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| Category | LAND ADMINISTRATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1990-05-19 | Effective Date | 1990-05-19 |
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Interim Regulations of the People's Republic of China Concerning the Assignment and Transfer of the Right to the Use of the State-owned Land in the Urban Areas |
|---|
Article 1 These Regulations are formulated in order to reform the system
of using the State-owned land in the urban areas, rationally develop, utilize
and manage the land, strengthen land administration and promote urban
construction and economic development.
Article 2 The State, in accordance with the principle of the ownership
being separated from the right to the use of the land, implements the system
whereby the right to the use of the State-owned land in the urban areas may be
assigned and transferred, with the exclusion of the underground resources, the
objects buried underground, and the public works.
The term "State-owned land in the urban areas" as used in the preceding
paragraph refers to the land owned by the whole people (hereinafter referred
to as "the land") within the limits of cities, county sites, administrative
towns and industrial and mining areas.
Article 3 Any company, enterprise, other organization and individual
within or outside the People's Republic of China may, unless otherwise
provided by law, obtain the right to the use of the land and engage in land
development, utilization and management in accordance with the provisions of
these Regulations.
Article 4 Users of the land who have obtained the right to the use of the
land in accordance with these Regulations may, within the term of land use,
transfer, lease, or mortgage the right to the use of the land or use it for
other economic activities, and their lawful rights and interests shall be
protected by the laws of the State.
Article 5 Users of the land shall, in their activities to develop,
utilize and manage the land, abide by the laws and regulations of the State
and may not jeopardize the interests of the society and the public.
Article 6 The land administrative departments under the people's
governments at or above the county level shall conduct supervision and
inspection, according to law, over the assignment, transfer, lease, mortgage
and termination of the right to the use of the land.
Article 7 The registration of the assignment, transfer, lease, mortgage
and termination of the right to the use of the land and the registration of
the above-ground buildings and other attached objects shall be handled by the
land administration department and housing administration departments of the
government in accordance with the law and the pertinent regulations of the
State Council.
The registration documents shall be made available for public reference. Article 8 The assignment of the right to the use of the land refers to An assignment contract shall be signed for assigning the right to the use Article 9 People's governments at the municipal and county levels shall Article 10 The land administration departments under the people's Article 11 The contract for assigning the right to the use of the land Article 12 The maximum term with respect to the assigned right to the use (1) 70 years for residential purposes; (2) 50 years for industrial purposes; (3) 50 years for the purposes of education, science, culture, public (4) 40 years for commercial, tourist and recreational purposes; and (5) 50 years for comprehensive utilization or other purposes. Article 13 The assignment of the right to the use of the land may be (1) by reaching an agreement through consultations; (2) by invitation to bid; or (3) by auction. The specific procedures and steps for assigning the right to the use of Article 14 The land user shall, within 60 days of the signing of the Article 15 Thc assigning party shall, in compliance with the stipulations Article 16 After paying the total amount of the fee for the assignment Article 17 The land user shall, in conformity with the stipulations of Should any land user fail to develop and utilize the land in accordance Article 18 If the land user needs to alter the purposes of land use as Article 19 The transfer of the right to the use of the land refers to the If the land has not been developed and utilized in accordance with the Article 20 A transfer contract shall be signed for the transfer of the Article 21 With the transfer of the right to the use of the land, the Article 22 The land user who has acquired the right to the use of the Article 23 With the transfer of the right to the use of the land, the Article 24 The owners or joint owners of the above-ground buildings and With the transfer of the ownership of the above-ground buildings and other Article 25 With respect to the transfer of the right to the use of the Divided transfer of the right to the use of the land and of the ownership Article 26 When the transfer of the right to the use of the land is When the market price for the transfer of the right to the use of the land Article 27 If, after the transfer of the right to the use of the land, Article 28 The lease of the right to the use of the land refers to the If the land has not been developed and utilized in accordance with the Article 29 A lease contract shall be signed for leasing the right to the The lease contract shall not run counter to the laws and regulations of Article 30 After leasing the right to the use of the land, the lessee Article 31 With respect to the lease of the right to the use of the land Article 32 The right to the use of the land may be mortgaged. Article 33 With the mortgage of the right to the use of the land, the With the mortgage of above-ground buildings and other attached objects, Article 34 Amortgage contract shall be signed for mortgaging the right to The mortgage contract shall not run counter to the laws and regulations Article 35 With respect to the mortgage of the right to the use of the Article 36 If the mortgagor fails to fulfil liabilities within the With respect to the right to the use of the land and the ownership of the Article 37 The mortgagee shall have the priority of compensation with Article 38 If the mortgage is eliminated as a result of the liquidation Article 39 The right to the use of the land terminate for such reasons as Article 40 Upon expiration of the term of use, the right to the use of Article 41 Upon expiration of the term of use, the land user may apply Article 42 The State shall not withdraw before the expiration of the term Article 43 The allocated right to the use of the land refers to the right The land user referred to in the preceding paragraph shall pay tax for the Article 44 The allocated right to the use of the land may not be Article 45 On condition that the following requirements are satisfied, (1) the land users are companies, enterprises, or other economic (2) a certificate for the use of state-owned land has been obtained; (3) possessing legitimate certificates of property rights to the (4) a contract for assigning the right to the use of land is signed in The transfer, lease or mortgage of the allocated right to the use of the Article 46 Any units or individuals that transfer, lease or mortgage the Article 47 If the land user who has acquired the allocated right to the The municipal or county people's government may, based on the needs of When the allocated right to the use of the land is withdrawn without Article 48 The right to the use of the land may be inherited if it is Article 49 The land user shall pay tax in accordance with the provisions Article 50 Fees collected by assigning the right to the use of the land Article 51 The people's governments of various provinces, autonomous Article 52 With respect to foreign investors engaging in developing and Article 53 The State Administration for Land Uses shall be responsible Article 54 These Regulations shall go into effect as of the date of
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Chapter II The Assignment of the Right to the Use of the Land
the act of the State as the owner of the land who, within the term of a
certain number of years, assigns the right to the use of the land to land
users, who shall in turn pay fees for the assignment thereof to the State.
