How to determine the price of the transfer of state owned land use rights by agreement?

Assignment by Agreement**. The appraisal of the land ** of the parcel to be transferred by agreement must be carried out in accordance with the Regulations for the Valuation of Urban Land. The minimum price of the agreed transfer shall not be less than the sum of the land use fee, land acquisition (demolition) compensation fee and the relevant taxes and fees that shall be paid in accordance with the provisions of the state; In areas with benchmark land prices, the minimum price for the agreed transfer shall not be less than 70% of the benchmark land price of the grade where the land is transferred.

When the price is lower than the minimum price, the right to use state-owned land shall not be transferred.

5 3 Land price assessment to determine the reserve price.

5 3 1 Land premium assessment.

Municipal and county land and resources management departments shall, in accordance with the conditions of the proposed land plot and the land market situation, in accordance with the urban land valuation regulations, organize the assessment of the normal land market of the proposed land plot.

The land price assessment can be carried out by the municipal and county land and resources management departments or their affiliated institutions, and can also be entrusted to a land or real estate appraisal agency with land valuation qualifications as needed.

5 3 2 Determine the reserve price.

Municipal and county land and resources management departments or State-owned land use right transfer committees shall, in accordance with the results of land valuation, industrial policies and land market conditions, collective decision-making, comprehensive determination of the agreement to transfer the reserve price.

The reserve price of the agreed transfer shall not be lower than the minimum price of the agreed transfer in the area where the land to be transferred is located.

After the reserve price of the transfer is determined, it shall be kept confidential before the end of the transfer activity, and no unit or individual shall disclose it.

5 4 The agreement transfer plan and reserve price shall be submitted for approval.

Municipal and county land and resources management departments shall, in accordance with the provisions of the agreement to transfer the program, the reserve price of the people's approval of the right to approve.

Excerpted from the Specification for the Transfer of State-owned Land Use Rights by Agreement

Supplementary Provisions on the Termination of Agreement Transfer of State-owned Land Use Rights for Business Projects.

Beijing Municipal Bureau of Land Resources, Housing and Land Management**.

Municipal Land and Housing Management Bureau, Municipal Development and Reform Commission, Municipal Planning Commission, Municipal Construction Commission, Municipal Supervision Bureau.

January 17, 2oo4).

In order to strengthen the management of the transfer of state-owned land use rights in this city, and further implement the provisions on the transfer of state-owned land use rights by agreement (Order No. 21 of the Ministry of Land and Resources), the "Beijing Municipal People's **General Office**Municipal Land and Housing Management Bureau and other departments" is hereby on.

Notice on the Relevant Provisions on the Termination of the Agreement Transfer of State-owned Land Use Rights for Business Projects (Jing Zheng Ban Fa No. 33, 2002, hereinafter referred to as the "Provisions") in the implementation of the relevant issues are supplemented as follows:

1. Since January 9, 2004, the following business land specified in the fifth paragraph of Article 2 of the "Provisions" needs to be transferred to the state-owned land use right, and shall be open to the public in the land trading market through bidding, auction and listing

1) Land for construction projects in green isolated areas;

2) Land for small town construction projects;

3) Development of land for projects with dangerous administrations;

4) Land for production and processing of general high-tech projects outside state-level development zones and science and technology parks.

Before January 9, 2004, the relevant departments have accepted the above four types of projects, by the Municipal Development and Reform Commission, the Municipal Planning Commission, the Municipal Construction Commission, the Municipal Land and Housing Management Bureau put forward the need to handle the transfer of state-owned land use rights, and submitted to the city for approval and implementation.

2. In the following cases, when handling the transfer of state-owned land use rights, they must be carried out openly in the land trading market through bidding, auction and listing:

1) Except for projects in which housing reform is carried out, the use of allocated land for operational development and construction;

2) Changing the nature of land use and carrying out operational development and construction;

3) Conversion of infrastructure projects into development projects;

4) The main body of the project has changed.

3. In accordance with the relevant provisions of the State, the agreement on the transfer of state-owned land use rights in this city shall be subject to a publicity system, and the specific measures shall be provided for separately.

