What does it mean to allocate land, and what does it mean to allocate land

The allocation of land refers to the state-owned land use rights obtained by the people at or above the county level in accordance with the law, after the land users pay compensation, resettlement and other expenses, or the state-owned land use rights obtained free of charge after the approval of the people at or above the county level in accordance with the law.

The allocation of land is actually the right to use the land for free, because you can get the right to use it without spending money, so the houses built on such land are generally relatively cheap.

China's allocation of land use rights has the following meanings: 1. The allocation of land use rights includes two forms: land users pay for demolition and resettlement, compensation and gratuitous acquisition.

Regardless of the form, the land user is not required to pay the land use right transfer fee. 2. Except as otherwise provided by laws and regulations, there is no limit on the service life of the allocated land, but no business activities such as transfer, lease and mortgage shall be carried out without permission. 3. The acquisition of the right to use the allocated land must be approved by the people and handled in accordance with legal procedures.

4. Before there is no legal provision of the state, the land within the city limits and the state-owned land outside the city area, except for the land transferred, shall be managed according to the allocated land.

1. Article 5 of the "Interim Measures for the Administration of Allocated Land Use Rights" stipulates that land users who have paid the land use right transfer fee shall not transfer, lease or mortgage the land use right without the approval of the municipal and county people's land management departments and the procedures for the transfer of land use rights. 2. Article 12 of the "Interim Measures for the Administration of Allocated Land Use Rights" stipulates that if a land user needs to transfer, lease or mortgage the land use right, he must hold a state-owned land use certificate and a legal certificate such as the property right certificate of the above-ground buildings and other attachments, and submit a written application to the local city and county people's land management department. 3. Article 2 of the Interim Measures for the Administration of Allocated Land Use Rights stipulates that the allocation of land use rights refers to the state-owned land use rights obtained by land users in accordance with the law through various means other than the transfer of land use rights.

The allocated land is transferred and used by the state free of charge, mostly for public welfare undertakings or national defense and diplomatic needs, and based on the gratuitous nature of land use, it cannot be mortgaged without paying the land transfer fee. 4. Notice on Issues Concerning the Registration of Mortgage of State-Owned Allocated Land Use Rights (January 15, 2004 Guo Lu Zi Fa [No. 20049]) "If the mortgage is set up with the state-owned allocated land use right as the subject matter, the land administrative department shall handle the mortgage registration procedures in accordance with the law, that is, it shall be deemed to have been approved by the land administrative department with examination and approval authority, and there is no need to go through the approval procedures for the mortgage of land use right. ”

The allocation of land refers to the acquisition of the right to use the land by the approval of ** without paying the land transfer fee.

At present, there are two main ways to acquire land for real estate development: state-owned allocation and state-owned transfer. Land allocation means that the developer acquired the land free of charge when it first acquired the land and did not pay the land transfer fee to the state;

Land transfer means that the developer acquires the land in a paid manner and pays the land transfer fee according to the relevant proportion of the assessed land price. The main difference between the two is that there is no term for the use of state-allocated land, while there is a limit on the term of use of land for state-owned transfers. For example, the service life of ordinary houses is 70 years, commercial buildings are 40 years, comprehensive buildings are 50 years, and so on.

Legal analysis: The allocation of oak land is one of the unique ways to obtain project construction land in China. It is the approval authority at all levels in accordance with the relevant provisions of China's "Land Management Law" and the "Urban Real Estate Management Law" and the Ministry of Land and Resources Order No. 9 of October 22, 2001 "Catalogue of Allocated Land", to meet the conditions for the allocation of land for construction projects (project use units) free of charge.

The service life of the allocated land is permanent (i.e., the end date is the end of the approval of the land at the same level, when it is considered that it should be recovered according to law).

Legal basis: Article 43 of the Land Management Law of the People's Republic of China Any Minwang unit or individual who needs to use land for construction must apply for the use of state-owned land in accordance with the law; However, the establishment of township enterprises and the construction of residential houses by villagers are approved in accordance with the law to enable Liang Na to use the land owned by the peasant collectives of the collective economic organization, or the construction of public facilities and public welfare undertakings in townships (towns) and villages is approved to use the land owned by the peasant collectives in accordance with the law. The state-owned land used in accordance with law as used in the preceding paragraph includes land owned by the state and land expropriated by the state that originally belonged to peasant collectives.

