广东省城镇国有土地使用权公开招标拍卖管理办法 Guangdong Province, Administration of Public Invitation of Bids for and Aucti

n, liquidated damages of 10% of the total land premium may be charged.

　　If the winning bidder or the successful bidder has paid the land premium in full in accordance with regulations and the land administration authority fails to provide the granted land as agreed, the winning bidder or the successful bidder shall have the right to rescind the contract. The land administration authority shall refund twice the amount of the deposit, and the winning bidder or the successful bidder may additionally claim damages equal to 10% of the total amount of the land premium.

　　Article 19　The results of the bidding for or auction of municipal or county land shall be reported for the record to the land administration one level higher. The higher level land administration authorities shall supervise bids and auctions held by the lower level land administration authorities and may rectify non-standard bids and auctions. If a bid or auction violates laws, regulations or these Procedures, a higher level land administration authority may, after reporting to the people's government at the same level for approval, declare the bid or auction to be invalid. The responsible persons shall be liable to pay compensation for the losses caused.

　　Article 20　If the highest land premium offered by all of the bidders is lower than the reserve grant price or none of the bidders meets the conditions for the winning bid, the land administration authority that organized the bid may declare the bid or auction of the leaseholds terminated.

　　Article 21　If a member of the government working personnel accept bribes, divulges secrets, is derelict in his duties or practises graft during the course of land bidding or auction activities, he shall be given administrative punishments by his unit or the higher level authorities. If his acceptance of bribes, divulging of secrets, dereliction of duty or graft constitutes a criminal offence, the judicial authorities shall pursue his criminal liability according to law.

　　Article 22　If a bidder illegally obtains leaseholds by fraudulent or deceitful means, the land administration

authority shall recover the leaseholds and impose a fine of Rmb 15 per square meter, and the bidder's unit or higher level authority shall impose administrative penalties on the relevant responsible persons. If the illegal obtaining of land constitutes a criminal offence, the judicial authorities shall pursue criminal liability according to law.

　　Article 23　These Procedures shall be implemented as of 1 August 1998

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