What is the difference between land transfer, listing transfer and bidding auction?

Answer: There are similarities and differences between listing and bidding and auction. The common denominator is that no matter bidding, auction or listing, they also have the characteristics of openness, fairness and justice; The difference is:

First, the listing time is long, and multiple times are allowed, which is conducive to rational decision-making and competition among investors; Second, it is easy to operate and easy to carry out; Third, it is conducive to the formation and operation of the tangible land market. To this end, the Ministry of Land and Resources has juxtaposed the listing and auction methods, and regarded the listing and transfer as an important supplement to the transfer of state-owned land use rights by bidding and auction, and has made more detailed provisions on the scope of application and procedures for listing and transfer. Considering that there may be a large number of bidders competing for bidding at the end of the listing, in order to maximize the benefits of the land, according to the provisions on the transfer of state-owned land use rights by bidding, auction and listing (Order No. 11 of the Ministry of Land and Resources) laws and regulations, it is stipulated that:

At the end of the listing period, if there are still two or more bidders requesting **, the transferor shall conduct on-site bidding for the listed parcel, and the bidder with the highest bid shall be the bidder. **Decree No. 11 of the Ministry of Land and Resources).

Land use right listing transfer refers to the bidding and auction of the land, not like the auction of the price on the spot, he is a piece of land to be transferred, the conditions for the transfer of land are announced, and then in a period of time (a week or a month) eligible can go to the bid to buy, the buyer's ** published on a billboard, and finally the highest which to buy, and allowed many times, is conducive to rational decision-making and competition among investors; Second, it is easy to operate and easy to carry out; Third, it is conducive to the formation and operation of the tangible land market. Listing for sale is an important supplement to the transfer of state-owned land use rights by way of bidding and auction.

The auction of land use rights refers to the act of buying and selling land use rights at a specified time, in a public place, and under the auspices of the host, through open bidding and pricing.

In China, the procedure is as follows: The land management department issues an auction announcement 30 days before the public auction. Bidders sign up for bidding and request relevant documents.

The bidder shall submit the relevant information of participating in the bidding to the auctioneer, become a bidder after examination and approval, pay the deposit, and receive the bidding number plate. Public auction at the agreed time, place and according to the procedure: the host introduces the location, area, use, planning requirements and other relevant matters of the auction plot; Publish the starting price of the auction; The bidder bids for the corresponding price or increases the price in accordance with the prescribed method, and the bidder who should finally bid the most ** (or increase the price) is the bidder; Sign the Auction Transaction Confirmation; The bidder shall sign a land transfer contract with the land management department within 15 days from the date of the auction and pay a deposit equivalent to 10% of the total land price; After paying the land price within the prescribed time limit, the bidder shall go through the land registration and obtain the land use certificate in accordance with the law.

The transfer of land use rights refers to the act of the state, as the land owner, transferring the land use right to the land user within a certain number of years, and the land user pays the land use right transfer fee to the state. At present, there are four ways to transfer land use rights in China: bidding, auction, listing and agreement.

Article 4 of the Provisions of the Ministry of Land and Resources of the People's Republic of China on the Transfer of State-owned Land Use Rights by Bidding, Auction and Listing stipulates that "all kinds of commercial land such as commercial, tourism, entertainment and commercial residential land must be transferred by bidding, auction or listing." ”

Bidding for the transfer of land use rights refers to the municipal and county people's land administrative departments issued bidding announcements, inviting specific or unspecified citizens, legal persons and other organizations to participate in the bidding of state-owned land use rights, and determining the behavior of land users according to the bidding results.

According to the "Provisions on the Bidding of Shixiao Collapse and the Transfer of the Right to Use State-owned Construction Land by Auction and Listing" Article 9 The announcement of bidding, auction and listing shall include the following contents: (A) the name and address of the transferor; (2) The area, boundary, spatial extent, current status, service life, use, and planning index requirements of the parcel to be transferred; (3) Qualification requirements for bidders and bidders and methods for applying for bidding and bidding qualifications; (D) the time, place and manner of obtaining the bidding, auction and listing documents; (E) the time and place of bidding, auction and listing, the bidding and listing period, the bidding and bidding methods, etc.; (6) Criteria and methods for determining the winning bidder and the bidder; (7) Bidding and bidding deposits; 8) Other matters that need to be announced.