Article 44 Where the construction of land is occupied and involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be completed. Roads, pipeline projects and large-scale infrastructure construction projects approved by the people of provinces, autonomous regions and municipalities directly under the Central Government, and land occupied by construction projects approved by the people, involving the conversion of agricultural land into construction land, shall be approved by the people. Within the scope of the construction land for cities, villages and market towns determined in the overall land use plan, if agricultural land is converted into construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the overall land use plan in batches according to the annual land use plan.

Within the scope of the approved conversion of agricultural land, the land for specific construction projects can be approved by the people of the city and county. The land occupied by construction projects other than those specified in the second paragraph and the third paragraph of this article involves the conversion of agricultural land into construction land, shall be approved by the people of the provinces, autonomous regions and municipalities directly under the Central Government. Article 2 of the Interim Measures for the Administration of Allocated Land Use Rights refers to the State-owned land use rights obtained by land users in accordance with the law through various means other than the transfer of land use rights.

Land allocation refers to the state-owned land use rights obtained with the approval of the people at the county level and after the land user pays compensation, resettlement and other fees. The characteristics of the allocated land are that it has no service life, and the land user does not need to pay the land transfer fee when acquiring the land. The allocated state-owned land cannot be transferred, leased or mortgaged, and if it is necessary to trade the allocated land, it must be approved by the state land management department.

What are the procedures for the transfer of land and real estate?

1. Submit an application.

If the land use right obtained by way of allocation needs to be transferred, the transferor needs to submit a written application to the people's land management department.

2. Go through the transfer procedures and pay the transfer fee.

The transferor shall apply to the land management department of the city or county where it is located, and after the approval of the people at the same level, go through the procedures for the transfer of land use rights to the land management department of the city or county where the land is located, and pay the land use right transfer fee in accordance with the regulations.

3. Apply for real estate ownership certificates.

After the land is transferred, the double-chamber slag party of the housing transaction shall go to the real estate registration center with the original house ownership and land use right certificate to go through the transfer and change registration procedures.

What are the characteristics of the allocation of land use rights?

1. Administrative behavior.

Relevant laws and regulations: the allocation of land refers to the approval of the people at the county level in accordance with the law, and the land will be handed over to the land user for use after paying compensation, resettlement and other expenses, or the land use right will be delivered to the land user free of charge.

2. Gratuitous.

The allocation of land use rights is generated by the approval of **, and the land use rights can be obtained after paying the expropriation compensation and resettlement fees, and there is no need to pay the transfer fee and sign any contract with the state. It is only necessary to register to determine the scope of land use rights and indicate that the allocated land use rights have been obtained.

3. Indefinite.

Where the right to use the allocated land is obtained in accordance with relevant laws, there is no restriction on the period of use, except for laws and administrative regulations. The land use right is for a limited period of 70 years, and the land for housing is used for a period of 70 years.

Land allocation refers to the act of directly approving or handing over land to others for use after the relevant subject applies and pays the resettlement compensation fee for a certain purpose. Land is generally allocated for the construction of public service facilities such as schools, medical institutions, entrepreneurial parks, etc. For the allocated land, there is generally no period of use except as otherwise provided by laws and administrative regulations.

The allocation of land embodies the system of land use that is simple and simple in our country's socialism and is judged to be late.

Legal basis: Article 2 of the Interim Measures for the Administration of Allocated Land Use Rights refers to the state-owned land use rights obtained by land users in accordance with the law through various means other than the transfer of land use rights. Article 23 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates the ways to obtain the allocated land use rights:

The allocation of land use rights refers to the act of handing over the land to the land users for use after the land users pay compensation, resettlement and other expenses approved by the people at or above the county level in accordance with the law, or the land use rights are delivered to the land users for use free of charge.

The allocation of land refers to the state-owned land use rights obtained by the people at or above the county level after the people at or above the county level have been approved by the law and after the land users have paid the fees for compensation and resettlement, or the state-owned land use rights obtained free of charge after being approved by the people at or above the county level in accordance with the law.