of the land.
be in charge of assigning the right to the use of land, which shall be
effected in a planned, step-by-step way.
governments at the municipal and county levels shall, in conjunction with the
administrative departments for urban planning and construction and the housing
administration departments, draw up a plan concerning the size and location,
the purposes, the term, and other conditions with respect to the assigning of
the right to the use of the land. The plan shall be submitted for approval in
accordance with the limits of authority for approval as stipulated by the
State Council and shall then be implemented by the land administration
departments.
shall be signed by and between the land administration departments under the
people's governments at the municipal and county levels (hereinafter referred
to as "the assigning party") and the land users in accordance with the
principle of equality, voluntariness and compensation for use.
of the land shall be determined respectively in the light of the purposes
listed below:
health and physical education;
carried out by the following means:
the land by the means stipulated in the proceding paragraphs shall be
formulated by the people's government of the relevant province, automonous
region, or municipality directly under the Central Government.
contract for the assignment of the right to the use of the land, pay the total
amount of the assignment fee thereof, failing which, the assigning party shall
have the right to terminate the contract and may claim compensation for breach
of contract.
of the contract, provide the right to the use of the land thus assigned,
failing which, the land user shall have the right to terminate the contract
and may claim compensation for breach of contract.
of the right to the use of the land, the land user shall, in accordance with
the relevant provisions, go through the registration thereof, obtain the
certificate for land use and accordingly the right to the use of the land.
the contract for the assignment of the right to the use of laud and the
requirements of city planning, develop, utilize and manage the land.
with the period of time specified in the contract and the conditions therein,
the land administration department under the people's government at the
municipal or county level shall make corrections and, in light of the
seriousness of the case, give such penalties as a warning, a fine or, in an
extreme case, withdrawing the right to the use of the land without
compensation.
stipulated in the contract for assigning the right to the use of land, he
shall obtain the consent of the assigning party and the approval of the land
administration department and the urban planning department and shall, in
accordance with the relevant provisions in this Chapter, sign a new contract
for assigning the right to the use of the land, readjust the amount of the
assignment fee thereof, and undertake registration anew.
Chapter III The Transfer of the Right to the Use of the Land
land user's act of re-assigning the right to the use of the land, including
the sale, exchange, and donation thereof.
period of time specified in the contract and the conditions therein, the right
to the use thereof may not be transferred.
right to the use of the land.
rights and obligations specified in the contract for assigning the right to
the use of the land and in the registration documents shall be transferred
accordingly.
land by means of the transfer thereof shall have a term of use which is the
remainder of the term specified in the contract for assigning the right to the
use of the land minus the number of the years in which the original land user
has used the land.
ownership of the above-ground buildings and other attached objects shall be
transferred accordingly.
other atttached objects shall have the right to the use of the land within the
limits of use of the said buildings and objects.
attached objects by the land users, the right to the use of the land within
the limits of use of the said buildings and objects shall be transferred
accordingly, with the exception of the movables.
land and of the ownership of the above-ground buildings and other attached
objects, registration for the transfer shall be undertaken in accordance with
the relevant provisions.
of the above-ground buildings and other attached objects shall be subject to
the approval of the land administration department and the housing
administration department under the people's government at the municipal or
county level, and registration for the divided transfer shall be undertaken
in accordance with the relevant provisions.
priced at a level obviously lower than the prevailing market price, the
people's government at the municipal or county level shall have the
priority of the purchase thereof.
rises to an unreasonable extent, the people's government at the municipal or
county level may take necessary measures to cope with it.
necessity arises for altering the purposes of land use as stipulated in the
contract for assigning the right to the use of the land, it shall be handled
in accordance with the provisions in Article 18 of these Regulations.
