Transfer of land use right means that the state, as the land owner, transfers the state-owned land use right to land users within a certain period of time. The land use right obtained by the land user after paying the transfer fee of land use right to the state. Obtaining the right to use leased land has the following characteristics: (1) The land use right obtained is paid. Land users who have obtained land use rights within a certain period of time shall pay the leasing fee for land use rights to the state. The land economic benefits obtained by the state by virtue of land ownership are manifested as land rent for a certain period of time, which is generally manifested as land users paying a certain amount of money to the state. (2) The acquired land use right has a time limit. The time limit for land users to enjoy the right to use the land is limited to the transfer period. The term of assignment shall be stipulated in the assignment contract, but it shall not exceed the maximum period prescribed by law. (3) The acquired land use right is a kind of real right. The transfer of land use right is based on the separation of land ownership and land use right. After the transfer of the land use right, the transferee actually enjoys the right to possess, use, benefit and dispose of the land within the transfer period. The land use right can be legally transferred, leased, mortgaged or used for other economic activities within the service life, and its legitimate rights and interests are protected by state laws.
Procedures for transfer of land use rights:
Because there are three forms of land use right transfer, namely agreement transfer, bidding transfer and auction transfer, the transfer procedures are also different.
The procedure for transferring the land use right by agreement is:
(1) Land users apply to the government for land use rights.
(2) After the land application is approved by the government, the land user and the government negotiate the land use conditions such as land area, service life, land price, etc. After the two sides reach an agreement on the relevant contents, the land use right transfer contract is initialled.
(three) after the initial signing of the land use right transfer contract, in accordance with the provisions of the examination and approval management, the relevant materials shall be submitted to the government with the right to approve the transfer of land use rights.
(4) The transferee of the land use right pays the leasing fee according to the contract, and the government provides the land use right according to the contract.
(5) Go through the relevant land registration procedures.
The procedures for transferring the land use right by tender are as follows:
(1) Prepare tender documents, such as tender, tender, land use, planning conditions, etc.
(2) Issuing a tender announcement.
(3) Intention of the transferee to go through the bidding procedures.
(4) The government determines the winning bidder and signs the transfer contract.
(5) The winning bidder shall pay the leasing fee according to the contract and go through the land registration formalities.
The procedures for auctioning land use rights are:
(1) Prepare the auction documents.
(2) Issuing an auction announcement.
(3) Ask the intended transferee for relevant documents and go through the bidding procedures.
(4) Bid at the designated place and time.
(5) Sign the transfer contract.
(6) Pay the land transfer fee and go through the land registration formalities.
The allocated land use right refers to the state-owned land use right obtained with the approval of the people's government at or above the county level according to law and after the land user pays the compensation and resettlement fees, or the state-owned land use right obtained without compensation with the approval of the people's government at or above the county level according to law. It can be seen that there are two basic forms of land use right allocation: (1) the state-owned land use right obtained after the land user pays the compensation and resettlement fees with the approval of the people's government at or above the county level according to law. The allocation of land use rights has two remarkable characteristics: first, land users must obtain the approval of the people's governments at or above the county level according to law; Second, land users must pay compensation and resettlement fees when obtaining land use rights. (two) the land use right obtained by the land user free of charge with the approval of the people's government at or above the county level according to law. The allocation of land use rights also has two remarkable characteristics: first, land users must obtain the approval of the people's governments at or above the county level according to law; Second, land users get the land use right for free, that is, they don't need to pay any fees or economic costs.