The allocation of land is actually Molingheng is to obtain the right to use the land free of charge, because you can get the right to use without spending money, so the houses built on such land are generally relatively cheap.

China's allocation of land use rights has the following meanings:

1.The allocation of land use rights includes two forms: land users pay for demolition and resettlement, compensation fees, and quietly acquire land use rights. Regardless of the form, the land user is not required to pay the land use right transfer fee.

2.Except as otherwise provided by laws and regulations, there is no restriction on the term of use of allocated land, but no business activities such as transfer, lease, or mortgage of silver burning shall be carried out without permission.

3.To obtain the right to allocate land use, it must be approved by the people who have the right to approve and go through the formalities in accordance with the legal working procedures.

4.In the absence of national laws, land within the city limits and state-owned land outside the city limits, except for the land transferred, shall be managed according to the allocated land.

How to convert the allocated land into the transfer of land.

1. If the state-owned land use right obtained by way of allocation needs to be transferred, it shall be reported to the people with the right to approve for approval (generally the people of the city or county where the land is located). If the transfer is approved, the transferee shall go through the transfer formalities and pay the land transfer fee. The minimum transfer fee payable shall not be less than 40% of the land transferred**.

2. 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 stipulates the maximum term of land use rights for different purposes: 70 years for residential land; 50 years for industrial land; 50 years of land for education, science and technology, culture, health and sports; 40 years for commercial, tourism and entertainment land; 50 years for the use of the land for the comprehensive or other purposes. Therefore, the service life of the specific land plot is agreed in the land transfer contract in accordance with the above provisions, and it is not necessarily 70 years.

3. If the land is allocated to go through the transfer procedures, the transfer period shall be calculated from the date of signing the transfer contract.

It refers to the state-owned land use right obtained by the people at or above the county level in accordance with the law, after the land user pays compensation, resettlement and other fees, or the state-owned land use right obtained free of charge after the approval of the people at or above the county level in accordance with the law. There are several ways to acquire land, such as leasing, shareholding, authorization to operate, transfer, and allocation.

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 55 A construction unit that obtains the right to use state-owned land by way of transfer or other paid use may use the land only after paying the land use right transfer fee and other paid land use fees and other fees in accordance with the standards and methods prescribed by the state-owned land.

Since the date of implementation of this law, 30 percent of the paid land use fees for new construction land shall be handed over to the treasury, and 70 percent shall be reserved for the people of the relevant localities, and shall be used exclusively for cultivated land development.

Article 56 Where a construction unit uses state-owned land, it shall use the land in accordance with the provisions of the contract for the transfer of land use rights and other paid uses, or in the documents for approving 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, 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.

The allocation of land use rights refers to the act of handing over the land to the land users for use after the land users pay compensation, resettlement and other fees with the approval of the people at or above the county level in accordance with the law, or the delivery of land use rights to the land users for use free of charge.

Land use rights refer to the rights of state organs, enterprises and institutions, farmers' collectives and individual citizens, as well as foreign-funded enterprises, who meet the statutory conditions, to occupy, utilize, benefit and dispose of state-owned land or farmers' collective land in accordance with legal procedures or agreements. Land use right is a concept with a relatively large extension, and the land here includes the right to use agricultural land, construction land, and unused land.

The right to use collective land refers to the right of the user of collective land to use the land and obtain income in accordance with the law. Farmers' collective land use rights can be divided into agricultural land use rights, homestead land use rights, and construction land use rights. The right to use agricultural land refers to the right to use land for members of rural collective economic organizations or units and individuals other than rural collective economic organizations engaged in planting, forestry, animal husbandry and fishery production.

The right to use homestead land refers to the right to use the residential land of rural villagers. The right to use construction land refers to the right to use land for the construction of township (town) enterprises and township (town) village public facilities and public welfare undertakings set up by rural collective economic organizations. The transfer of land use rights refers to the transfer of state-owned land use rights by the state, as the land owner, to land users for a certain period of time.

The land use right is obtained by the land user after paying the land use right transfer fee to the state.

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 transfer and other paid use; However, the following construction land may 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; Teasing the year.

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.

From the perspective of time of use, there is a time limit for the transfer of land, for example, 70 years for residential land and 40 years for commercial land, and there is generally no time limit for allocation.