The differences between land bidding and listing are:

First, the bidding refers to the municipal and county people's land administrative departments issued a tender announcement, inviting specific or unspecified citizens, legal persons and other organizations to participate in the bidding for State-owned land use rights, according to the results of the bidding to determine the behavior of land users;

Second, the listing refers to the city and county people's ** land administrative departments issued a listing announcement, according to the time limit specified in the announcement will be proposed to transfer the parcel of trading conditions in the designated land trading place listed and announced, accept the bidder's ** application and update the listing**, according to the end of the listing period at the end of the bid results to determine the behavior of land users.

Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights

Article 8. The transfer of land use rights refers to the act of the state transferring land use rights to land users within a certain period of time in the capacity of land owners, and the land users pay the land use right transfer fee to the state. A contract shall be signed for the transfer of land use rights.

Interim Regulations on the Assignment and Transfer of the Right to Use State-owned Land in Cities and Towns of the People's Republic of China by Zheng Heguo

Article 13. The transfer of land use rights may take the following forms:

a) the Agreement; b) Bidding;

3) Auctions. The specific procedures and steps for the transfer of land use rights in accordance with the provisions of the preceding paragraph shall be prescribed by the people of the Sheng Autonomous Region and the municipality directly under the Central Government.

1) ** Commercial, tourism, entertainment, industrial land and commercial residential land and other types of business land, as well as industrial land with competitive requirements;

B) other land for the announcement of the plan for a parcel of land with two or more intentions;

C) the allocation of land use rights to change use, the State-owned land allocation decision or laws, regulations, administrative provisions, etc. should be withdrawn land use rights, the implementation of bidding, auction and listing;

D) the transfer of land use rights, the State-owned land allocation decision or laws, regulations, administrative provisions, etc. clearly should recover the land use rights, the implementation of bidding, auction and listing for transfer;

E) the transfer of land use rights to change use, the "State-owned land allocation decision" or laws, regulations, administrative provisions, etc. should clearly recover the land use rights, the implementation of bidding, auction and listing for transfer;

6) Other circumstances in which laws, regulations, and administrative provisions clearly shall be tendered, auctioned, and listed.

1. Is land use right an inheritance?

Land use rights are not part of the scope of the estate. The land use right belongs to the collective, and if the resident himself or his relatives living with him die, the land use right will be extinguished naturally.

2. Obtaining the right to use state-owned land by way of transfer.

1) Connotation: The transfer of land use rights refers to the act of land users transferring the right to use the land again, that is, the land user transfers the land use right to others alone or together with the buildings and other attachments on the ground. The party that originally owned the land use right is called the transferor, and the party that receives the land use right is called the transferee.

2) Methods of transfer: including **, exchange and gift, etc.

3) Prohibitive provisions: The land use right shall not be transferred if the land is not invested in the development and utilization of land in accordance with the time limit and conditions stipulated in the land use right transfer contract.

4) Term: The term of use of the land used right obtained by the land user through transfer shall be the remaining term of the land use right after the term of use stipulated in the land use right transfer contract minus the term of use of the original land user.

5) "Simultaneous transfer of premises": When the land use right is transferred, the ownership of the above-ground buildings and other attachments shall be transferred accordingly. The owner or co-owner of the above-ground building or other attachments shall enjoy the right to use the land within the scope of use of the building or attachment.

When a land user transfers the ownership of above-ground buildings and other attachments, the land use rights within the scope of its use shall be transferred accordingly, except where the above-ground buildings and other attachments are transferred as movable property.

6) If the transfer of land use rights is significantly lower than the market, the people of the city and county have the right of first refusal. When the market for the transfer of land use rights is unreasonable, the people of the city and county may take necessary measures.