State-owned enterprise reform allocated land use rights management Interim Provisions

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Foreword SOE reforms in allocation of land use rights management Interim Provisions Article Article Article Article Article Article Article Article Article Article IX Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX expand Edit this paragraph preface PRC State Land Administration Order No. State-owned enterprise reform in the 8th allocated land use rights management Interim Provisions "has been February 11, 1998 the State Land Administration Bureau office meeting, is hereby released from March 1, 1998 into effect. [1] Secretary Zouyu Chuan February 17, 1998 Edit this paragraph the reform of state-owned enterprises allocated land use rights management Interim Provisions Article to support state-owned enterprise reform, and further implement system of paid use of land, clear land property rights to strengthen the management of land assets, according to the land management laws, regulations and relevant policies,cr7 cleats 2013, enactment of this provision. Article corporate restructuring state-owned enterprises, the formation of enterprise groups, stock cooperative system restructuring, lease management and sale, merger, consolidation, bankruptcy reform, involving the transfer of land use rights management should comply with the regulations. State-owned enterprises to use Article allocated land use rights, it shall gradually implement system of paid use. Reform of state-owned enterprises involved in the allocation of land use rights, according to the different forms of enterprise reform and the specific circumstances, can be taken separately owned land use right transfer, lease state-owned land, the state appraised value of land use rights (shares) and retained allocated land use patterns be disposed of. The term leases of state-owned land, is above the county level land users and land administration department of the people's government signed a certain period of land lease contract and pay rent behavior. Land lease contract by the Lessor consent can be transferred, changed the original contract specified conditions of use, should be re-signed a land lease contract. Signed a land lease contract and the transfer of land lease contract shall be for land registration and registration changes. Leasehold land and housing buildings, structures can be secured by law, the mortgagee is achieved, while the transfer of land lease contract. The term national appraised land use rights (shares), refers to the country in a certain period of state-owned land use right price, as the investor invested enterprises newly established after the reorganization, the land use rights held by the newly-established enterprises, can follow the land management laws and regulations on land use rights law to transfer, lease, mortgage. Appraised value of land use rights (shares) the formation of national equity, in accordance with the state-owned assets investment entities have the right of approval by the land administration department of the people's government by a qualified state-owned equity holdings unified unit holders. Article country according to need, you can certainly lives after consideration of state-owned land use rights granted to the State Council approved the establishment of the state holding company, as a state-authorized investment institution owned company and group company management. Authorized to operate state-owned land use right by the State Land Administration approval, and sent to the management of state-owned land use rights attorney. Authorized state holding companies, state-authorized investment institution as a state-owned company, and corporations with power of attorney, can enterprises directly under him, holding companies, joint stock companies to appraised value (shares) or the allocation of land leasing,Mercurial Vapor VIII, etc., companies should hold management of land use rights attorney and related documents, according to the required change of land registration. Land use rights are authorized to operate national holding company, state-owned company, the company must accept the supervision and management departments authorized. Companies must be authorized to land assets and increase the value to availability annual report; land equity of the enterprise as well as the annual change in the disposal of assets of the land documents and Times authorized departments for the record; authorized department annually on the business case and implementation of land assets land management laws and regulations, supervision and inspection, corporate violation of land management laws and regulations as well as beyond the scope of authority and authorized the use of land or disposal of land assets, authorized department shall be entitled to be investigated, and to hold the legal responsibility of the parties . Requires consideration of state-owned land use rights to provincial enterprises authorized to operate by the State Bureau of Land Management approved by the provincial people's government decided to land administration department in accordance with this Article shall apply. Article enterprise reform involves allocation of land use rights of the following circumstances, it shall adopt assign or otherwise dispose of leases: (a) modification or restructuring of state-owned enterprises as a limited liability company, joint stock company and the formation of enterprise groups; ( two) into shares of state-owned enterprise restructuring cooperative system; (three) operating leases of state-owned enterprises; (four) non-state-owned enterprises mergers. Article bankrupt state-owned enterprises or sold, the original allocation of land use rights of corporate leasing should be disposed of. Bankrupt enterprises are determined by the State Council, the pilot enterprises to optimize the capital structure within the city limits of state-owned industrial enterprises, land use right transfer fee should be placed first workers of bankrupt enterprises, bankruptcy of enterprises will be secured by land use rights, the mortgagee realization discount or land use rights auction, sale proceeds should be used first after the placement of workers of bankrupt enterprises. Article in accordance with national industrial policy, by state-controlled people's livelihood, key areas of the national economy and infrastructure industries business or large enterprise, transform, or reorganized as a limited liability company, joint stock company and the formation of enterprise groups, involving The allocation of land use rights by the provincial people's governments above the land administration department approval, may take national appraised land use rights (shares) otherwise disposed of. Article 8 An enterprise reform involves land use rights, one of the following circumstances, reservations can be taken to allocate the approved disposal: (a) continue to serve as urban infrastructure, public welfare undertakings and supported by the state's energy, transportation, water projects such as land use, land use does not change the original, but the modification or restructuring of corporate enterprises, except; (two) state-owned enterprises mergers and state-owned enterprises and state-owned enterprises or state-owned enterprise merger, consolidation or merger of state-owned industrial enterprises enterprises; (three) in the state-owned enterprise merger, consolidation, the merged state-owned enterprises or state-owned enterprises merge party companies belonging to the brink of bankruptcy; (four) of state-owned enterprise reform or restructuring of state-owned companies. Preceding paragraph (two), (three), (d) allocation of land reserved manner for a period not exceeding five years. Article IX disposal of land use rights, shall meet the following criteria: ownership of land use rights must be lawful, non-controversial, and has been for land registration, companies holding land use rights certificates. Not yet registered, companies should land land management departments for local land tenure audit to obtain land administration department issued proof of land ownership. Land use rights, while retaining the allocation of land approaches, is taken otherwise disposed of, premium assessment must be carried out. Enterprises should be entrusted by the State Land Administration Bureau and the provincial people's government land administration department certification, with the appropriate agencies qualified land valuation premium assessment. Article disposal of land use rights shall be according to the following procedures: (a) the right to dispose of the land use plan formulation. By the enterprise or business affiliation disposal program formulation of land use rights, the main contents include the form and content of enterprise reform, corporate status and current land use situation of the land to be disposed of, the proposed disposal methods and disposal price and the grounds. (Two) premium assessment results confirm and disposal of land use rights program approval. Land and land use rights assessment results disposal plan shall be submitted to the approval by a government land management department for confirmation and approval, approval should be submitted simultaneously when the approval documents of enterprise reform, asset restructuring plan, the land use rights certificate or proof of ownership of land and other related materials. Enterprises to corporate restructuring, reorganization, or to form enterprise groups, belonging to the State or the State Council approved the establishment of the department authorized companies and enterprise groups and listed overseas companies, land and land use rights valuation results disposal program by the enterprises subordinate units to the State Land Administration Bureau confirmed and approval; belonging to the provincial people's government or its authorized departments approved the establishment of companies and enterprise groups, land and land use rights of the valuation results disposal program by the enterprises subordinate units reported to the provincial people's government land management department for confirmation and approval. Stock cooperative enterprises restructuring, lease management and sale, merger, consolidation, bankruptcy, land and land use rights valuation results disposal program by the enterprises subordinate units next higher level people's government land management department for confirmation and approval; belong to the central enterprises,Adidas AdiPure FG, the State Land Administration confirmed that approval. (Three) signed a contract with the change of land registration. Disposal of land use rights plan is approved, adopt state-owned land use right transfer disposal, the enterprise should have an approved disposal of land use rights documents and other relevant documents relating to land location of the city and county governments signed the land administration department of state-owned land use right transfer contract, in accordance with regulations for land registration procedures; take state land lease disposal, companies should dispose of the land use rights holders approval documents and other relevant documents relating to land at the county level people's governments above the land administration department of state-owned land lease contract signed, and accordance with the regulations for land registration procedures; adopting national appraised value of land use rights (shares) otherwise disposed of, the enterprise should hold the State Land Administration or the provincial people's government signed the land administration department approved disposal of land use rights documents and appraised value (shares ) decision, according to regulations for land registration procedures; take reservations allocation of land disposal, the enterprise should have an approved disposal of land use rights documents and other relevant documents required for land registration procedures. Appraised value of land use rights (shares) determines the style of the book, the content separately by the State Land Administration unified regulations. Article XI disposal of land use rights in respect of land use rights premium, rent, contributed as capital (equity) to determine the amount, shall be approved by a right to the land administration department of the people's government recognized land valuation based on the results. Article XII of the land administration department shall establish premium assessment results confirm and disposal of land use rights and authorized to operate the triage system for approval by the relevant authorities of the department triage, before signing, ratifying opinions. Article XIII of state-owned enterprise reform in the disposal of land use rights, the land use must comply with local land use planning, urban planning area, shall comply with town planning, land use needs to be changed, it shall apply for approval , pay the premium or cost of compensation for the use of the land; according to the State Council, is a special industry, state-owned enterprises, the land revenue can be left full enterprise, enterprise workers for placement and repayment of corporate debt. Article XIV of the land ownership illegal or controversial, did not apply for land registration or failure to provide land management, land ownership certificate issued by the department, not by land management laws, rules and regulations and the provisions of the land evaluation, land assessment results are not recognized, the land use rights shall not be approved disposal program. Enterprises involved in the reform of the land use rights, and the occurrence of unauthorized disposal of land use rights transfer or change of land use, according to the area of ​​illegal transfer of land or illegal punishment. Land administration department in violation of the provisions of the approved disposal plan of land use rights is invalid, the persons responsible for its units pursue the administrative responsibilities. Article 15 The provisions not covered by other forms of state-owned enterprise reform in the allocation of land use rights of disposal, who do not belong to the provisions relating to the allocation of land reserved disposition of the case, shall be granted or leased, appraised value (shares) mode disposal of land use rights. Article XVI non-state-owned enterprises reform involves the disposal of the allocated land use rights, land approval authority in accordance with the right of approval by the land administration department of the people's government approval, the reference to these provisions. Article 17 Prior to the implementation of the provisions made by the State Land Administration and the regional development of the relevant provisions of the relevant enterprise reform management practices disposal of land use rights provisions inconsistent with this, the latter shall prevail. SOE reforms enacted over the allocation of land use rights in the disposition of this provision shall regulate, in compensation for the use of land costs, may take appropriate incentives to encourage and support state-owned enterprise reform, specific measures by the country according to the local actual situation. Article 18 The provisions of the State Land Administration responsible for the interpretation. The provisions of Article XIX since March 1, 1998 into effect.