Civil construction partnership contract, state owned land partnership development contract

Legal Analysis: A partnership contract is usually an agreement between two or more partners to share risks and share the benefits of each other for the same goal of destroying the work.

Legal basis: Article 967 of the Civil Code of the People's Republic of China A partnership contract is an agreement entered into by two or more partners to share benefits and risks for the purpose of a common business.

The ways in which state-owned land can be used for compensation include:

1) the transfer of the right to use state-owned land;

2) State-owned land lease; Yu is blind.

3) State-owned land use rights as a capital contribution or shareholding.

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

a) the Agreement; b) Bidding;

3) Auctions. Article 12 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights provides:

The maximum term for the transfer of land use rights shall be determined according to the following purposes:

1) 70 years of residential land;

2) 50 years for industrial land;

3) 50 years of land for education, science and technology, culture, health and sports;

4) 40 years for commercial, tourism and entertainment land.

In short, there is no privatization of land in our country, and no piece of land belongs to any unit or individual. The transfer of land use rights can only obtain the right of use.

1) Assignment of land use rights, that is, the act of the state-owned land use right transferred to the land user for use within a certain period of time in the capacity of the landowner, and the land user pays the land use right transfer fee to the state in accordance with the provisions of the transfer contract. The maximum term of the assignment is determined according to the different land uses; There are three ways to transfer: agreement, bidding, and auction.

2) Leasing of land use rights, that is, the state leases the land to the lessee for use, and the lessee pays rent to the state. In this way, the lease period is generally shorter, the annual rent paid is less, and the lessee has a stronger ability to bear it, which is easy to be accepted by the lessee. At present, this paid use method has been widely implemented in some places; In some places, pilots are underway.

3) The land use right is valued as a shareholder, that is, the state will use the land use right as a price and invest it in the enterprise as a capital contribution to form a national share, and the state will obtain corresponding dividends from the production profits of the enterprise. In essence, this method is an investment behavior of the state to enterprises.

4) Authorized operation of land use rights, that is, the state authorizes the state to operate and manage the state-owned holding company, the wholly state-owned erection company and the group company established with the approval of the state after a certain period of land use right as a price. The authorized company and investment institution are responsible for the preservation and appreciation of the value of the land, and can allocate the land to other enterprises by way of capital contribution (shareholding) or leasing with the power of attorney issued by the competent authority.

5) To collect land use fees or site use fees, foreign investors and Chinese Shenhan enterprises obtain land use rights in China in accordance with the "Sino-Foreign Joint Venture Law of the People's Republic of China", "Sino-Foreign Cooperative Operation Law of the People's Republic of China" and other laws, and the Chinese enterprises or foreign-invested enterprises shall pay land use fees or site use fees to China ** in accordance with the law.