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

d the designing plan are necessary, the invitation of bids shall be assessed comprehensively and the invitation of bid with the highest comprehensive score shall win.

　　If the Land Administration Department deems that none of the invitation of bid document has reached the base conditions of the invitation of bid, it ma

y reject all the invitation of bid documents and invite new invitation of bids again.

　　Article 35 Where the invitation of bid-winner does not conclude the Contract of Assignment with the Land Administration Department in the provided time limit, its qualification as the winner shall be cancelled and the guaranty bond for invitation of bid shall not be returned, while a new invitation for invitation of bid shall be organized. If it causes economic losses of the Land Administration Department, the invitation of bid-winner shall bear the liability of damages.

　　Article 36 The invitation of bid-winner shall pay off the transfer fees of land-use right 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 may be deferred, but 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 37 The guaranty bond for invitation of bid submitted by the invitation of bid-winner may be converted into the transfer fees of land-use right. The guaranty bond for invitation of bid submitted by the losers shall be returned without interest by the Land Administration Department within 30 days since the date of deciding on the winning invitation of bid.

　　Chapter V Transfer of Land-use Right Through Agreement

　　Article 38 Transfer of land-use right through agreement herein refers to

　　The term "transfer of land-use right by agreement" refers to that the Land Administration Department, on behalf of the Municipal Government, consults with the land user and decides on the land price on the basis of the announced market price of the land, and finally assigns the land-use right to the land user.

　　The term "announced market price" refers to the price announced regularly by the Land Administration Department after evaluating the land in accordance with such factors as the land grade, land use, real estate market, etc.

　　Article 39 The land-use right of the land within the following range may be transferred by agreement:

　　(1) Land for hi-tech projects;

　　(2) Land for commercial housing with very small profit constructed by the municipal or district government;

　　(3) Land for welfare commercial housing constructed by the municipal or district government; and

　　(4) Land for public welfare or non-profit undertakings such as state organs, culture, education, health, sports, science and technology, municipal facilities, etc. that are wholly invested by the municipal or district finance;

　　The land-use right of the land other than the items listed in the previous paragraph shall be transferred by agreement in general. The land-use right of the following land, approved by the Municipal Government, may also be transferred by agreement, but the transferring price must be the same as the announced market price:

　　(1) Land for the projects that are in urgent need of the Special Zone or whose development is specially encouraged;

　　(2) Land for cluster development zone;

　　(3) Land for the projects in which the Municipal Government invests the land as share capital; and

　　(4) Land for the reconstruction of old urban areas.

　　The Municipal Government shall report to the Municipal Standing Committee of the People’s Congress every year of the situation of transfer of land-use right by agreement.

　　Article 40 The transfer of land-use right by agreement shall be carried out according to the following procedure:

　　(1) The applicant shall submit the following documents of application to the Land Administration Department:

　　1. Certificate of the legal representative;

　　2. Land use application report;

　　3. "Application form for transfer

of land-use right by agreement" (the standardized form provided by the Land Administration Department) and the preliminary arrangement plan of the project;

　　4. Documents of approval issued by the Municipal Government or the authorized departments of establishing corporations or institutions in the Special Zone and documents of industrial and commercial registration.

　　5. Document of approval of the projects of the year issued by the municipal planning department;

　　6. Certificate of capability of paying the transfer fees of land-use right;

　　7. Document of verification issued by the Municipal Administrative Department of science and technology for the hi-tech projects; and

　　8. Document of environmental assessment and inspection issued by the Municipal Administrative Department of environmental protection for the projects that pollute or affect the environment.

　　(2) The Land Administration Department shall consult with the applicant on the matters concerning the use of land within 30 days after receiving the documents of application, raise an inspection plan and report it to the Municipal Government for verification and approval. When the Municipal Government has verified and approved the plan, the Land Administration Department shall notify the applicant of it in writing.

　　(3) The applicant shall, after the issuance of the notice on the transfer fees of land-use right by the Land Administration Department and before concluding the Contract of Assignment with the Land Administration Department, pay a down payment as much as 20% of the transfer fees of land-use right to the Land Administration Department and at the same time pay off the land development and municipal accessory facilities fee in a lump sum.

　　(4) The applicant shall, within 100 days since the date of issuance of the land use plan by the Land Administration Department, conclude the Contract of Assignment with the Land Administration Department. If the contract is not concluded within the time limit, the applicant shall be regarded as voluntarily giving up the application, and the notice of approval on transferring the land issued by the Land Administration Department shall automatically become void. Under such circumstances, the down payment shall not be returned to the applicant, and the land development and municipal accessory facilities fee shall be returned without interest after being deducted 10% as damages by the Land Administration Department.

　　(5) The applicant shall, with the receipt of the transfer fees of land-use right issued by the Land Administration Department, register the land-use right in accordance with the Regulations on Registration and then obtain the Real Estate Certificate.

　　Article 41 Where the land-use right is transferred by agreement for the following projects, the Land Administration Department shall reduce or exempt the transfer fees of land-use right and the land development and municipal accessory facilities fee as follows:

　　(1) For the land provided in Article 39 Paragraph 1 Item (1), the transfer fees of land-use right shall be reduced by 40% to 70%;

　　(2) For the land provided in Article 39 Paragraph 1 Item (2), the transfer fees of land-use right shall be exempted;

　　(3) For the land provided in Article 39 Paragraph 1 Item (3), the transfer fees of land-use right shall be exempted, and the standard for the amount of the land development and municipal accessory facilities fee shall be provided by the Municipal Government separately.

　　No other transferring of land-use right by agreement shall be reduced or exempted of the transfer fees of land-use right.

　　Article 42 For the land provided in Paragraph 1 Item (1) Article 39, the land user shall pay 30% of the transfer fees of land-use right as the initial payment on the effective date of the Contract of Assignment, and the balance shall be paid within 30

days since the effective date of the Contract of Assignment. 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.

　　For the land provided in Item (2) and (3) Paragraph 1 Article 39 the payment of the transfer fees of land-use right shall be made in accordance with the time limit and means provided in the Contract of Assignment.

　　For the land provided in Item (4) Paragraph 1 Article 39, the payment of the transfer fees of land-use right shall be made in accordance with the regulations of the Municipal Government.

　　Article 43 The Land Administration Department shall, by 31st December every year, report the projects of which the transfer feess of land-use right have been reduced or exempted and the amount reduced or exempted to the Municipal Government.

　　Article 44 Where the land-use right is obtained with reduced or exempted transfer fees of land-use right in accordance with Article 39 Paragraph 1 Item (1) herein, if the land user lets or transfer the land, or invests the land-use right to joint ventures or cooperate enterprises, he shall report to the Land Administration Department for approval and conclude a Contract of Assignment again. If the use of the land is to be changed, the land user shall report to

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/