(Adopted at the 21st meeting of Standing Committee of the Third People’s Government of Shenzhen Municipality; Promulgated by Decree No.100 of the People’s Government of Shenzhen Municipality on March 6, 2001)
Chapter One General Rules
Article 1 These Rules are formulated for the purpose of regulating the transactions of land use rights, furthering the reformation of land system, promoting the construction of an incorruptible government, and building up an open, justice and fair land market.
Article 2 These Rules shall apply to the land transaction activities in this municipality.
Land transaction activities include the assignment and lease of land use rights.
For the purpose of these Rules, the assignment of land use right includes the assignment of an above-ground building or its fixture, excluding the assignment of real estate that shall observe the Law of the People’s Republic of China on the Administration of Urban Real Estate and the Regulations of Shenzhen Special Economic Zone on the Assignment of Real Estate.
Article 3 The People’s Government of Shenzhen Municipality shall set up a land transaction market as a special place for land transaction. The land transaction activities mentioned in the preceding articles shall be carried out in the land transaction market.
The administrative department of planning and state-owned land of Shenzhen Municipality shall be the competent department of the land transaction market of Shenzhen (hereinafter referred to as the competent department).
The Land and Real Estate Exchange Center of Shenzhen Municipality (hereinafter referred to as the exchange center) shall undertake the specific work of the land transaction market of Shenzhen, operate according to stipulated functions, duties and procedures, and accept the guiding, supervision and check by the competent department and the supervisory department.
The municipal government shall establish a council in the exchange center to make decisions on important issues. The council shall be composed of the representatives from the competent department, the administrative department of pricing and the exchange center, and of the specialists in the field of real estate, planning, land, or law.
Article 4 Land transaction shall be carried out under the principles of openness, justice and fairness, and may not be intervened illegally by any organization or individual.
Article 5 The following land transaction activities (including segmental transference) shall be openly carried out in the exchange center by means of bidding, auction or listing on the exchange.
1 transferring the land use right of an operational project (including the unused land which is acquired by administrative allocation or for historical reason, and has been taken back by the municipal government).
2. re-transferring the land use right by bidding or auction, which is acquired by land price negotiation and has been taken back according to law because the transferee applies for altering the nature or function of the land, or applies for transferring the land use right.
3. transferring the land use right which is acquired by sale after the buyer has signed a sale contract and paid off the land price.
4. transferring the use right of land whose price is reduced, exempted or is determined by negotiation.
5. transferring the land use right for building a house under collaboration, except for the rural land which is returned after expropriation.
6. transferring the use right of land, which is acquired by compensated transference, by administrative appropriation or for historical reasons, has more than one right owner, and has buildings on it, to the selected transforming unit for transforming where the transforming is organized by the government, or under the approval of the government according to the urban planning.
7. transferring the use right of land, which is acquired by compensated transference, by administrative appropriation or for historical reasons, has only one right owner, and has buildings on it, to the transforming unit which is selected by the land user to carry out the transforming alone or together according to the current planning.
8. transferring a land use right, or an above-ground building and its fixture for exercising mortgage rights;
9. transferring a land use right, or an above-ground building and its fixture which are disposed by a judgment or decision made by a people’s court or law enforcement agency.
10. transferring, within the law, the use right of land for construction which is owned by collective.
The transactions stipulated above may not be carried out by other organizations, such as the intermediary institutions.
Chapter Two Functions and Duties
Article 6 The exchange center shall fulfill the following functions and duties:
1. implementing national policies, laws, regulations and rules on land administration, making inner managerial system, and concretely executing the construction plan and goal of the land transaction market.
2. organizing and undertaking, according to the entrustment by the competent department, a unit or an individual, the work of selling, transferring, or renting the land use right by means of bidding, auction or listing on the exchange, and providing places, services and technical supports, such as providing an expert pool, for the bidding or auction of land use right.
3. accepting the applications for transferring land use rights, examining the transference requirements and confirming successful transactions.
4. collecting, summarizing, reserving, submitting and issuing market quotations of land transaction, and providing consultation services about law and other information.
5. issuing supply and demand information of transferring land use right, providing places for the transaction, negotiation, investment attraction and sale exhibition concerning land use right, and providing places for intermediary institutions, such as the land transaction agencies, evaluation institutions of land price and consultation institutions, to provide intermediary services.
6. setting service terminals for the organs responsible for confirming the evaluation result of land price, transferring ownership after transaction, collecting and charging tax and fees, and issuing certificate for land registration, to work together and. provide one-stop services.
7. handling other matters consigned by the competent department.
Article 7 The exchange center shall establish the following working and management systems:
1. rules on land transaction;
2. operating procedures of land transaction;
3. service commitments of land transaction;
4. financial management system;
5. working codes for staff;
6. rules on the supervision, investigation and punishment to the staff’s activity in violation of disciplines and rules.
Article 8 The land transaction market shall be staffed with a certain number of professionals and be equipped with necessary facilities. An expert pool for land bidding and auction (hereinafter referred to as the expert pool) shall be established and composed of qualified persons, such as the appraisers of land, appraisers of real estate, economic engineers of real estate, price appraisers, lawyers, architects and planners, and of other specialists and scholars.
