Archived（May 31, 2018）
(Discussed and adopted at the 90th meeting of Standing Committee of the Second People’s Government of Shenzhen Municipality on February 5, 1998; and promulgated by Decree No. 68 of the People’s Government of Shenzhen Municipality on February 6, 1998)
Chapter one General Provisions
Article 1 In order to strengthen the administration to the biddings and auctions of land use rights in Shenzhen Special Economic Zone (hereinafter referred to as the special zone), these Rules are formulated according to the Regulations of Shenzhen Special Economic Zone on the Granting of Land-Use Rights.
Article 2 These Rules shall be applicable to the biddings and auctions of the use rights of state-owned land located in the special zone.
Article 3 The “bid inviter” and “auctioneer” mentioned in these Rules both refer to the competent department of land of the People’s Government of Shenzhen Municipality (hereinafter referred to as the land competent department).
The “bidder” mentioned in these Rules may be an enterprise, organization or individual inside or outside China. If an announcement or letter of bidding invitation sets limitations on the bidders’ status, the limitations shall be applied. The “bid winner” mentioned in these Rules refers to the bidder who obtains the land use rights in accordance with the procedures and conditions stipulated in these Rules.
The “auction bidder” mentioned in these Rules may be an enterprise, organization or individual inside or outside China. If an auction announcement sets limitations on the status of auction bidders, the limitations shall be applied. The “auction winner” mentioned in these Rules refers to the auction bidder who obtains the land use rights by offering the highest price in accordance with the procedures and conditions stipulated in these Rules.
Article 4 The “bid invitation” and “bid submission” mentioned in these Rules refer to the activities that a bid inviter transfers the use rights of state-owned land and that bidders bid for the land use rights according to the provisions of these Rules.
The “auction” mentioned in these Rules refers to the activity that an auctioneer transfers the use rights of state-owned land to a person offering the highest price in a public bidding according to the provisions of these Rules.
Article 5 Bid inviters and auctioneers shall carry out biddings and auctions of land use rights according to the annual land supply scheme approved by the People's Government of Shenzhen Municipality and the demands of market.
Article 6 The use rights of the following land used for making profits shall be transferred by bidding or auction except that law or regulations provide otherwise:
1 Residential land
1) Land used for building a detached house or villa;
2) Land used for building a multi-storied dwelling;
3) Land used for building a high-rise dwelling;
4) Land for mixed commercial and dwelling use;
5) Land for mixed official and dwelling use.
2 Commercial land
1)Land used for catering business;
2)Land for mixed commercial and official use;
3)Land used for whole sale or retail businesses of general merchandise;
4)Land used for whole sale or retail businesses of living goods;
5)Land used for whole sale or retail businesses of production materials;
6)Land used for building a market for enterprise operation;
7)Land used for vacation or entertainment activities.
3 Land used for building a gas station.
4 land used for other project whose use rights are suitable to be transferred by bidding or auction deemed by the bid inviter or auctioneer.
The use rights of the abovementioned land may be transferred by bidding or auction held by a bid inviter or auctioneer based on the market conditions.
Article 7 Biddings and auctions shall be held in accordance with the provisions of law and regulations, as well as the principles of fairness, public and good faith.
Article 8 When the winner of a bidding or auction obtains the land use rights, he shall apply for the Investment License to the municipal administrative department of planning by his Transferring Contract of Land Use Rights (hereinafter referred to as the transferring contract) and the Ownership Certificate of Real Estate, apply for the Qualification Certificate of Real-estate Development to the bid inviter or auctioneer, and apply for other licenses to relevant departments.
Article 9 A committee shall be established when a bidding or auction is held. The committee shall consist of the leaders of the municipal competent department of land, the department of supervision and other relevant departments. The chairman of the committee shall be held by the chief administrative officeror another principal leader of the municipal competent department of land.
Article 10 The winner of the bidding or auction shall pay off the transferring fee of the land use rights, and the fees for land development and municipal supporting facilities (hereinafter referred to as the winning price or the transferring price) at one time within 5 days after the transferring contract is made.
Article 11 The winner of the bidding or auction shall carry out constructions on the land, which is transferred by the bidding or auction, according to the agreements made in the transferring contract strictly, and is prohibited to change the planning without approval. The municipal competent department of land may not change the planning stated in the transferring contract without the approval of the municipal planning committee.
