What does the state owned land certificate mean by allocation

According to the provisions of the Land Management Law of the People's Republic of China and the Urban Real Estate Management Law of the People's Republic of China, state-owned allocated land refers to the land used by state organs, military land, urban infrastructure land, public welfare land, energy, transportation, water conservancy and other infrastructure land supported by the state, and other land used by laws and administrative regulations.

The allocation of land use rights refers to the state-owned land use rights obtained by land users in accordance with the law through various means other than the transfer of land use rights, and it is also a place for the state to continue to provide land users with production and operation sites free of charge for a certain period of time.

Generally speaking, the difference in cost composition between the acquisition of allocated land use rights and the acquisition of transferred land use rights lies in whether the transfer fee has been paid. According to the provisions of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights, the land use right transfer fee is different from the transfer, lease and mortgage of land use rights, and is charged according to a certain proportion of the marked land price, and the minimum shall not be less than 40% of the marked land priceThe land price shall be determined by the local city and county people's ** land management department according to the benchmark land price, according to the transfer, lease, mortgage term of land use rights and the conditions of the plot.

According to Article 2 of the Interim Measures for the Administration of Allocated Land Use Rights, the allocation of land use rights refers to the state-owned land use rights obtained by land users in accordance with the law through various means other than the transfer of land use rights.

Article 22 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates the ways to obtain the allocated land use right: "The allocation of land use right refers to the act of handing over the land to the land user for use after the land user pays compensation, resettlement and other expenses with the approval of the people at or above the county level in accordance with the law, or the land use right is delivered to the land user for use free of charge." Where land use rights are obtained by way of allocation in accordance with the provisions of this Law, there is no restriction on the period of use, except as otherwise provided by laws and administrative regulations. ”

That is, the land is a housing reform or fund-raising house, and the land does not need a land transfer fee, but is allocated by the state to the developer. To put it bluntly, the allocated land does not require money or less money, and the transferred land requires money.

Legal analysis: The allocation of land use rights mainly refers to the act of handing over the land to the land user for use after the land user pays the compensation or resettlement fee, or the state-owned land use right is handed over to the land user for use free of charge. Except as otherwise provided by administrative regulations or laws, the land use rights obtained through the form of allocation generally do not have any time limit on use, but the land use rights cannot be transferred.

The object of land use right allocation is: according to the relevant national policies and regulations, the allocation method can continue to be used for the construction of state-invested public institutions, party and government offices, public equipment, public utilities and state-owned industrial units. The characteristics of land use right allocation are as follows:

It is of a public interest nature, an administrative act, free of charge, and has no time limit.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 22 In accordance with the provisions of this law to obtain land use rights by way of allocation, except as otherwise provided by law and Yanfeng administrative regulations, there is no limit on the period of use. "The land use right has a time limit, and the housing land is used for 70 years, and it is used for a fee after the expiration.

Legal analysis: The allocation of land use rights refers to the act of handing over the land to the land users after paying compensation, resettlement and other expenses approved by the people at or above the county level in accordance with the law, or handing over the land use rights to the land users without compensation.

Except as otherwise provided by laws and administrative regulations, there is no restriction on the term of use of land use rights obtained by way of allocation, and land use rights cannot be transferred.

Legal basis: "Interim Measures for the Administration of Allocated Land Use Rights" Article 2 Allocation of land use rights refers to the State-owned land use rights obtained by land users in accordance with the law through various methods other than the transfer of land use rights.

Land allocation is one of the ways of land acquisition, which means that the developer has not paid the land transfer fee to the state when the land is acquired; Land transfer means that the developer acquires the land in a paid manner and pays the land transfer fee according to the relevant proportion of the assessed land price. The main difference between the two is that the state-owned land use right does not have a term of use, while the state-owned land use right has a land use period limit. For example, the service life of ordinary houses is 70 years, commercial buildings are 40 years, comprehensive buildings are 50 years, and so on.

Allocation refers to the state-owned land use right obtained by the people at or above the county level in accordance with the law, after the land user pays compensation, resettlement and other fees, or the state-owned land use right obtained free of charge after the approval of the people at or above the county level in accordance with the law. There are several ways to acquire land, such as leasing, shareholding, granting relatives the right to repent, transferring, and allocation. When the land is expropriated by the state, there is no compensation for land vacancies.

When the house on the land is transferred, the land certificate can be directly renamed, and only a handling fee of RMB square meter is required, and there is no need to pay the land transfer fee. In addition, the house with the land certificate is high at the time of the second transaction, and if the mortgage is made for personal mortgage, the guarantee is required, but the land certificate is not required.

The allocation of land use rights refers to the act of handing over the land to the land users for use after the land users pay compensation, resettlement and other fees approved by the people at or above the county level in accordance with the law, or the land use rights are delivered to the land users for use free of charge.

Except as otherwise provided by laws and administrative regulations, there is no restriction on the term of use of land use rights obtained by way of allocation, and land use rights cannot be transferred.

The allocation of state-owned land use rights is a kind of state-owned land use rights, and its special features are mainly two parties: one is the way to obtain the right, because there is no land use fee paid to the state, it belongs to the free acquisition of state-owned land use rights; The second is the term of the right, except in the case of a statutory period, the allocation of state-owned land use rights generally does not have a term of use.

On this basic bridge, there is another feature, that is, the right to trade restrictions, the allocation of state-owned land use rights shall not be transferred, leased, mortgaged separately, if the land user needs to use the allocated land for transactions, one is to be approved by the state land management department, the other is to obtain the transfer of state-owned land use rights.

Where the right to use State-owned land is transferred or otherwise traded with buildings or attachments on the ground, the land proceeds shall be handed over to the State.