Article 9 No employee of the exchange center may engage in the business of land transaction market until having accepted the unified training organized by relevant department, and acquired a post qualification certificate through examination.
Chapter Three Methods of Land Transaction
Article 10 Land transaction shall be carried out by the following means:
1. bidding: in the process of which firstly, a bid invitation announcement is issued to start an open bid invitation; secondly, people submits their bids; and finally, the bid winner is determined through evaluation.
2. auction: in the process of which firstly, an auction announcement is issued; secondly, bidders compete at particular time and place; and finally, the bidder offering the highest price acquires the land use right.
3. listing on the exchange: in the process of which an announcement about the transaction requirements is issued at the land transaction institution, and starts the acceptance of transaction applications.
Article 11 Except for the circumstances prescribed in law or rules, the use right of land for an operational project shall be transferred by bidding or auction. Other kinds of land use right requiring to be openly transacted may be transacted by bidding, auction or listing on the exchange at will.
Article 12 Anyone who wants to transfer a land use right by bidding or auction shall make bidding invitation or auction documents, and bidding rules, before the bidding or auction starts, and shall release a bidding or auction announcement 30 days before the bidding or auction starts. The number of bidders participating in the bidding or auction shall be not less than 2.
The announcement shall be released by the consignor in the exchange center and on the world wild web, and shall be published on Shenzhen Special Zone Daily or Shenzhen Economic Daily.
Article 13 A protective minimum price shall be set in transferring a land use right. A consignor shall have the right to make a new transaction arrangement when a requirement on the number of bidders or on the protective minimum price is not satisfied during the transaction of land use right by bidding or auction.
The protective minimum price refers to the pre-tender price of bidding or the retentive price.
Article 14 A consignor shall establish a bidding committee and the number of whose members shall be an odd number not less than 5, if he wants to transfer a land use right by bidding. The director of bidding committee shall be held by a person who is chosen by the consignor from his staff, while the other members shall be held by the experts selected randomly from the expert pool of the land transaction market. If a specialist selected refuses to hold the position by a written notice, another one shall be selected randomly.
Article 15 The main functions and duties of bidding committee shall include reviewing and determining the lowest price for winning the bid (hereinafter referred to as the base price), examining the qualification of bidders, presiding the opening, evaluation and determination of bid, determining the bid winner and issuing the bid-winning confirmation.
A transference contract of land use right shall be signed within 5 days upon the bidding committee determining the bid winner.
Article 16 A consignor shall establish an auction committee which shall be composed of 5 people if he wants to transfer a land use right by auction. The director of auction committee shall be held by a person who is chosen by the consignor from his staff, while the other members shall be held by the experts selected randomly from the expert pool of the land transaction market. If a specialist selected refuses to hold the position by a written notice, another one shall be selected randomly.
Article 17 The main functions and duties of auction committee shall include reviewing and determining the lowest price winning the auction (hereinafter referred to as the retentive price), examining the qualification of bidders, and appointing an auctioneer to preside the auction.
After the auctioneer confirms the winner, the exchange center shall sign an auction-winning confirmation letter with the winner.
Article 18 If a land use right is listed in the exchange for transaction, its lowest price for transaction and other transaction requirements shall be announced. The period of announcement shall be not shorter than 30 days.
When the period of announcement expires, the success of transaction shall be decided according to the following rules:
1. the transaction shall be successful is there is only person applying in the prescribed period, whose quoted price is higher than the lowest price for transaction, and who satisfies the other transaction requirements.
2. the land use right shall be transferred to the person who makes the highest offer if there are more than 2 applicants in the prescribed period, and if quotations are allowed to be made repeatedly; while in the case that the quoted prices are identical, the land use right shall be transferred to the person who makes the first offer.
3. the transaction is not successful and the consignor may adjust the lowest price for transaction and entrust the transaction again to the exchange center, if there is no one applying in the prescribed period, or the quoted price offered by the only applicant is lower than the lowest price for transaction, or the only applicant does not satisfy the transaction requirement.
A quoted price shall be subject to the quotation. When a deal is concluded, a transference contract of land use right shall be signed by the consignor with the buyer, and shall be evidenced by the exchange center.
The lowest price for transaction which is announced shall be determined by the consignor, and may not be lower than the sum of the land price to be made up, the tax and fees to be paid and the fees to be paid for transaction services.
Chapter Four Rules for Land Transaction
Article 19 Anyone who wants to transfer a land use right acquired through assignment shall entrust the exchange center to carry out the transaction, and provide his Certificate of Real Estate Ownership or the sale contract of land use right, and the certificate of having paid off the land price. The exchange center shall arrange transactions directly except that the law, regulations or rules require the transaction to be ratified, where the exchange center shall submit the transaction to the competent department to ratify within 15 days after it finishes verification within 3 days. The exchange center may not carry out the transaction of land use right until the competent department ratifies it.
Article 20 When a person entrusts the exchange center to carry out an open transaction, they shall sign an entrusting contract.