Chapter two Invitation and Submission of Bidding
Section one Invitation of Bidding
Article 12 The invitation of bidding may be carried out by the method of public bidding or invitation-based bidding.
In a public bidding, bidders cast their bids into a bidding box within a specified period; the bid inviter evaluates the bids; and the bidder offering the highest price or getting the highest comprehensive score wins the bid.
In an invitation-based bidding, the bid inviter sends bidding invitation letters to particular objects and evaluates the bids, and the bidder offering the highest price or getting the highest comprehensive score wins the bid.
Article 13 The bid inviter may decide on whether to carry out a public bidding or invitation-based bidding according to actual circumstances. If an invitation-based bidding is carried out, the number of invited bidders shall not be less than three, and that the bid inviter shall select invited bidders according to the comprehensive situation of planning, development intensity, commercial reputation and sufficiency of funds.
Article 14 The committee of bidding shall consist of 7 members and fulfill the following main functions and responsibilities: making bid invitation documents; reviewing and determining the base price of the bid (hereinafter referred to as “base price”); determining the invited bidders; examining the qualification of bidders; presiding over the opening of bid, evaluating the bids and determining the winner of bid and sending out the bid-winning confirmation letter.
When comprehensive bid evaluation method is adopted in the bid evaluation process, the bid inviter shall invite two specialists from the society to participate in the evaluation process of the bidding committee.
The bidding committee shall perform its responsibilities in the name of the bid inviter.
Article 15 The base price of the bid shall be kept secret. The members of bidding committee and all staffs participating in the bidding process shall be obliged to keep the base price confidential.
If all bidding prices are lower than the base price, the bid inviter shall declare that the bids are invalid. However, if the comprehensive bid evaluation method is adopted and one designing project of planning is outstanding, a bid winning price can be determined unanimously by the committee members attending the bid opening process.
Article 16 The bid invitation documents shall include a bidding announcement, a bidding invitation letter and bids.
A bidding announcement of public bidding shall be published on Shenzhen Special Zone’s Daily or Shenzhen Economic Daily at least 30 days before the deadline of the bid submission process. The bidding announcement shall contain the following contents:
1 the location, current status, area, using term and usage of the land, together with the designing requirements of planning;
2 the required status and qualification of bidders;
3 the date and place when and where the bidders can get bids, and the amount of the bids’ flat cost;
4 the place and deadline of bid submission;
5 the paying method and amount of the bid winning price;
6 the method for bid evaluation;
7 the place and time for bid opening process;
8 other necessary matters to be announced as considered by the bid inviter.
In an invitation-based bidding, a bidding invitation shall be sent out to invited bidders at least 30 days before the deadline of bid submission process. The bidding invitation letter shall contain the following contents:
1 the contents prescribed in Item 1,4,5 and 6 of the second Paragraph of this Article;
2 other necessary contents to be added in as considered by the bid inviter.
The form of a bid shall be formulated by the bid inviter.
The form of a transferring contract shall be offered to bidders with the bids at the same time.
Article 17 If a bid inviter needs to alter the contents of the bidding announcement or bidding invitation letter, he shall announce the alteration at least 7 days before the deadline of the bids submission process.
Section two Bid Submission
Article 18 When submitting a bid, a bidder shall fill in the bidding documents, make them signed by its legal representative, affix them with official stamps and seal them. If the bidder is a natural person, the documents shall be signed by the person himself.
Bidders shall put their bidding documents into the bidding box prior to the deadline of bid submission process. The bidding documents of a bidder shall include a copy of its business license, the certificate of its legal representative, and a photocopy of its legal representative’s identity card ( or a photocopy of the bidder’s identity card if he is a natural person).
When submitting a bid, a bidder shall pay off a deposit no less than the announced amount.
The performance bond shall be paid by bank check or bill of exchange which may be cashed immediately at sight at the bank designated by the bid inviter, and is valid within 5 days upon the conclusion of transferring contract.
A bidder may post his bid if the announcement allows him. The posted bid shall not be valid unless the bid inviter receives it before the deadline of the bid submission process.
Article 19 The bidding documents may not be withdrawn once being put into the bidding box. A bidder shall bear responsibilities on his bid documents and other relevant written commitments, and fully perform his commitments.
Article 20 Bidders shall survey the land they bid for. If a bidder has an objection to the land’s current status, he shall file the objection before submitting a bid. Once the bidder puts a bid into the bidding box, it shall be considered that he has no objection. The land shall be deemed as being delivered by the bid inviter when the transferring contract is concluded.
