深圳经济特区土地使用权出让条例（修正） Regulations of Shenzhen Special Economic Zone on Assignment of Land-Use Right

(Originally adopted at the Twenty-third Meeting of the Standing Committee of the First Shenzhen Municipal People's Congress on. June 18, 1994. As revised for the first time in accordance with the Decision on Revising of Regulations of Shenzhen Special Economic Zone on Assignment of Land-use Right of the Second Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on September 15, 1995. As revised for the second time in accordance with the Decision on Revising of Regulations of Shenzhen Special Economic Zone on Assignment of Land-use Right of the Second Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on February 13, 1998.)
颁布日期：19980213 　实施日期：19980213 　颁布单位：深圳市人大常委会

　　Chapter I General Provisions

　　Article 1 In order to strengthen the administration of assignment of land-use right of Shenzhen Special Economic Zone (hereinafter referred to as the "Special Zone"), standardize the acts of assignment of land-use right, make appropriate use of land resources and protect the lawful rights and interests of the parties concerned, these regulations are hereby formulated in accordance with the specific conditions of the Special Zone.

　　Article 2 Transfer of land-use right in these regulations refers to the acts that the Shenzhen Municipal People's Government (hereinafter referred to as the " Municipal Government") assigns the state-owned land-use right to the land user for a certain number of years by means of auction, invitation to bid or reaching an agreement through consultations while the land user pays the fees for assignment of land-use right to the Municipal Government.

　　The land user shall pay the fees for land development and municipal accessory facilities to the Municipal Government.

　　The fees for assignment of land-use right, land development and municipal accessory facilities shall be paid in lump-sum.

　　Article 3 The Shenzhen Municipal Land Administration Department (hereinafter referred to as the "Land Administration Department") is the department in charge of the assignment of land-use right in the Special Zone, which assigns the land-use right in a uniform way and administers the land assigned. Other units shall not assign the land-use right.

　　The contract of assignment of land-use right (hereinafter referred to as the "Contract of Assignment") shall be concluded between the Land Administration Department and the land user.

　　In the case of conclusion or modification of the Contract of Assignment with the Land Administration Department, the land user must pay the fees of land development and municipal accessory facilities to the department.

　　Article 4 These regulations shall be applicable to the assignment of state-owned land-use right in the Special Zone. The underground natural resources and other treasure trove belong to the state and shall be excluded from the scope of assignment of land-use right.

　　Collectively-owned lands shall not be assigned unless having been requisitioned to be state-owned land according to law.

　　Article 5 Any company, enterprise, other organization and individual within or outside the People's Republic of China may, unless otherwise provided by law, acquire the land-use right in accordance with the provisions of these regulations.

　　Article 6 The land-use right acquired in accordance with these regulations may, within the tenure of use, be legally utilized, transferred, leased, mortgaged or used for other economic purpose by the land user, whose lawful rights and interests shall be protected by law.

　　Article 7 The land user shall abide by provisions of laws and regulations to develop, utilize and manage the land and shall not engage in any activities detrimental to the social public interests.

　　Article 8 The yearly plan of land development and supply, which drafted by the Land Admin

istration Department together with other pertinent administrative departments of the Municipal Government in accordance with the city planning of the Special Zone, the social economic development planning and the industrial policies, shall be uniformly organized and implemented by the Land Administration Department after being approved by the Municipal Government.

　　Article 9 The assignment of land-use right shall persist in the principle of combining it with the construction projects. Where there is not any construction project, the land shall not be supplied except for the assignment of land-use right by means of auction or invitation of bid in accordance with these regulations.

　　Article 10 The Municipal Government shall establish land development funds, which shall be collected by the Land Administration Department.

　　The land development funds are composed by land development and municipal accessory facilities fee, land use fee, increment fee of land value and other profits on the land.

　　Where the Municipal Government approves the fees for transfer of land-use right, fees for land development and municipal accessory facilities that are to be paid by the land user to be state-owned capital, or approves the Land Administration Department to invest with the land-use right, the investments shall be converted to share capital and their profit shall be reckoned in the land development funds.

　　Article 11 The Shenzhen Municipal Land Investment and Development Center (hereinafter referred to as "Development Center"), which established by the Municipal Government, shall utilize the land development funds to organize land development and municipal infrastructure construction in accordance with the utilization plan of the land development funds.

　　Article 12 The transfer fees of land-use right and land development funds shall be used for land development and municipal infrastructure construction and shall not be used for other purse.

　　The Land Administration Department shall make the yearly utilization plan of the transfer fees of land-use right and land development funds and submit them to the Municipal Government for approval.

　　The use of the transfer fees of land-use right shall be arranged by the Land Administration Department according to the plan, and the land development funds shall be used by the Development Center. The administrative department of finance of the Municipal Government shall take charge of supervision and verification, and the audit department of the Municipal Government shall carry out audit regularly.

　　The Municipal Government shall formulate the measures on the revenue and expenditure and administration of the transfer fees of land-use right and land development funds, and shall strengthen the administration of the transfer fees of land-use right and land development funds.

　　Article 13 The Land Administration Department shall report the revenue and expenditure and the utilization of the transfer fees of land-use right and land development funds to the Standing Committee of the Shenzhen Municipal People's Congress (hereinafter referred to as "Municipal Standing Committee of the People’s Congress”) every year.

　　The Municipal Administrative Department of finance and audit shall report the verification and audit of the transfer fees of land-use right and land development funds to the Municipal Standing Committee of the People’s Congress at the same time.

　　Article 14 The maximum term with respect to the transfer of land-use right 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 15 The land user shall handle the registration according to the Regulations of Shenzhen Special Economic Zone on Real Estate Registration (hereinafter referred to as "Regulations on Registration") and acquire the Real Estate Certificate after concluding the Contract of Assignment and paying off the transfer fees of land-use right and the land development and municipal accessory facilities fees in accordance with these regulations.

　　After concluding the Contract of Assignment but before obtaining the Real Estate Certificate of the land-use right of the land, the land user may occupy and use the land but may not dispose of it.

　　Chapter II Contract of Land-use Right Transfer

　　Article 16 The Contract of Assignment in written form shall be concluded by the land user and the Land Administration Department according to these regulations. Where the land user entrusts an agent to conclude the Contract of Assignment, the agent shall submit the authorized letter of attorney made by the consigner to the Land Administration Department. The authorized letter of attorney made by the corporations, organizations or individuals of Hong Kong, Macao, Taiwan or other countries shall be notarized or certified according to relevant rules.

　　Article 17 The Contract of Assignment shall contain the following principal clauses:

　　(1) names or titles and addresses of the parties;

　　(2) lot number and area of the land whose land-use right is to be transferred;

　　(3) year limits of the land-use right and its time of starting and ending;

　　(4) amount, currency, time and means of payment of the transfer fees of land-use right;

　　(5) time of delivery of the land;

　　(6) outline of the city pla

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