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

ecuted for his criminal liability by the judicial organizations according to law.

　　Article 59 When the land user is applying for the land, or concluding or performing the Contract of Assignment, if one of the following circumstances occurs, the Land Administration Department may impose sanctions such as warning, revocation of the document of approval, detaining the relevant permits or recovering the land-use right:

　　(1) The land user concealing important facts and providing false materials or counterfeiting documents; or

　　(2) The land user disposing of the land-use right without approval, violating

Article 15 Paragraph 2 herein.

　　Article 60 During the process of transfer of land-use right, if the land user obtains the land-use right by means of falsification or bribery, the Land Administration Department shall recover the land-use right and impose a fine of 5% of the total amount of the transfer fees of land-use right; 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 prosecuted for his criminal liability by the judicial organizations according to law.

　　Article 61 Where the staff member of the Land Administration Department takes bribes, betrays secrets, neglects his duties, or practices irregularities for personal gains, he 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 prosecuted for his criminal liability by the judicial organizations according to law.

　　Article 62 Where a party refuses to comply with the decision on administrative sanction made by the Land Administration Department, he may, within 15 days from receipt of the notice of imposition of administrative sanction, apply for reconsideration to the municipal organ of administrative reconsideration, and the organ of administrative reconsideration shall make the decision of reconsideration within 60 days from receipt of the application for reconsideration. If the party refuses to comply with the decision of reconsideration, he may file a lawsuit in a people's court within 15 days from receipt of the decision of reconsideration.

　　If the party neither applies for reconsideration, nor files a lawsuit within the specified time limit, nor complies with the decision on administrative sanction of the Land Administration Department, the Land Administration Department may apply to a people's court for compulsory enforcement.

　　Article 63 The land user of the original allocated land-use right shall apply for making up the transferring formalities before 31st December 1999.

　　Chapter VIII Supplementary Provisions

　　Article 64 Any dispute over land-use right assignment shall be settled through consultation by the disputing parties, and if the consultation fails, the parties concerned may file a lawsuit in a people’s court.

　　Article 65 The Municipal Government may formulate the detailed implementing measures in accordance with these regulations.

　　Article 66 These regulations shall take effect as of the date of promulgation.

　　Where there are contradictions between the provisions of these regulations and other relevant rules that enacted in the Special Zone before, these regulations shall prevail

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