Article 21 If a bid inviter alters bidding documents according to the provisions of Article 17, bidders may amend or revoke their bids before the deadline of bid submission process.
Article 22 The money paid for bid submission shall be borne by the bidders.
Section Three Bid Opening and Bid Determination
Article 23 The opening of a bid shall be carried out by the bid inviter at the date and place prescribed in the bidding announcement or bidding invitation letter. A bid may not be determined unless no less than two thirds of the members of the bidding committee consent.
Article 24 The bidding shall be carried out according to the following procedures:
1. enumerating the bidding documents;
2. opening the bidding documents;
3. examining the bidding documents and the attached file, and declaring which bidding document is invalid because of being inconsistent with the requirements;
4. evaluating and determining the bid, and determining that the bidder who offers the highest price or gets the highest integrated score is the bid winner;
5. sending out the Bid-winning Confirmation to the bid winner;
6. the bid winner signing the transferring contract with the bid inviter immediately after winning the bid. If the contract cannot be signed immediately due to working procedures, the signing can be postponed to the next working day.
Article 25 The bidding documents shall be invalid under the following circumstances:
1. The bidding documents are submitted after the deadline of bid submission process, or the bidding documents are posted out and are received after the deadline of bid submission process;
2. The bidding documents or their attached fire are not complete or not in compliance with the bidding requirements;
3. The writing in the bidding documents or in their attached file is vague and hard to be recognized;
4. The bidder is disqualified;
5.The entrusting documents are not complete or not in compliance with the requirements if there is an entrustment;
6. The bid is repeated.
If a bid is invalid, the bid inviter does not need to make explanations to the bidder.
Article 26 If a bidding is announced invalid according to the provisions of Paragraph 2 of Article 15, the bid inviter shall determine the date for another bidding.
Article 27 If the base price of a bid is disclosed, the bid inviter shall terminate the bidding before opening the bid. The termination of bidding shall be public announced or notified to the bidders.
Article 28 During the course of the bidding, if a bid winner is cancelled his qualification, the bidding committee can determine another bid winner or arrange for another bidding.
Chapter 3 Auction
Article 29 An auction committee shall consist of 7 members. The main responsibilities of the auction committee shall be: to formulate auction documents, to review and determine the reserve price (hereinafter referred to as the reserve price ), to examine the qualification of auction bidders, to appoint the presider of an auction, and to determine the auction winner and sign the Auction-winning Confirmation Letter.
The auction committee shall perform its responsibilities in the name of the auctioneer.
Article 30 The auctioneer may set a reserve price. If the highest price offered by the auction bidders is lower than the reserve price, the offering is invalid, and therefore the auction’s presider shall terminate the auction.
The reserve price shall be kept confidential. The members of auction committee and the working staffs participating the auction have obligations to keep the reserve price confidential.
Article 31Bidders shall survey the land to be auctioned. If a bidder has an objection to the land’s current status, he shall raise his objection when applying for bidding. If a bidder participates the auction, he shall be deemed as having no objections. The auctioneer shall be deemed as having delivered the land when the transferring contract is concluded.
Article 32 The auction documents shall include an auction announcement and the application forms of auction.
The auction announcement shall be published on Shenzhen Special Zone’s Daily or Shenzhen Economic Daily at least 30 days prior to the auction date, and shall include the following contents:
1 the location, current status, area, using term and usage of the land, together with the designing requirements of planning;
2 the required status and qualification of bidders;
3 the date and place of the auction to be held;
4 the paying method and amount of the dealing price;
5 the date and place when and where the bidders can get the application forms of auction, and the amount of the form’s flat cost;
6 the method of applying for participating the auction, and the deadline of the application process;
7 the place and time for inquiring about the bidding qualification;
8 Other necessary matters to be announced as considered by the auctioneer.
The application form of auction shall be formulated by the auctioneer.
The form of transferring contract shall be provided to the auction bidders together with the application form.
Article 33 If an auctioneer needs to alter the contents of auction announcement, he shall announce at least 7 days prior to the deadline of application process. Auction bidders may alter or withdraw their auction applications before the deadline of application process.
Article 34 An auction bidder shall submit his auction application prior to the deadline of application process, and provide the following materials: the auction application form, a copy of its business license, the certificate of its legal representative, a photocopy of its legal representative’s identify card (or of the bidder’s identity card if he is a natural person).
