Lease contract for land use right leased on state owned land

Measures for the Administration of Leasing of State-owned Land Use Rights

First for the establishment of an open, seepping fair, legal and orderly land market, strengthen the management of land assets, promote the rational flow and optimal allocation of land resources, in accordance with the People's Republic of China land management law implementation regulations and the Ministry of land and resources "standardize the State-owned land leasing opinions" and other provisions, these measures (trial).

Article 2 State-owned land use right lease (hereinafter simplified State-owned land lease) refers to the State will be State-owned land use right leased to the user for use, by the user and the people's land administrative departments at or above the county level to sign a land lease contract for a certain period of time, and pay rent.

State-owned land leasing is a form of paid use of state-owned land, which is a supplement to the transfer method. At present, it is necessary to focus on improving the transfer of state-owned land and steadily implement the leasing of state-owned land.

Article 3 For the original construction land, which can be allocated and used by law, the allocation shall be maintained and the use shall not be carried out for compensation; Leases may be implemented for land that should be used for compensation in accordance with law due to land transfer, lease, enterprise restructuring and change of land use. For new construction land, the focus is on promoting and improving the transfer of state-owned land, and leasing is only used as a supplement to the transfer method. For the land for commercial real estate development, whether it is the use of the original construction land or the use of new construction land, it must be transferred, not leased.

Fourth people's land administrative departments at or above the county level are responsible for the management of State-owned land leasing within the Bank, and supervise and inspect in accordance with the law.

Fifth lease term of more than six months of State-owned land lease, should be signed by the land administrative departments at or above the county level and land users lease contract. The content of the lease shall include the lessor, the lessee, the location, scope, area, and use of the leased parcel, the lease term, the land use conditions, the land rent standard, the time and method of payment, the time and extent of the adjustment of the land rent standard, and the rights and obligations of the lessor and the lessee.

Article 6 The lease of state-owned land shall be submitted to the people at or above the county level for approval in accordance with the examination and approval authority for the transfer of state-owned land use rights. If land acquisition and the conversion of agricultural land into construction land are involved, the examination and approval procedures shall be handled in advance in accordance with the provisions of relevant national laws and regulations.

Article 7 The leasing of state-owned land shall be carried out by means of bidding, auction, or agreement between the two parties, and if conditions permit, the method of bidding or auction must be adopted. The rent of state-owned land leased by agreement between the two parties shall not be lower than the minimum rental price and the minimum rent standard according to the minimum land price stipulated by the state and province, the results of the agreement to lease shall be reported to the higher land administrative departments for the record, and publicly disclosed to the public, subject to the higher land administrative departments and social supervision.