Fourth, the municipal, district (county) development and reform, planning, land and housing management, construction and other administrative departments should be strictly controlled, do not meet the conditions of the agreement to transfer the business land, shall not accept the construction unit to submit the project approval, planning, land, construction and other applications. Supervision departments should strengthen the supervision and inspection of the city's approval of the project, planning, land use, construction and other municipal approval of commercial land, and strictly deal with the administrative departments and relevant responsible persons who violate the provisions of the examination and approval in accordance with the relevant regulations.

5. Where the transfer of State-owned land use rights within the administrative area of the city shall be implemented in accordance with these provisions.

6. These Provisions shall come into force on the date of promulgation.

First in order to strengthen the transfer of State-owned land use rights of macroeconomic control and management, to protect the income of State-owned land assets, to promote the healthy development of the land market, in accordance with the People's Republic of China urban real estate management law, these measures are formulated. Article 2 The lowest price of the agreement to transfer the use right of State-owned land in these measures (hereinafter referred to as the "lowest price of the agreement transfer"), refers to the minimum control standard of the transfer fee for the superior people's ** in order to macro-control the land market and prevent the transfer of the right to use State-owned land by agreement at a low land price. Article within the scope of the urban planning area agreement to transfer the lowest price of State-owned land use rights, in accordance with the provisions of these measures.

Fourth agreement to transfer the lowest price by the provinces, autonomous regions and municipalities directly under the people's land management departments in conjunction with the relevant departments to formulate, reported to the same level of the people's land management departments approved by the city, county people's land management departments for implementation. Article 5 The minimum price of the agreement is determined according to a certain proportion of the benchmark land price of different land uses and land levels such as commercial, residential, industrial, etc., and the specific applicable proportion shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government. However, the specific applicable ratio of municipalities directly under the Central Government, cities specifically designated in the state plan, and cities where the people of provinces and autonomous regions are located shall be submitted to the State Land Administration for approval.

The benchmark land price shall be determined in accordance with the Regulations for Urban Land Valuation. When the benchmark land price is adjusted, the minimum price of the agreed transfer shall be adjusted accordingly. Article 6 The State supports or focuses on supporting the development of industries and the State encourages the construction of project land, according to the industry or project classification to determine the minimum price of different agreements.

Seventh to determine the minimum price of the agreement to transfer should take into account the cost of land acquisition and demolition, land development costs, bank interest and land net income and other basic factors. Eighth provinces, autonomous regions and municipalities directly under the people's land management departments shall determine the minimum price of the agreement to transfer before the implementation of the State Land Administration for the record. If the minimum price of the agreement does not meet the requirements of Article 7 of these Measures, the State Land Administration may order a new determination.

Nineth agreement for the transfer of State-owned land use rights shall not be lower than the minimum price of the agreement. Tenth guess in the agreement to transfer the right to use State-owned land, after the contract is signed, the municipal and county people's land management department shall be the agreement to transfer the State-owned land use right transfer fee to the public. 11th agreement to transfer the lowest price, determined and approved by the people's land management department is responsible for supervision and inspection.

When the state-owned land use right is transferred by agreement, if the transfer fee is lower than the minimum price of the agreement transfer, the people's land management department responsible for supervision and inspection shall order it to make corrections within a time limit; If the correction is not made within the time limit, the contract for the transfer of land use rights shall be invalid, and the losses caused thereby shall be borne by the transferor, and the relevant responsible personnel shall be given administrative sanctions by their units or higher-level organs according to the circumstances. 12th article of these measures by the State Bureau of Land Management responsible for the interpretation of the mountain. Article 13: These Measures shall come into force on the date of promulgation.

Land use right transfer refers to the transfer of land use right by the state to citizens or legal persons; Assignment refers to the separation of part of the power of ownership (possession, use, income) from ownership as an independent property right; The transfer of land use rights is the transfer of land use rights between citizens or legal persons. There are transfers, exchanges, gifts, inheritances, etc. When the land use right is transferred, there must be different types of land, but these different types of land transfer are all unified, and the main ways are to sell and pay off debts, exchange, or to buy shares at a price, etc., in addition, it is also necessary to remind everyone that there are differences in the transfer and transfer of land use rights.