The entrusting contract shall generally include the articles on entrusted matters, time limit, announcement period, entrusting fees, freezing property rights temporarily and unfreezing.
The exchange center shall draw up a model entrusting contract. The consignor may make revisions, additions or deletions to the texts of model contract when he signs an entrusting contract with the exchange center.
Article 21 If an area, where the land is acquired by compensated transference, by administrative appropriation or for historical reasons, has more than one right owner, and has buildings on it, will be transformed by the government or under the government’s approval according to the urban planning, the units removing the buildings and transforming the area shall be chosen by means of bidding or auction at the land transaction market, after the competent department determines the amount of money used for resettlement and compensation which can be deducted from the land price. The winning bidder may sign a transference contract with the competent department after finishing the removing work.
Article 22 If the user of land, which is acquired by compensated transference, by administrative appropriation or for historical reasons, has only one right owner, and has buildings on it, wants the area to be transformed by another person alone or with his cooperation, he shall entrust the exchange center to organize an open transaction for choosing a cooperator or transferee. The exchange center shall examine the transaction within 3 days and submit it to the competent department for ratification. The exchange center shall organize the open transaction if the competent department ratifies it.
Article 23 If a mortgagee wants to execute his mortgage right of disposing the land use right, or the above-ground building and its fixture of the mortgagor, he shall entrust the exchange center to carry out an open transaction, and provide their agreement on disposing the mortgage and the evaluation report approbated by both of them. The exchange center shall arrange the transaction directly except that the law, regulations or rules require the transaction to be ratified, where the exchange center shall submit the transaction to the competent department to ratify within 15 days after it finishes verification within 3 days. The exchange center may not carry out the transaction of land use right until the competent department ratifies it.
Article 24 The transference of land use right, or the above-ground building and its fixture, which is required to be disposed by a judge made by the people’s court, or a decision made by a law-enforcement organ, shall be entrusted to the exchange center to carry out.
If the object to be disposed is a use right of the land which is acquired by administrative appropriation, or is acquired at a reduced or exempted price, the exchange center shall submit the transaction to the competent department for ratification beforehand.
Article 25 When the competent department ratifies a transaction, it shall ascertain whether the land price ought to be made up and the amount of money to be paid to make up the land price. Unless the municipal government stipulates otherwise, after the transaction is concluded, the exchange center shall firstly deduct the money for making up the land price, and for paying other fees from the total transaction money, and then turn in the remained amount to the competent department through a special financial account, on which separate management of income and expenditure shall be carried out.
Article 26 When the exchange center carries out one of the transactions stipulated above, it may and shall only charge the consignor for its services. When the exchange center carries out the transactions stipulated in the provisions of Item 1 or 2 of Article 5, it shall charge 2% of the total transaction money for its services. When the exchange center carries out the other transactions stipulated in the provisions of Article 5, it shall charge 2% of the part of total transaction money which is less than or equal to 50 million RMB yuan, plus 1% of the extra money over 50 million RMB yuan if there is any, for its services.
Expenditures of the exchange center shall be strictly managed, and be subject to audit according to law.
Article 27 When a land use right is transacted at the land transaction market, the relevant party shall register his property right by the Sales Confirmation Letter and the Transferring Contract of Land Use Right.
Chapter Five Supervision, Investigation and Punishments
Article 28 The supervisory department and the competent department shall set mailboxes for accusations and complaints at the exchange center, and shall accept accusations and complaints from the general public to the activities in violation of the disciplines or regulations during the transaction of land use right.
Article 29 The exchange center shall hang, display and exhibit the texts of the rules on selling and transferring land use right, operation procedures, service commitments, and codes for staff at obvious places, and accept supervision by the general public.
Article 30 In any one of the following circumstances, the property rights of land shall not be registered:
1. the land use right, which ought to be transacted openly, is not transacted openly in violation of these Rules;
2. the land use right, which ought to be transacted openly, is not transacted according to the requirements and methods stipulated in these Rules;
3. bidders collude with each other to force price down;
4. other circumstances in which transactions are invalid according to the provisions of law or regulations.
In the circumstances stipulated in the preceding Item 1 and 2, the supervisory department shall impose administrative penalty to the person in charge of the relevant unit and the person directly liable. Criminal responsibility shall be investigated for if there is a crime.
Article 31 Any person working in a government organ or the exchange center, who accepts a bribe, plays irregularity for favoritism, reveals a secret or neglects his duty, shall be imposed penalty by the unit he belongs to, or by the supervisory department. If his activity constitutes a crime, he shall be investigated for criminal responsibility by the judicial authority. If he causes damage to a party of transaction, he shall bear compensation liability according to law.
Chapter Six Supplementary Provisions
Article 32 The assignment of land use right by bidding or auction shall be subject to the Rules of Shenzhen Special Economic Zone onTransferring Land Use Right by Bidding or Auction, unless these Rules provide otherwise.
Article 33 These Rules shall prevail if there is any inconsistency between the provisions of these Rules and those of the relevant rules promulgated by the municipal government before.
Article 34 These Rules shall go into effect as of the date of promulgation.
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