Provisions of Dalian Municipality on Strengthening the Administration of Land Use for Development
BY 2004-04-06 11:14:04
(Promulgated by Dalian Municipal People?ˉs Government on July 23, 1996 in document No. 69; amended in accordance with Decisions of Dalian Municipal People's Government on Amending Some Municipal Government Rules on March 10, 2003)
Article 1 In accordance with the relevant laws, regulations and policies of the state, and in combination with the actual circumstances in Dalian municipality, the provisions are formulated with a view to reinforcing the administration of land used for development and construction in the city area, and developing and utilizing land resources rationally.
Article 2 The provisions shall apply to the units and individuals that utilize state-owned land for development and construction within the administrative areas of Zhongshan district, Xigang district, Shahekou district and Ganjingzi district in Dalian municipality (as ?°in the city area?±).
Article 3 The leading group for real estate development and management of Dalian municipality (hereinafter referred to as ?°leading group?±) shall be responsible in a unified way for examination and approval of land used for development and construction in the city area. The real estate development and management office of Dalian Municipality (hereinafter referred to as ?°municipal development office?±) shall be responsible for specific daily management work.
Article 4 Units and individuals that use state-owned land in the city area shall acquire land-use right according to law, and they may carry out development and construction only after obtaining certificate of land-use right.
Article 5 Units and individuals that utilize collectively-owned land for developing real estate or initiating joint venture or cooperative venture in the city area shall, according to provisions, go to the land planning department for conducting land expropriation formalities; and in addition, according to provisions on the use with compensation, may use the land only after obtaining certificate for state-owned land use.
Article 6 Unit and individuals that acquire land-use right according to law shall, according to the use of land provided for by relevant certificates of confirming land-use right, use and protect the land. Changing the use of land without approval shall be taken as illegal use of land.
Article 7 Unit and individuals that acquire land-use right by granting shall, according to the use of land and planning scheme provided for by granting contract, use the land. Changing the use of land and planning scheme is subject to the approval of the leading group.
Article 8 Units and individuals that acquire land-use right by allotment, when in need of changing the use of land, shall be subject to the approval of the leading group, and pay the relevant fees according to the following provisions:
(1) When utilizing allotted land for joint development and construction, the parties concerned shall go through formalities for granting of land-use right, and pay the fees for granting of land-use right according to the provisions;
(2) When transforming land for production into operational land, the parties concerned shall pay the land price according to the provisions. Proper reduction and exemption is allowed with the approval of the leading group under special circumstances.
(3) When utilizing the original factory buildings (structures) to set up joint venture, cooperative venture, ?°grafting?± enterprises and internally-joint enterprises, the parties concerned shall pay the amount of land price according to the provisions.
Article 9 When the right to the use of allotted land is transferred together with the ownership of buildings and other fixtures on the land concurrently, units and individuals that acquire land-use right by allotment shall, subject to the examination and approval of the transferred projects by the leading group, go to the real estate and land planning departments for conducting formalities for transferring ownership of real estate and the right to land use.
Article 10 When the units and individuals that acquire land-use right by allotment sell the buildings and structures such as houses on the land (including public housing, unit self-administered housing and private housing), the parties concerned shall acquire land-use right by granting, and pay the fees for granting of land-use right, or the amount of land proceeds according to the provisions.
Article 11 With regard to payment of the fees for granting of land-use right for transfer of the right to the allotted land use, as well as above-ground buildings and other fixtures, it shall be handled in accordance with the following procedures:
(1) The transfer parties sign written transfer contract;
(2) The transfer parties shall, within 15 days from signing of the transfer contract, apply to the municipal development office together with such documents as real estate ownership certificate, legal proof of the parties and the transfer contract, and declare the business price;
(3) The municipal development office shall examine the relevant documents provided by the transfer parties, and when necessary, make spot inspection and land price appraisal for the transferred land-use right;
(4) The municipal development office shall report the transfer project to the leading group for examination and approval;
(5) The transfer parties shall pay the amount of land price and relevant tax according to the provisions;
(6) The transfer parties shall go through registration formalities for change of real estate ownership according to the provisions.
The procedures on the payment of the amount of land proceeds for transfer of the right to the allotted land use, as well as above-ground buildings and other fixtures shall be formulated separately by the municipal people?ˉs government.
Article 12 With regard to merger of enterprises, the merger shall acquire the original land-use right of the merged enterprise according to law.
The merger that utilizes the land of the merged enterprise for development and construction or changes the original land use of the merged enterprise, shall go through the relevant formalities according to the provisions on the administration of state-owned land transactions.
Article 13 The municipal development office shall organize to collect the fees for granting of land-use right, and the designated department of the municipal government shall organize to collect the amount of land proceeds; both fees shall be fully turned in to the public finance.
The fees for granting of land and the amount of land proceeds shall be used for city construction according to the use plan issued by the municipal government.
Article 14 Those who violate the provisions, such as using the land or changing the use of land without approval, or transferring the right to the use of allotted-land without authorization, shall be punished by the competent authorities in accordance with the relevant provisions of national laws and regulations.
Article 15. Units and individuals that utilize the state-owned land to engage in nonagricultural constructions (including utilizing collectively-owned land to develop real estate and initiate joint ventures and cooperative ventures) and acquire real estate through transfer after September 2, 1992, shall make registration of housing ownership and land-use right according to provisions. For those who acquire real estate without approval by the leading group, the agency responsible for registration shall deny conducting registration and license-issuing formalities for them.
Article 16 Upon implementation of Procedures of Dalian Municipality on the Administration of Granting and Transfer of the Right to the State-owned Land Use on September 2, 1992, those who use land for development and construction without conduction approval formalities shall go through the formalities again. The time limit for the above formalities is 3 months, calculated from the date of entry into force of the provisions.
Article 17 The people?ˉs governments of county (county-level municipality), district may refer to the provisions to formulate the administration procedures.
Article 18 The provisions go into effect on the date of promulgation.