Article 19 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights refers to the re-transfer of land use rights by land users, including **, exchange and donation. Where land is not invested in the development or utilization of land in accordance with the time limit and conditions stipulated in the land use right transfer contract, the land use right shall not be transferred. Article 24 The owners of above-ground buildings and other attachments or persons in the Communist Party shall enjoy the right to use the land within the scope of use of the buildings and attachments.

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.

Legal Analysis: This provision is the Ministry of Land and Resources of the People's Republic of China Order No. 21, adopted by the 6th ministerial meeting of the Ministry of Land and Resources on June 5, 2003, promulgated on June 11, 2003, and effective as of August 1, 2003. In order to strengthen the management of state-owned land assets, optimize the allocation of land resources, and standardize the transfer of state-owned land use rights by agreement, these provisions are formulated in accordance with the "Urban Real Estate Management Law of the People's Republic of China", the "Land Management Law of the People's Republic of China" and the "Regulations for the Implementation of the Land Management Law of the People's Republic of China".

These Provisions shall apply to the transfer of state-owned land use rights by agreement within the territory of the People's Republic of China. The term "transfer of state-owned land use rights by agreement" as used in these provisions refers to the transfer of state-owned land use rights to land users within a certain period of time by agreement by the state, and the land users pay the land use right transfer fee to the state.

Legal basis: Provisions on the transfer of State-owned land use rights by agreement Article 3 The transfer of state-owned land use rights shall be carried out by agreement only in accordance with the provisions of laws, regulations and rules by means of bidding, auction or listing. Fourth agreement to transfer the right to use State-owned land, shall follow the principles of openness, fairness, justice and good faith.

The transfer fee for the transfer of state-owned land use rights by agreement shall not be lower than the minimum price determined in accordance with the provisions of the state. Fifth agreement to transfer the minimum price shall not be less than the new construction land use fees, land requisition (demolition) compensation costs and in accordance with the provisions of the State shall be paid the sum of the relevant taxes and fees; In areas with benchmark land prices, the minimum price for the agreed transfer shall not be less than 70% of the benchmark land price of the level where the land is transferred. When the price is lower than the minimum price, the right to use state-owned land shall not be transferred.

Sixth provinces, autonomous regions and municipalities directly under the people's ** land and resources administrative departments shall, in accordance with the provisions of the provisions of Article 5 of the draft agreement to transfer the lowest price, reported to the people at the same level after approval announced, by the municipal and county people's ** land and resources administrative departments to implement.

Legal analysis: The transfer of land use rights by the Zhaoye Defeat Agreement refers to the act of the land management department on behalf of the city and the land user on the basis of the announcement of the land market, and the land use right is transferred to the land user after consultation.

Legal basis: Article 10 of the Constitution of the People's Republic of China The land of cities belongs to the State.

Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law and belonging to the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned.

The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the provisions of the law and give compensation.

No organization or individual may occupy, buy, sell, or otherwise illegally transfer land. The right to use land may be transferred in accordance with the provisions of the law.

All organizations and individuals using land must make rational use of land.

Measures for the Administration of the Circulation of Rural Land Management Rights》 Article 5 The Ministry of Agriculture and Rural Affairs is responsible for the guidance of the national land management right circulation and circulation contract management.

The local people's ** agricultural and rural affairs (rural operation and management) departments at or above the county level shall, in accordance with their duties, be responsible for the circulation of land management rights and the management of circulation contracts within their respective administrative areas.

The people of the township (town) are responsible for the circulation of land management rights and the management of circulation contracts within their respective administrative areas.

The transfer of land use rights by agreement refers to the act of transferring land use rights to land users by the land management department on behalf of the city ** and the land user based on the announcement market of the land, and the land ** is determined through negotiation. The following land use rights can be transferred by agreement, but they must be transferred according to the announced market **, and the transfer situation will be publicized: (1) It is a project land that is urgently needed or specially encouraged to be developed by the Special Economic Zone; (2) The city ** shares the project land for cooperation.

Legal basis: Article 63 of the Land Management Law stipulates that the right to use land owned by peasant collectives shall not be transferred, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for those whose land use rights are transferred in accordance with the law due to bankruptcy, merger, or other circumstances.