1. The original land user applies to the land department for returning the land, and the original land user entrusts an evaluation agency recognized by both parties to determine the compensation price and compensate the original land user.
2. The land department shall, according to the adjusted new use and planning conditions of the original plot released by the planning department, comprehensively consider the land transfer fee standard, land cost, market education reference price and the recent transaction price of adjacent plots announced by the government, and the planning, land, finance and supervision departments shall collectively review and determine the starting price of land transfer, and the land trading institutions shall organize bidding, auction and transfer according to law.
3. New land users will be created after bidding, auction and transfer. The new land user signs a transaction confirmation with the land transaction institution, signs a land transfer contract with the land department, and pays the land transfer price according to the contract.
4. The land user shall apply for the certificate of land use right after paying all the land transfer fees according to the land transfer contract.
Extended data:
According to the National Minimum Price Standard for Industrial Land Transfer recently issued by the Ministry of Land and Resources, industrial land must be sold by means of bidding, auction and listing, and its minimum price and transaction price shall not be lower than the minimum price standard corresponding to local land. The general process is as follows:
1, the municipal and county land and resources management departments should evaluate the normal land market price of the land to be sold;
2, the state-owned land use right bidding auction listing announcement, and review the qualifications of the applicant;
3, the city and county land and resources management departments shall, in accordance with the time and place stipulated in the transfer announcement, organize bidding, auction and listing activities. After the bidder is confirmed by on-site auction, the auctioneer or listing person and the bidder sign the transaction confirmation on the spot, and issue the pre-examination approval document for the construction project land to the bidder;
4. The municipal and county land and resources management departments shall issue a letter of approval for construction land to the transferee, and deliver the land to the transferee according to the time and conditions determined in the contract for assignment of state-owned land use rights and the letter of approval for construction land. The transferee shall, in accordance with the contract for the assignment of the right to the use of state-owned land, pay all the assignment fees for the right to the use of state-owned land, apply for land registration according to law, obtain a certificate for the use of state-owned land, and obtain the right to the use of state-owned land.
For land users who need to change the land use agreed in the land use right transfer contract, the following points should be noted:
1, there is a government approval, which is approved by the government (including the government, planning bureau, land and resources bureau, etc.). );
2. If the original land use right transfer contract does not stipulate that the change of land use right should recover the land use right, there is no need to go through the procedures of bidding, auction and hanging;
3. Re-sign the land use right transfer contract or change the contract;
4. Pay the land price difference. For legal documents, please refer to People's Republic of China (PRC) Urban Real Estate Management Law and the State Council Notice on Strengthening the Management of State-owned Land Assets (Guo Fa [2006 54 38+0]654 38+05).
According to the Provisional Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights (Order No.55 of the State Council), it shall be handled in accordance with the provisions of Article 18. Land users who need to change the land use agreed in the land use right transfer contract shall obtain the consent of the transferor and be approved by the land and resources management department and the urban planning department, re-sign the land use right transfer contract in accordance with the relevant provisions, adjust the land use right transfer fee, and handle the registration.
Baidu Encyclopedia-Interim Regulations on Assignment and Transfer of the Right to Use State-owned Land in People's Republic of China (PRC) City
Baidu Encyclopedia-Notice of the Ministry of Land and Resources on Issuing and Implementing the National Minimum Price Standard for Industrial Land Transfer
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