55 of the State Council of the People's Republic of China on May 19， 1990 and effective as of the date of promulgation）
颁布日期：19900519 　实施日期：19900519 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated in order to reform the system of using the State-owned land in the urban areas， rationally develop， utilize and manage the land， strengthen land administration and promote urban construction and economic development.

　　Article 2 The State， in accordance with the principle of the ownership being separated from the right to the use of the land， implements the system whereby the right to the use of the State-owned land in the urban areas may be assigned and transferred， with the exclusion of the underground resources， the objects buried underground， and the public works. The term “State-owned land in the urban areas” as used in the preceding paragraph refers to the land owned by the whole people （hereafter referred to as “the land”） within the limits of cities， county sites， administrative towns and industrial and mining areas.

　　Article 3 Any company， enterprise， other organization and individual within or outside the People's Republic of China may， unless otherwise provided by law， obtain the right to the use of the land and engage in land development， utilization and management in accordance with the provisions of these Regulations.

　　Article 4 Users of the land who have obtained the right to the use of the land in accordance with these Regulations may， within the term of land use， transfer， lease， or mortgage the right to the use of the land or use it for other economic activities， and their lawful rights and interests shall be protected by the laws of the State.

　　Article 5 Users of the land shall， in their activities to develop， utilize and manage the land， abide by the laws and regulations of the state and may not jeopardize the interests of the society and the public.

　　Article 6 The land administrative departments under the people's governments at or above the county level shall conduct supervision and inspection， according to law， over the assignment， transfer， lease， mortgage and termination of the right to the use of the land.

　　Article 7 The registration of the assignment， transfer， lease， mortgage and termination of the right to the use of the land and the registration of the above-ground buildings and other attached objects shall be handled by the land administration department and housing administration departments of the government in accordance with the law and the pertinent regulations of the State Council.

　　The registration documents shall be made available for public reference.

　　Chapter II The Assignment of the Right to the Use of the Land

　　Article 8 The assignment of the right to the use of the land refers to the act of the State as the owner of the land who， within the term of a certain number of years， assigns the right to the use of the land to land users， who shall in turn pay fees for the assignment thereof to the State. An assignment contract shall be signed for assigning the right to the use of the land.

　　Article 9 People's governments at the municipal and county levels shall be in charge of assigning the right to the use of land， which shall be effected in a planned， step-by-step way.

　　Article 10 he land administration departments under the people's governments at the municipal and county levels shall， in conjunction with the administrative departments for urban planning and construction and the housing administration departments， draw up a plan concerning the size and location， the purposes， the term， and other conditions with respect to the assigning of the right to the use of the land. The plan shall be submitted for approval in accordance with the limits of authority for approval as stipulated

by the State Council and shall then be implemented by the land administration departments.

　　Article 11 The contract for assigning the right to the use of the land shall be signed by and between the land administration departments under the people's governments at the municipal and county levels （hereinafter referred to as “the assigning party”） and the land users in accordance with the principle of equality， voluntariness and compensation for use.

　　Article 12 The maximum term with respect to the assigned right to the use of the land shall be determined respectively in the light of the purposes listed below：

　　（1） 70 years for residential purposes；

　　（2） 50 years for industrial purposes；

　　（3） 50 years for the purposes of education， science， culture， public health and physical education；

　　（4） 40 years for commercial， tourist and recreational purposes； and

　　（5） 50 years for comprehensive utilization or other purposes.

　　Article 13 The assignment of the right to the use of the land may be carried out by the following means：

　　（1） by reaching an agreement through consultations；

　　（2） by invitation to bid； or

　　（3） by auction.

　　The specific procedures and steps for assigning the right to the use of the land by the means stipulated in the preceding paragraphs shall be formulated by the people's government of the relevant province， automonous region， or municipality directly under the Central Government.

　　Article 14 The land user shall， within 60 days of the signing of the contract for the assignment of the right to the use of the land， pay the total amount of the assignment fee thereof， failing which， the assigning party shall have the right to terminate the contract and may claim compensation for breach of contract.

　　Article 15 The assigning party shall， in compliance with the stipulations of the contract， provide the right to the use of the land thus assigned， failing which， the land user shall have the right to terminate the contract and may claim compensation for breach of contract.

　　Article 16 After paying the total amount of the fee for the assignment of the right to the use of the land， the land user shall， in accordance with the relevant provisions， go through the registration thereof， obtain the certificate for land use and accordingly the right to the use of the land.

　　Article 17 The land user shall， in conformity with the stipulations of the contract for the assignment of the right to the use of land and the requirements of city planning， develop， utilize and manage the land.

　　Should any land user fail to develop and utilize the land in accordance with the period of time specified in the contract and the conditions therein， the land administration departments under the people's governments at the municipal and county levels shall make corrections and， in light of the seriousness of the case， give such penalties as a warning， a fine or， in an extreme case， withdrawing the right to the use of the land without compensation.

　　Article 18 If the land user needs to alter the purposes of land use as stipulated in the contract for assigning the right to the use of land， he shall obtain the consent of the assigning party and the approval of the land administration department and the urban planning department and shall， in accordance with the relevant provisions in this Chapter， sign a new contract for assigning the right to the use of the land， readjust the amount of the assignment fee thereof， and undertake registration anew.

　　Chapter III The Transfer of the Right to the Use of the Land

　　Article 19 The transfer of the right to the use of the land refers to the land user's act of re-assigning the right to the use of the land， including the sale， exchange， and donation thereof. If the land has not been developed and utilized in accordance with the period of time

specified in the contract and the conditions therein， the right to the use thereof may not be transferred.

　　Article 20 A transfer contract shall be signed for the transfer of the right to the use of the land.

　　Article 21 With the transfer of the right to the use of the land， the rights and obligations specified in the contract for assigning the right to the use of the land and in the registration documents shall be transferred accordingly.

　　Article 22 The land user who has acquired the right to the use of the land by means of the transfer thereof shall have a term of use which is the remainder of the term specified in the contract for assigning the right to the use of the land minus the number of the years in which the original land user has used the land.

　　Article 23 With the transfer of the right to the use of the land， the ownership of the above-ground buildings and other attached objects shall be transferred accordingly.

　　Article 24 The owners or joint owners of the above-ground buildings and other attached objects shall have the right to the use of the land within the limits of use of the said buildings and objects.

　　With the transfer of the ownership of the above-ground buildings and other attached objects by the land users， the right to the use of the land within the limits of use of the said buildings and objects shall be transferred accordingly， with the exception of the movables.

　　Article 25 With respect to the transfer of the right to the use of the land and of the ownership of the above-ground buildings and other attached objects， registration for the transfer shall be undertaken in accordance with the relevant provisions.

　　Divided transfer of the right to the use of the land and of the ownership of the above-ground build

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/