When offering the bidding price of an auction, a bidder shall pay off a performance bond no less than the announced amount.
The performance bond shall be paid by bank check or bill of exchange which may be cashed immediately at sight at the bank designated by the auctioneer, and is valid within 5 days upon the conclusion of transferring contract.
Article 35 Bidders shall bear responsibilities to their commitments made in the auction application forms, and fully perform the commitments.
Article 36 The money spent by auction competition shall be borne by the auction bidders.
Article 37 The auction committee shall examine the application file provided by the bidders. An application shall be deemed as invalid under any one of the following circumstances:
1 The application file is received after the deadline of application process;
2 The application file is not complete or is not in compliance with the requirements;
3 The writing in the application file is vague and can’t be recognized;
4 The applicant is disqualified;
5 The entrusting document is not complete or not in compliance with the requirements if there is an entrustment.
If an application is invalid, the auctioneer does not need to make explanations to the auction bidder.
Article 38 The auctioneer shall provide numbered auction cards to all qualified bidders.
The auction card represents the qualification of a bidder. During the auction, no bidder may withdraw his lifted auction card before a new price is offered.
Article 39 The auctioneer shall hold an auction at the announced time and place. The auction shall be presided over by an auction presider, and be recorded its entire process by a recorder.
Article 40 An auction shall be carried out as the following procedures:
1 bidders showing their auction cards for the auction presider to enumerate the number of bidders;
2 the auction presider introducing the location, area, usage, using term, planning requirements and other matters concerning the land;
3 the auction presider announcing the starting price and the increasing margin of price based on the first bid;
4 the auction presider announcing the starting price;
5 bidders offering their prices;
6 the auction presider dropping the hammer if no new price is offered after he announces the last price for consecutively 2 times;
7 the auction presider announces the bidder offering the last price be the auction winner;
8 the auctioneer signs the Auction-winning Confirmation Letter with the auction winner.
Article 41 The Auction-winning Confirmation Letter shall include the following contents:
1 title(or name) and address of the auctioneer and the auction winner;
2 the object of auction;
3 time and place of the auction;
4 commitment made by the auction winner that its bank check or bill of exchange can be cashed immediately at sight;
5 time and place for signing the Transferring Contract of Land Use Rights;
6 default liabilities and dispute resolution methods;
7 other matters needed to be addressed.
Article 42 The auction winner shall sign the transferring contract with the auctioneer immediately after the auction deal is made. If the transferring contract cannot be signed immediately due to working procedures, the signing may be postponed to the next working day.
Chapter 4 Legal Liabilities
Article 43 The bid winner or the auction winner who commits any one of the following actions shall be deemed as in default. The bid inviter or the auctioneer can cancel his winning qualification. In addition, the bid winner or the auction winner shall pay 20% of the bid winning price to the bid inviter or the auctioneer as penalty. If the bid inviter or the auctioneer transfers the land use rights later at a price lower than the previous bid winning price, the bid winner or the auction winner shall pay for the difference in the two prices.
1. the bank check or bill of exchange issued by the bid winner or the auction winner cannot be cashed or can only be cashed partially in the validity period;
2. the bid winner or the auction winner does not sign the transferring contract within the designated time.
Article 44 If a bidder provides false file to conceal the truth, the bid inviter or the auctioneer can cancel his bidding qualification. If the bidder wins the bid or the auction, the bid inviter or the auctioneer can cancel his winning qualification, terminate the transferring contract, and repeal the Ownership Certificate of Real Estate. If the bidder causes any damage, he shall compensate the loss according to the provisions of Article 43.
Article 45 If the bid winner or the auction winner wins the bid or the auction through bribery or other illegal means, the bid inviter or the auctioneer can cancel his winning qualification, terminate the transferring contract, and repeal the Ownership Certificate of Real Estate.
Article 46 Any member of the bidding or auction committee, or any working staff participating the bidding or auction process, who discloses the base price or reserve price, or pursues private interests through misconduct, shall be investigated for administrative liabilities by the administrative department of supervision, and be expelled from the position of public servant.
If the activity is serious and constitutes a crime, the judicial organ shall investigate for criminal liabilities.
Chapter 5 Supplementary Provisions
Article 47 The People’s Government of Shenzhen Municipality shall be responsible for interpreting these Rules.
Article 48 These Rules shall come into effect as of the date of promulgation.
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