Lu Zi Zi Gui [2021] No.9 Municipal Natural Resources Authorities, Finance Bureau, Housing and Urban-Rural Development Bureau, State-owned Assets Supervision and Administration Commission, Market Supervision Bureau, Local Financial Supervision Bureau, Municipal Taxation Bureau, People's Bank of China (Shandong Province) downtown branch, branch business management department, and bank insurance branch: In order to effectively regulate the trading behavior of the secondary land market in the whole province, this transaction is closed.
Shandong Provincial Department of Natural Resources Shandong Provincial Department of Finance Shandong Provincial Department of Housing and Urban-Rural Development Shandong Provincial People's Government State-owned Assets Supervision and Administration Commission Shandong Provincial Market Supervision Administration Shandong Provincial Local Financial Supervision Administration People's Republic of China (PRC) State Taxation Bureau Shandong Provincial Taxation Bureau China People's Bank Jinan Branch Bank of China Insurance Supervision and Administration Commission Shandong Supervision Bureau June 5438+February 2023 17.
Detailed Rules for the Implementation of Transfer, Lease and Mortgage of Construction Land Use Rights in Shandong Province (for Trial Implementation).
Chapter I General Provisions Article 1 These Detailed Rules are formulated in accordance with relevant laws, regulations and policies, combined with the actual situation of this province, in order to further standardize the transaction of transferring, leasing and mortgage the right to use state-owned construction land in our province, and promote the optimal allocation and economical and intensive utilization of existing land resources.
Article 2 These Rules shall apply to the management of the transfer, lease and mortgage of the right to use state-owned construction land within the administrative area of this province.
The transfer, lease and mortgage of the right to use rural collective construction land entering the market according to law shall be implemented with reference to these rules.
Where there are other provisions in national laws, regulations and policies, such provisions shall prevail.
Article 3 Transactions in the secondary land market shall follow the principles of legality, honesty, credibility, fairness, voluntariness, openness and impartiality.
Article 4 Establish a unified "offline" land secondary market trading platform in the whole province, standardize the trading process of "information release-intention achievement-contract signing-transaction supervision", and strengthen business cooperation such as trading, tax payment and registration of construction land use rights, so as to provide safe, convenient and efficient services for both parties to the transaction.
Both parties to the transaction can publish and obtain market information through channels such as the land secondary market trading platform, negotiate transactions on their own, or entrust the land secondary market trading platform to publicly trade.
Article 5 The competent department of natural resources shall supervise the transfer, lease and mortgage of the right to use construction land according to law, and be responsible for daily management.
Finance, housing and urban construction, state-owned assets supervision, taxation, market supervision, finance and other relevant departments shall, in accordance with their respective responsibilities, cooperate closely to do a good job in the management of the transfer, lease and mortgage of construction land use rights.
Chapter II Transfer of the Right to Use Construction Land Article 6 The term "transfer of the right to use construction land" as mentioned in these Detailed Rules refers to the transfer of various types of construction land use rights, including the transfer of the right to use construction land, involving buying and selling, exchange, donation, capital contribution and judicial punishment, asset disposal, merger or division of legal persons or other organizations, etc.
When the right to use the construction land is transferred, the ownership of the above-ground buildings and other attachments will be transferred.
Where the transfer of real estate is involved, the formalities for real estate transfer shall be handled in accordance with the laws and regulations on real estate transfer.
Article 7 The transfer of the right to the use of construction land obtained by means of allocation shall meet the following conditions: (1) Proof of legal property rights of the land, buildings on the ground and other attachments; (two) involving the change of land use, the changed land use shall conform to the national spatial planning. (3) Other conditions stipulated by laws and regulations.
Except for laws, regulations and policies. , which explicitly requires that the allocated land use right be publicly sold again.
Article 8 The transfer of the right to use the allocated construction land shall be subject to the consent of the people's government with the right of approval.
If the right to use construction land is allocated with approval and agreed to be transferred, the transferred land use right shall be publicly traded in the tangible land market, and the transferee and transaction price shall be determined.
If the assignment of the right to the use of construction land obtained by allocation conforms to the Implementation Opinions of the General Office of Shandong Provincial People's Government on Improving the Secondary Market for the Transfer, Lease and Mortgage of the Right to the Use of Construction Land after examination, the land may not be paid back, and the transfer price shall be handled according to the transfer registration; Does not meet the "Shandong Province construction land use right transfer, lease, mortgage transaction implementation rules (Trial)", on the premise of compliance with the planning, the transferee shall pay the land transfer price according to law, re-sign the contract for the transfer of state-owned construction land use right, and go through the real estate registration formalities according to law.
