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

the Land Administration Department for approval, making up the deficiency of the transfer fees of land-use right and the land development and municipal accessory facilities fee according to the announced market price, and then register the modification in accordance with the Regulations on Registration before the change of the land use may be effectuated.

　　Where the land user has to make up the deficiency of the transfer fees of land-use right and the land development and municipal accessory facilities fee, he shall register the modification with the receipt of the fully paid deficiency of the transfer fees of land-use right and the land development and municipal accessory facilities fee issued by the Land Administration Department and the re-concluded Contract of Assignment.

　　Article 45 Where the land-use right is obtained with the reduced transfer fees of land-use right and land development and municipal accessory facilities fee in accordance with Article 39 Paragraph 1 Item (1) herein, the land user may, approved by the Land Administration Department, mortgage the buildings and attachment on the land. If the mortgagee shall dispose of the mortgage, he should make up the deficiency of the transfer fees of land-use right and the land development and municipal accessory facilities fee first in accordance with the announced market price. The taxes and fees related to the income of the disposal of the mortgage must be paid by rule in advance.

　　Article 46 Where the land-use right is obtained with the reduced transfer fees of land-use right in accordance with Article 39 Paragraph 1 Item (1) herein, when the project is put into operation, the Municipal Administrative Department of science and technology shall be in charge of re-inspection. If the project does not conform to the standard for hi-tech projects, the deficiency of the transfer fees of land-use right must be made up in accordance with the announced market price.

　　Article 47 For the land provided in Article 39 Paragraph 1 Item (2) and (3), if the land user shall let, transfer or mortgage the land, or invest the land-use right into joint ventures or cooperate enterprises, he must comply with the regulations of the Municipal Government.

　　Article 48 Land for public welfare or non-profit undertakings such as state organs, culture, education, health, sports, science and technology, municipal facilities, etc. shall neither be changed into the use of profit-earning, n

or be let, transferred, mortgaged or developed through cooperation.

　　Chapter VI Termination of Transfer of Land-use Right

　　Article 49 The land-use right shall be terminated under one of the following circumstances:

　　(1) The term fixed in the Contract of Assignment expires;

　　(2) The land is lost;

　　(3) The land user dies and there is no legitimate heir;

　　(4) The judgment, ruling or decision of confiscating the land-use right made by the people's court or Land Administration Department takes effect;

　　(5) The land using unit relocates or is nullified by law;

　　(6) The Municipal Government recovers the land-use right before the fixed date due to the need of public welfare and interest; or

　　(7) Other circumstances provided by law.

　　Article 50 Where the circumstances provided in Item (1), (3) and (4) of the previous article should occur, the land-use right shall be recovered by the Land Administration Department without compensation together with the buildings and attachment on the land.

　　Article 51 The Municipal Government shall not recover the land-use right transferred to the land users by law before the fixed date. Under special circumstances, the land may be recovered before the fixed date in due process with respect to the need of the public welfare and interest.

　　Where the land is recovered before the fixed date by law, the Municipal Government shall compensate the land user in accordance with the actual conditions and the term of land development and utilization.

　　Article 52 When the term of land-use right expires, the land user shall, within 10 days of expiration, register the nullification at the administrative department of real estate. If the land user does not register the nullification, the land-use right shall be nullified directly by the Municipal Administrative Department of real estate.

　　Under the circumstances provided in Article 49 Item (2), (3), (4), (5) and (6), the land-use right shall be nullified directly by the Municipal Administrative Department of real estate.

　　Article 53 When the term of land-use right expires, if the land user needs to go on using the land, he shall apply to the Land Administration Department 6 months in advance, and the Land Administration Department shall make a reply of approval or disapproval according to the following principle within 1 month after receiving the application:

　　(1) If the use of the land applied for by the land user complies with the current urban planning, approval shall be transferred for further utilization of the land;

　　(2) If the use of the land applied for by the land user does not comply with the current urban planning, the application of the land user shall not be approved.

　　Article 54 Where the land user is transferred the approval to go on using the land, he shall re-conclude the Contract of Assignment with the Land Administration Department within 15 days after receiving the document of approval, paying the transfer fees a of land-use right and the land development and municipal accessory facilities fee, and register in accordance with the Regulations on Registration.

　　Chapter VII Legal Liabilities

　　Article 55 Where the land-use right is transferred without approval, which is in violation of Article 3, the Contract of Assignment shall be void, and the Land Administration Department may punish the illegal act of transference of the party concerned in accordance with the Regulations of Shenzhen Special Economic Zone on Real Estate Transfer.

　　Article 56 Where the land user does not develop and utilize the land in accordance with the use and conditions provided in the Contract of Assignment, which is in violation of Article 21, the Land Administration Department shall order it to make corrections in a limited period and may impose a fine of 20% of the total amount of the trans

fer fees of land-use right concurrently. If the land user refuses to make corrections, the Land Administration Department shall recover the land-use right without compensation and confiscate the buildings and attachment on the land.

　　Where the land user does not complete the construction on the land within the fixed time limit, the Land Administration Department shall impose a fine since the date of completion for check and delivery of the project provided in the Contract of Assignment. If the completion is overdue for less than 6 months, a fine of 5% of the total amount of the transfer fees of land-use right shall be imposed; If the completion is overdue for more than 6 months but less than 1 year, a fine of 10% of the total amount of the transfer fees of land-use right shall be imposed; If the completion is overdue for more than 1 year but less than 2 years, a fine of 15% of the total amount of the transfer fees of land-use right shall be imposed; if the completion is overdue for more than 2 years, the Land Administration Department shall recover the land-use right without compensation and confiscate the buildings and attachment on the land.

　　Where the land user does not develop or utilize the land in 2 years since the effective date of the Contract of Assignment, the Land Administration Department shall recover the land-use right without compensation.

　　The aforementioned "developing and utilizing" refers to obtaining the Construction Planning Permit and the quantity of work reaching 25% of the total investment.

　　Where the land-use right is recovered by the Land Administration Department without compensation, the land development and municipal accessory facilities fee shall not be returned.

　　Article 57 According to Article 46 herein, if the project does not conform to the standard for hi-tech projects after re-inspection, the land user shall, apart from making up the deficiency of the transfer fees of land-use right, be imposed upon a fine of 20% of the total amount of the transfer fees of land-use right by the Land Administration Department.

　　Article 58 Where the land user lets or mortgages the land-use right, or develops and utilizes the land through cooperation with others, which is in violation of Article 48 herein, the Land Administration Department shall order him to make corrections, confiscate his illegal gains and impose a fine of not less than 1 time but not more than 3 times of the illegal gains concurrently.

　　Where the land user transfers the land-use right without approval, which is in violation of Article 44 and 48 herein, the Land Administration Department shall order him to make corrections, confiscate his illegal gains and impose a fine of 10% of the transfer price concurrently. If the land user refuses to make corrections, the Land Administration Department shall recover the land-use right without compensation and confiscate the buildings and attachment on the land. Where the land-use right is recovered by the Land Administration Department without compensation, the land development and municipal accessory facilities fee shall not be returned.

　　The person liable shall be subject to disciplinary sanctions imposed by his unit or the organ at a higher level; if the offence constitutes a crime, the offender shall be pros

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