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

nning and municipal design;

　　(7) time of check for acceptance upon completion of the project;

　　(8) projects of constructing the municipal accessory facilities and corresponding obligations of construction;

　　(9) the restrictions on the use of adjacent land and roads;

　　(10) projects of construction of associated and attached accessory facilities and the corresponding obligation of construction;

　　(11) liability for breach of contract; and

　　(12) other clauses that the parties consider to be necessary.

　　The map of the land shall be enclosed in the Contract of Assignment as part of the contract.

　　Article 18 Where the land user has any objection to the ownership, development and accessory facilities of the land to be transferred, he shall lodge such objection 10 days before the Land Administration Department notifying him of conclusion of the Contract of Assignment. But the aforesaid provision shall not be applicable to the land-use right transferred through auction or invitation of bid.

　　Since the date of conclusion of the Contract of Assignment, the land is regarded as delivered.

　　Article 19 The Contract of Assignment shall be legally binding once concluded according to law and the parties shall fulfill their respective obligations thoroughly in accordance with the terms of the contract. Neither party may unilaterally modify or rescind the contract.

　　Article 20 Where the land user does not pay the transfer fees of land-use right within time limit specified by the Contract of Assignment, each day since the date of overdue, he shall be charged of an overdue fine of 0.05% of the land-use right fees that is overdue. The Land Administration Department may rescind the Contract of Assignment and take the land-use right in case the overdue land-use right fees are still unpaid off after 60 days from the payable date.

　　Where the land user only pays earnest money or caution money, such money shall not be returned.

　　Where the land user serves the earnest money or caution money as the land-use right fees, such money shall not be re

turned. The Land Administration Department shall deduct 20% of the total amount of the land development and municipal accessory facilities fees as breach of contract damages and return the balance. The buildings and attachment already built on the land shall be taken back to the state by the government without compensation.

　　Article 21 The land user shall develop and utilize the land in accordance with the purpose to use the land, term and conditions according to the terms of the Contract of Assignment.

　　Article 22 Where it is necessary for the land user to change the purposes of land use as stipulated in the in the Contract of Assignment, he shall he shall obtain the consent of the Land Administration Department. The Land Administration Department and the land user shall modify the Contract of Assignment in writing, readjust the standard of land-use right fees thereof, and register the modification in accordance with relevant rules.

　　Chapter III Transfer of Land-use Right Through Auction

　　Article 23 Transfer of land-use right through auction means that at the scheduled date and in public, the auctioneer authorized by the Land Administration Department (hereinafter referred to as the "auctioneer") chairs the auction while the bidders make bids in specified means and the one made the highest bid shall get the land-use right.

　　Article 24 The Land Administration Department shall publish the relevant matters of the auction of the land-use right on Shenzhen Special Zone Daily or Shenzhen Economic Daily 30 days before the auction.

　　Article 25 The following documents shall be printed by the Land Administration Department and be provided to the bidders since the date of publication:

　　(1) detail information on the auction of the land-use right; and

　　(2) stylebook of Contract of Assignment.

　　Article 26 The transfer of land-use right through auction shall be carried out according to the following procedure:

　　(1) the Land Administration Department publishes the auction of the transfer of land-use right;

　　(2) the bidders takes out relevant documents; and

　　(3) the auctioneer chairs the auction at the scheduled time and place specified in the publication in accordance with the following process:

　　1. the auctioneer briefly introduces the location, area, purpose of land use, term of use, planning requirements and other relevant matters of the land whose land-use right is to be auctioned;

　　2. he auctioneer announces the bottom price of the auction and the amount added for each bid;

　　3. the bidders make bids by the means specified; and

　　4. in case the auctioneer continuously declares the last bid for two times and no one offering a new bid, the last bidder shall be the winner; and

　　(4) The winner shall pay off the land development and municipal auxiliary fee in lump-sum to the Land Administration Department, conclude the Contract of Assignment with the Land Administration Department, and pay a earnest money of 20% of the total amount of the transfer fees of land-use right, the balance of which shall be paid within 5 days since the effective date of the Contract of Assignment. As for the land for industrial purposes, when approved by the Land Administration Department and noted in the Contract of Assignment, the payment of the balance may be deferred, not exceeding 1 year at the most. When the payment is overdue, the Land Administration Department may dispose of it in accordance with Article 20 herein.

　　Article 27 The bottom price is not the same as the upset price for transferring the land-use right of the land. When the last bid is lower than the upset price, the auctioneer shall be entitled to end the auction.

　　Article 28 Where the winner cannot pay the down payment or refuses to conclude the Contract of Assignment, he shall compensate for all the expenditure of the auction.

The Land Administration Department may auction the land again, and if the transfer fees of land-use right is lower than that of the first auction, the margin shall be paid by the aforementioned winner who has breached the contract.

　　Chapter IV Transfer of Land-use Right Through Inviting Public Bidding

　　Article 29 Transfer of land-use right by invitation of bid refers to that the Land Administration Department invites invitation of bid publicly or invite the invitation of biders that fulfill the requirements for invitation of bid, and, after the assessment of invitation of bids, the winner shall get the land-use right.

　　Article 30 Transfer of land-use right by invitation of bid may be carried out by the following two means:

　　(1) Open invitation of bid: the Land Administration Department announcing the invitation to invitation of bid; and

　　(2) Invited invitation of bid: the Land Administration Department delivering the invitation of bid invitation to the specified persons.

　　The invitation of bid announcement shall be publicized on Shenzhen Special Zone Daily or Shenzhen Economic Daily 30 days before the closing date of invitation of bid. The invitation of bid invitation shall be delivered to the invited invitation of biders 30 days before the closing date of invitation of bid.

　　Article 31 The qualifications, contents and means of invitation of bid of the transfer of land-use right by invitation of bid shall be decided by the Land Administration Department according to these regulations, the yearly plan of land supply and the specific conditions of the land.

　　Article 32 The following documents of invitation of bid shall be printed by the Land Administration Department and be provided to the invitation of biders:

　　(1) Notice on the invitation of bid;

　　(2) Invitation of bid document of the land-use right; and

　　(3) Contract of Assignment model.

　　Article 33 The transfer of land-use right by invitation of bid shall be carried out according to the following procedure:

　　(1) The Land Administration Department announces or delivers the invitation of bid invitation;

　　(2) The invitation of biders get relevant documents;

　　(3) The invitation of biders put the sealed invitation of bid documents into the invitation of bid box at the designated place before the closing date of invitation of biding and submit the guaranty bond for invitation of bid according to the requirements of the Land Administration Department;

　　(4) The Land Administration Department organizes the meeting of invitation of bid opening, opening and checking the invitation of bids on site and declaring the invitation of bid documents that are against the invitation of biding regulations to be void;

　　(5) The Land Administration Department shall organize the invitation of bid inviting agencies to assess and determine the invitation of bid based on the principle of equality and fairness, and deliver the notice of winning the invitation of bid to the winning invitation of bider; and

　　(6) On receiving the notice of winning the invitation of bid, the winner shall pay off the land development and municipal auxiliary fee in a lump sum to the Land Administration Department, and conclude the Contract of Assignment with the Land Administration Department in the provided time limit.

　　Article 34 Where the documents of invitation of bid inviting only require the invitation of bid price, the invitation of bider with the highest invitation of bid price shall win; where both the invitation of bid price an

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