Without changing the land use conditions such as land use, the additional transfer price is reasonably determined according to the normal market price of the land use right that evaluates the existing use conditions, deducting the preferential price of the land use right; If the planning conditions are changed according to law, the payment of the land transfer price shall be reasonably determined according to the normal market price of the land use right under the changed planning conditions, deducting the preferential price of the land use right under the existing use conditions.
Article 9 The transfer of the right to use construction land obtained by means of transfer shall fully guarantee the freedom of transaction on the premise of complying with the provisions of laws and regulations and the transfer contract. If the original transfer contract has other provisions on the terms of transfer, such provisions shall prevail.
Article 10 The assignment of the right to use construction land obtained by assignment shall meet the following conditions: (1) Investment and development in accordance with the assignment contract; For residential construction projects, the total investment in development should be above 25%; Land development shall meet the conditions for the formation of industrial land or other construction land.
(two) involving the change of land use, the changed land use shall conform to the national spatial planning, and the commercial residential land shall be handled in accordance with the relevant policies and regulations.
(3) After the land use right of the real estate development project is transferred in whole or in part, all the construction conditions as the conditions for land transfer are still valid for the transferor of the land use right, and the transferor of the land use right shall carry out construction activities in accordance with the construction conditions.
If the transferor of the land use right signs a performance supervision and management agreement with the local county (city, district) people's government or relevant departments, the rights and obligations related to the agreement will be transferred accordingly.
(4) Other conditions stipulated by laws and regulations.
Eleventh the establishment of advance notice registration and transfer system.
If the transfer of the right to the use of construction land obtained by means of transfer fails to complete 25% of the total development investment, according to the principle of "investment first and then transfer", both parties to the transaction sign a transfer contract and report to the municipal or county natural resources department for the record, they can apply for the advance notice registration of real estate transfer, and the total development investment reaches the legal transfer conditions.
The right holder of registration may apply to the relevant departments for the declaration procedures of construction projects with the "Real Estate Advance Registration Certificate" and other necessary materials.
Both parties to the transfer may agree on the time limit for advance notice registration, and the real estate registration agency shall record the time limit for advance notice registration in the supplementary column of the real estate register and the advance notice registration certificate.
After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within 90 days from the date when the real estate transfer registration can be handled, the advance notice registration is invalid.
Article 12 The transfer of the right to the use of construction land obtained by means of fixed-price investment or shareholding shall refer to the provisions on the transfer of the right to the use of construction land obtained by means of transfer, and it is not necessary to report to the approval authority of the original construction land for fixed-price investment or shareholding. After the transfer, it can take the form of fixed investment or shareholding, or it can be changed to direct transfer.
Article 13 During the service life of the transfer of the right to use the construction land obtained by authorized operation, the right to use the land can be transferred between the enterprises directly under the Group, the holding enterprises and the shareholding enterprises according to law. If it is transferred to a unit or individual other than the group company, after being approved according to law, the transferee shall make up the land transfer price and handle the real estate transfer registration.
Article 14 The division, merger and transfer of the right to use construction land shall be made by the obligee, and the division, merger and transfer shall be carried out after examination and approval by the competent department of natural resources with the power of examination and approval, and the real estate transfer registration shall be handled according to law.
Comprehensive zoning should have independent zoning conditions. Involving the construction and use of public facilities, both parties to the transfer shall specify the relevant rights and obligations in the contract.
Fifteenth plots to be divided have been pre-sold or there are multiple rights subjects, the consent of the relevant rights holders shall be obtained, and the legitimate rights and interests of the rights holders shall not be harmed.
Transfer by stages shall be conducive to the development and utilization of land, and shall not affect the requirements of traffic, fire protection, safety and other control indicators.
The construction land occupied by administrative affairs, living services and other ancillary facilities supporting the construction of industrial projects shall not be sold by stages in the whole region with the land parcel.
Standard factory buildings and new industrial land (M0) allow buildings, structures and other fixed boundaries to be divided and transferred as basic units without changing their functions and land use.
The determination of specific segmentation conditions, segmentation processes and post-segmentation plot ratio planning conditions shall be formulated by the municipal and county people's governments according to different uses and local actual conditions.
Article 16 The plots involved in land merger shall be adjacent to each other. In principle, land division, transfer, contribution at a fixed price or shareholding shall be handled uniformly, and the divided land shall make up the land transfer price according to the land market price. If the use of the merged plot conforms to the land quota catalogue, the land use right holder may choose to keep the quota; If the remaining transfer years are inconsistent, the weighted average method can be used to calculate the unified remaining transfer years, or the land transfer fees for a certain number of years can be registered according to the corresponding years with the approval of the municipal or county people's governments.