Chapter IV The Lease of the Right of the Use of the Land
act of the land user as the lessor to lease the right to the use of the land
together with the above-ground buildings and other attached objects to the
lessee for use who shall in turn pay lease rentals to the lessor.
period of time specified in the contract and the conditions therein, the right
to the use thereof may not be leased.
use of the land by and between the lessor and the lessee.
the State or the stipulations of the contract for assigning the right to the
use of the land.
must continue to perform the contract for assigning the right to the use of
the land.
together with the above-ground buildings and other attached objects, the
lessee shall undertake registration in accordance with the relevant provisions.
Chapter V The Mortgage of the Right to the Use of the Land
above-ground buildings and other attached objects thereon shall be mortgaged
accordingly.
the right to the use of the land within the limits of use of the said
buildings and objects shall be mortgaged accordingly.
the use of the land by and between the mortgagor and the mortgagee.
of the State or the stipulations of the contract for assigning the right to
the use of the land.
land together with the above-ground buildings and other attached objects,
registration for the mortgage shall be undertaken in accordance with the
relevant provisions.
prescribed period of time or declares dissolution or bankruptcy within the
term of the mortgage contract, the mortgatee shall have the right to dispose
of the mortgaged property in accordance with the laws and regulations of the
State and the stipulations of the mortgage contract.
above-ground buildings and other attached objects acquired as a result of the
disposal of the mortgaged property, transfer registration shall be undertaken
in accordance with the relevant provisions.
respect to the receipts resulting from the disposal of the mortgaged property.
of liabilities or for other reasons, procedures shall be undertaken to nullify
the mortgage registration.
Chapter VI The Termination of the Right to the Use of the Land
the expiration of the term of use as stipulated in the contract for assigning
the right to the use of the land, the withdrawal of the right before the
expiration, or the loss of the land.
the land and the ownership of the above-ground buildings and other attached
objects thereon shall be acquired by the State without compensation. The land
user shall surrender the certificate for land use and undertake procedures to
nullify the registration.
for its renewal. Where such a renewal is necessary, a new contract shall be
signed in accordance with the provisions in Chapter II of these Regulations
and the land user shall pay the fee for the assignment of the right to the use
of the land and undertake registration.
of use the right to the use of the land which the land user acquired in
accordance with the law. Under special circumstances, the State may, based on
the requirements of social public interests, withdraw the right before the
expiration of the term of use in line with the relevant legal procedures and
shall, based on the number of years in which the land user has used the land
and actual state of affairs with respect to the development and utilization of
the land, offer corresponding compensation.
Chapter VII The Allocated Right to the Use of the Land
to the use of the land which the land user acquires in accordance with the
law, by various means, and without compensation.
use of the land in accordance with the provisions of the Interim Regulations
of the People's Republic of China Concerning the Tax for the Use of the Land
in the Urban Areas.
transferred, leased, or mortgaged, with the exception of cases as specified in
Article 45 of these Regulations.
the allocated right to the use of the land and the ownership of the
above-ground buildings and other attached objects may, subject to the approval
of the land administration departments and the housing administration
departments under the people's governments at the municipal or county level,
be transferred, leased or mortgaged:
organizations, or individuals;
above-ground buildings and other attached objects; and
accordance with the provisions in Chapter II of these Regulations and the land
user makes up for the payment of the assignment fee to the local municipal or
county people's government or uses the profits resulting from the transfer,
lease or mortgage to pay the assignment fee.
land referred to in the preceding paragraphs shall be handled respectively in
accordance with the provisions in Chapters III, IV and V of these Regulations.
allocated right to the use of the land without authorization shall have their
illegal incomes thus secured confiscated by the land administration
departments under the people's governments at the municipal or county level
and shall be fined in accordance with the seriousness of the case.
use of the land without compensation stops the use thereof as a result of
moving to another site, dissolution, disbandment, or bankruptcy or for other
reasons, the municipal or county people's government shall withdraw the
allocated right to the use of the land without compensation and may assign it
in accordance with the relevant provisions of these Regulations.
urban construction and development and the requirements of urban planning,
withdraw the allocated right to the use of the land without compensation and
may assign it in accordance with the relevant provisions of these Regulations.
compensation,the municipal or county people's government shall, in the light
of the actual state of affairs, give due compensation for the above-ground
buildings and other attached objects thereon.
Chapter VIII Supplementary Provisions
acquired by individuals in accordance with the provisions of these Regulations.
of the tax laws and regulations of the State.
in accordance with these Regulations shall be included in the fiscal budget
and managed as a special fund, which shall be used mainly for urban
constrction and land development. The specific measures for the use and
management of the fund shall be separately prescribed by the Ministry of
Finance.
regions and municipalities directly under the Central Government shall, in
accordance with the provisions of these Regulations and with the actual state
of affairs in their respective localities, select as their pilot testing
grounds some of the cities or towns where conditions are relatively ripe.
managing tracts of land, the administration of the right to the use of the
land shall be effected in accordance with the relevant provisions of the State
Council.
for the interpretation of these Regulations; the measures for the
implementation thereof shall be formulated by the people's government of the
provinces, autonomous regions and municipalities directly under the Central
Government.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/irctaatotrttuotslitua1097