How to transfer land allocated by state owned enterprises to land for real estate development

The policies of various regions are not consistent, but the overall need to be completed through bidding, auction and listing. The meaning of this policy is that you first hand over the land use right to the state (the allocated land is allocated to you by the state, the ownership is said to be the state, you only have the right to use), the state through the evaluation agency to assess the compensation to you**, and then the state will take your land to auction and list, the highest price will win. In addition to your compensation, the auction price will be handed over.

However, in the specific implementation process, some places can directly change the use of land, and some are directional bidding, auction and listing, that is, the vast majority of the auction money is still owned by your company (so as to ensure that you can auction your own land), and what to do depends on your local policy and your boss's ability.

OK. In accordance with the provisions of the relevant laws of the state, the allocation of state-owned land shall be subject to the approval of the land management department at or above the county level. In any of the following circumstances, the land use rights involved in the reform of enterprises may be disposed of by way of reservation and allocation upon approval:

1) Continuing to be used as land for urban infrastructure, land for public welfare undertakings, and land for energy, transportation, water conservancy and other projects supported by the state, and the original land use has not changed, except for the transformation or reorganization into a corporate enterprise;

2) The merger of state-owned enterprises with state-owned enterprises or non-state-owned enterprises, as well as the merger of state-owned enterprises, and the merged or merged enterprises are state-owned industrial production enterprises;

3) In the merger or consolidation of state-owned enterprises, the merged state-owned enterprise or one of the parties in the merger of the state-owned enterprise is an enterprise on the verge of bankruptcy;

4) The transformation or reorganization of a state-owned enterprise into a wholly state-owned public security department.

What does state-owned enterprise mean and what are its classifications.

Classification of state-owned enterprises:

According to different classification standards, we can make different classifications of state-owned enterprises.

1. Based on the classification standard of jurisdiction, state-owned enterprises can be divided into two categories: central enterprises and local state-owned enterprises;

Among them, the central enterprises are enterprises established by the state as the main body of investment, and they are enterprises owned by the whole people in the true sense, with large scale and high efficiency.

The means of production of local state-owned enterprises are shared by the local people, such as provincial state-owned enterprises and municipal state-owned enterprises.

2. Based on the type of business, state-owned enterprises can be divided into monopoly state-owned enterprises and competitive state-owned enterprises;

In this classification, monopoly state-owned enterprises refer to enterprises whose business scope is authorized by the state and operate monopolies, which generally involve the economic lifeline of a country, such as transportation, petroleum, communications, military industry and other industries with large scale and important status.

Competitive SOEs, as opposed to monopolistic SOEs, are not subject to state monopoly in their business scope. This type of state-owned enterprise is more dynamic in economic activities.

Legal basis: Land Management Law of the People's Republic of China

Article 54 The use of State-owned land by a construction unit shall be acquired by way of paid use such as transfer; However, the following construction land can be obtained by way of allocation with the approval of the people at or above the county level in accordance with the law:

1) Land used by state organs and military land;

2) land for urban infrastructure and public welfare;

3) Land for infrastructure such as energy, transportation, and water conservancy supported by the state;

4) Other land use as provided for by laws and administrative regulations.

Article 56 Where a construction unit uses State-owned land, it shall use the land in accordance with the provisions of the paid use contract such as the transfer of land use rights or the provisions of the approval document for the allocation of land use rights; It is necessary to change the use of the land for construction, shall be agreed by the relevant people's land administrative departments, and the original approval of the people's macro Zechun ** approval. Among them, the change of land use in the urban planning area, before submitting for approval, shall be subject to the consent of the relevant urban planning administrative departments.

Legal Analysis: Yes. The allocation of state-owned land shall be subject to the approval of the land management department at or above the county level.

Legal basis: Land Management Law of the People's Republic of China

Article 54 The use of State-owned land by a construction unit shall be acquired by way of paid use such as transfer; However, the following rough letter construction land, approved by the people at or above the county level in accordance with the law, can be obtained by way of allocation:

1) Land used by state organs and military land;

2) land for urban infrastructure and public welfare;

3) Land for infrastructure such as energy, transportation, and water conservancy supported by the state;

4) Other use of information as provided for by laws and administrative regulations.

Article 56 Where a construction unit uses State-owned land, it shall use the land in accordance with the provisions of the paid use contract such as the transfer of land use rights or the provisions of the approval document for the allocation of land use rights; It is necessary to change the use of the land for construction, shall be agreed by the relevant people's land administrative departments, and the original approval of the land for approval by the people. Among them, in the urban planning area to change the use of land, before the approval, should be approved by the relevant urban planning administrative departments.

Legal analysis: It can be transferred, but certain conditions must be met: if the following conditions are met, with the approval of the municipal and county people's land management department and real estate management department, the ownership of the allocated land use rights and above-ground buildings and other attachments can be transferred, leased and mortgaged

A) land users for the company, enterprises, other economic organizations and individuals;

B) have a state-owned land use certificate;

3) Have the legal property right certificate of above-ground buildings and other attachments;

4) In accordance with the provisions of Chapter II of these Regulations, sign a land use right transfer contract, and pay the land use right transfer fee to the local city or county people's section department, or offset the land use right transfer fee with the proceeds obtained from the transfer, lease or mortgage.

Legal basis: "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights" Article 45 If the following conditions are met, with the approval of the municipal and county people's land management departments and real estate management departments, the ownership of the allocated land use rights and above-ground buildings and other attachments can be transferred, leased and mortgaged

A) land users are companies, enterprises, other economic organizations and individuals;

B) have a state-owned land use certificate;

3) Have the legal property right certificate of above-ground buildings and other attachments;

4) In accordance with the provisions of Chapter II of these Regulations, sign a land use right transfer contract, and pay the land use right transfer fee to the local city and county people, or pay the land use right transfer fee with the proceeds obtained from the transfer, lease or mortgage. The transfer, lease, or mortgage of the land use rights allocated in the preceding paragraph shall be handled in accordance with the provisions of Chapters III, IV, and V of these Regulations.