Article 17 Both parties to the transfer shall truthfully declare the transaction price to the competent department of natural resources in accordance with the regulations and shall not conceal it.
If the right to use the construction land is transferred by means of transfer, and the declared price is lower than the marked land price by more than 20%, the municipal and county people's governments have the right to exercise the preemptive right. If the declared land price is lower than the benchmark land price, the municipal and county people's governments have the right to exercise the preemptive right.
Article 18 If the right to use construction land is transferred, the rights and obligations stipulated in the contract for the transfer of the right to use construction land and the investment and construction agreement will be transferred accordingly.
The service life of the right to use the construction land obtained by the land user through transfer is the remaining service life after deducting the service life of the original land user from the service life agreed in the contract for the transfer of the right to use the construction land.
Article 19 Under any of the following circumstances, the right to use the construction land may not be transferred: (1) The judicial and administrative organs have ruled or decided to seal up or restrict the rights in other forms according to law. (2) Failing to register the ownership certificate according to law; (3) The ownership is disputed; (four) without the written consent of other people, * * * has the right to use construction land; (five) the need to recover the right to use construction land according to law; (six) other circumstances in which the transfer is not allowed by laws, regulations and contracts.
Article 20 To strengthen the contact with local judicial handling, the people's court shall find out the ownership of real estate and the ownership obligations stipulated in the original transfer contract from the competent natural resources department in cases involving the transfer of the right to use construction land, and the competent natural resources department shall provide assistance. Judicial disposal of land can enter the land secondary market trading platform, which involves the allocation and disposal of construction land use rights, and should be reported to the competent department of natural resources.
Twenty-first government departments or institutions to dispose of state-owned assets, involving the transfer of construction land use rights, should seek the opinions of the competent department of natural resources, truthfully inform the parties about the land.
Chapter III Lease of the Right to Use Construction Land Article 22 Lease of the right to use construction land as mentioned in these Detailed Rules refers to the act that the land user, as the lessor, leases the right to use construction land to the lessor or rents it to the lessee together with the above-ground buildings and other attachments, and the lessee pays the rent to the lessee within a certain period of time.
Twenty-third through the transfer, lease, pricing shares and other ways to obtain the right to use construction land leased or sublet. , shall not violate laws and regulations and the provisions of the paid use contract.
Or part of the state-owned construction land use right is leased, the rights and obligations stipulated in the paid use contract shall still be borne by the construction land use right holder.
Twenty-fourth lease to obtain the right to use construction land, pay the rent in accordance with the relevant provisions of land revenue, into the land transfer income management, land transfer income management by the collection and management department.
The specific standards of land income are determined by various localities according to factors such as land grade and use.
Establish an annual reporting system for rental income from the allocation of construction land use rights. If the lessor declares in accordance with the law and pays the relevant income in a timely manner, it may not go through the formalities for examination and approval of leasing the right to use the allocated construction land separately.
Article 25 If the right to use construction land obtained by allocation is leased for a long time or partially or divisibly, and the lease term exceeds five years, the procedures for transferring, leasing and other paid use shall be handled according to law.
Twenty-sixth construction land use rights and buildings and other attachments, the lessor and lessee shall sign a written lease contract, the lease term shall not exceed the remaining years of construction land use rights, the maximum shall not exceed 20 years.
Among them, the lease term of the right to use construction land obtained by lease shall not exceed the remaining term stipulated in the state-owned land lease contract.
Article 27 If the leasing fee is not paid in accordance with the contract for the assignment of the right to the use of construction land, the land is not developed and utilized in accordance with the time limit and conditions stipulated in the assignment contract or quota decision, or the lease is not allowed in accordance with the provisions of laws and regulations and the contract, the right to the use of construction land shall not be leased.
Twenty-eighth lease construction land use rights and buildings and other attachments, should be strictly in accordance with the land transfer contract, transfer decision, real estate ownership certificate or approved planning conditions.
The lessee shall not change the prescribed purpose without authorization during the lease term; It is not allowed to build or expand buildings and other attachments on the leased land without authorization.
If it is really necessary to build temporary buildings and other attachments, it shall be approved by the lessor, and the lessor shall report to the competent department of natural resources, housing and urban and rural construction for approval and go through the relevant formalities, and it is agreed that the lessor shall bear the responsibility for the demolition of temporary construction projects. If it is really necessary to change the use, the lessor shall go through the relevant formalities in accordance with the relevant provisions after being audited by the natural resources department and approved by the people's government at the same level.
Chapter IV Mortgage of the Right to Use Construction Land Article 29 The mortgage of the right to use construction land as mentioned in these Detailed Rules means that the debtor or a third party mortgages the legally obtained right to use state-owned construction land to creditors in the way of not transferring possession when performing the guaranteed debts.
When the debtor fails to perform the due debt or the collateral agreed by the parties is realized, the creditor has the right to be paid in priority for the collateral.
Article 30 As mortgagees, natural persons and enterprises may apply for the relevant formalities of real estate mortgage for the right to use construction land and the ownership of buildings and other attachments on the ground, and the creditor's rights and debts contracts between enterprises shall comply with the provisions of relevant laws and regulations.
Enterprises in social fields, such as pension and education, are allowed to mortgage and finance the paid construction land, facilities use rights and other properties.
Article 31 If the right to use the construction land obtained by means of transfer, contribution at a fixed price or shareholding has been registered in real estate, and there are no restrictions such as seizure, a mortgage may be set up, and the performance period of the secured debt shall not exceed the remaining years stipulated in the land transfer contract.
Article 32 The right to use construction land obtained by allocation may be mortgaged according to law.
If the mortgage is set with the allocated construction land use right as the subject matter and the mortgage registration formalities are handled according to law, there is no need to go through the examination and approval procedures for the mortgage of construction land use right separately.
Thirty-third to obtain the right to use construction land by lease, the lessee shall pay the land rent. After the completion of development and construction, buildings and other attachments on the ground can be mortgaged together with the land in accordance with the lease contract.
Thirty-fourth disposal of construction land use rights mortgaged property shall comply with the following provisions. (1) After transferring and realizing the mortgage of the right to use the construction land, the mortgagee can be given priority in compensation after paying the transfer price equivalent to the right to use the construction land that should be paid according to law.
(2) If the land use right in the fields of pension and education is mortgaged, the land shall still be used according to the original purpose and shall not be changed without authorization, and the rights and interests of interested parties shall not be harmed when the mortgage is realized.
(3) If multiple mortgagees are appointed at the same time, the sequence of mortgage rights shall be made clear.
If the parties have otherwise agreed on the mortgage order, such agreement shall prevail.
(four) other circumstances in which the mortgage right can be realized as stipulated by laws and regulations.
Chapter V Service and Supervision Article 35 Optimize the market service system.
On the land trading institutions or platforms, we will aggregate the business windows of relevant departments or institutions such as trading, registration, taxation and finance, vigorously develop "network government services" and actively promote "one window acceptance, one network handling and one-stop settlement".
Cultivate and standardize intermediary organizations.
Give play to the bridge role of social intermediary organizations in market transactions, develop relevant institutions, and provide services such as promotion, display, consultation, evaluation and brokerage for all parties to the transaction.
Article 36 Improve the market credit system.
Formulate credit evaluation rules and restraint measures for the land market, incorporate the credit records of relevant market entities and intermediary service practitioners into the provincial public credit information platform, and publicize them to the public according to law through channels such as "Credit China (Shandong)", and jointly punish the responsible entities of serious dishonesty in the land market.
Establish a security system.
Strengthen the construction of information security infrastructure and security protection capacity in market transactions, and severely crack down on illegal disclosure, tampering with information or using information for personal gain.
Explore the implementation of the third-party account management model of online trading funds, explore the establishment of a mortgage risk early warning mechanism for construction land use rights and a mortgage fund supervision mechanism, and build a multi-angle and three-dimensional risk resolution and compensation mechanism to effectively prevent and control market trading risks.
Improve the dynamic monitoring and supervision system of the secondary land market and improve the monitoring and supervision information system.
Strictly implement the system of public land price, and update and publish the benchmark land price or demarcated land price in time; Improve the formation, monitoring, guidance and supervision mechanism of land secondary market prices to prevent abnormal fluctuations in transaction prices.
The sources of funds for real estate development related to land transfer shall comply with the relevant provisions on land purchase and financing of real estate development enterprises.
Strengthen the linkage between the primary and secondary land markets, strengthen the connection of the total amount, structure and time sequence of land investment, and use fiscal, taxation and financial means in a timely manner to strengthen the overall regulation of the land market and maintain the stable operation of the market.
Chapter VI Supplementary Provisions Article 37 These Rules shall be interpreted by the Provincial Department of Natural Resources.
Thirty-eighth cities should be combined with the implementation details and local conditions, the specific development of land secondary market management measures, trading rules.
Article 39 These Rules shall come into force on March 1 day, 2022, and shall be valid until February 29, 2024.
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