Chapter I  General Rules

Article I In order to further promote the economical and intensive use of land, effectively reduce the cost of land for enterprises in the early stage, and effectively improve the efficiency of the use of industrial land, and to improve the system of differentiated land supply According to the "Regulations of the People's Republic of China on the Implementation of the Land Management Law" "Interim Regulations of the People's Republic of China on the Granting and Transfer of the Right to Use State-owned Land in Cities and Towns" (State Council Decree No. 55), "Ministry of Land and Resources on the issuance of the Circular on "Regulating the Opinions on Leasing of State-owned Land" (Land and Resource Department 〔1999〕 222), "Provisions on the Conservation and Intensive Utilization of Land" (Decree of the Ministry of Natural Resources No. 61), the Agreement to grant the right to use state-owned land" (Ministry of Land and Resources Decree No. 21), "bidding, auctioning and listing the right to use state-owned land" (Ministry of Land and Resources Decree No. 39), "Ministry of Natural Resources on the improvement of industrial land supply policy to support the development of the real economy of the notice" (Natural Resources Development 〔2022〕 No. 201) and other relevant laws and regulations, combined with the actual situation in the city, to formulate the implementation of these measures.

Second  In the city's administrative area of the state-owned construction land supply of industrial land to take the flexibility of the period of transfer, rent and then let, rent and let combined with the long-term leasing, the implementation of these measures.

The supply of industrial land by means of flexible term grant, rent and then let, rent and let combination, long-term lease should be in line with the current requirements for the supply of industrial land, and the industrial projects included in the "Restricted Land Use Project Catalog" and "Prohibited Land Use Project Catalog" are not applicable to the implementation of these measures.

Article 3  The implementation of these measures in the flexible period of transfer, refers to the supply of land for industrial projects, municipal and county people's governments in accordance with the national industrial policy, the life cycle of enterprises and the development trend of industry, and reasonably determined that the transfer of industrial land for a period of years. However, the maximum term of the grant does not exceed 50 years of the statutory term of the grant.

Lease and then let refers to the municipal and county people's governments set a certain period of time for the lease when the land supply, in accordance with the public procedures to determine the right to use state-owned land for construction, the first to provide land in the form of a lease, the land user in the lease period of the development and utilization of the land to meet the agreed conditions and then transferred to the supply of supply methods.

The combination of leasing and transferring refers to the municipal and county people's governments setting certain conditions when supplying land, first supplying land to land users in the form of leasing, and then the land users developing, utilizing and operating the land to meet the contractual conditions during the leasing period, and then applying for transferring part of the leased land to transferring land, part of the leased land to transferring land, and part of the leased land to transferring land to the land users, in accordance with the requirements of the planning. The land user can apply to transfer part of the leased land to the land for sale and part of the land still retains the leased nature of the supply mode.

Long-term leasing refers to the supply mode in which the entire land is used in the form of leasing for the entire contract period, and the land user signs a land lease contract for a certain period of time with the administrative department of natural resources of the municipal or county people's government and pays the rent. Leasing is a form of compensated use of state-owned construction land, and is a supplement to the granting method.

Article 4  The municipal administrative department of natural resources is responsible for the city's industrial land flexibly letting the planning, utilization and other policy development and guidance and supervision, is responsible for the municipal level (Baiyin District, Pingchuan District) industrial land flexibly letting the supply of the county administrative department of natural resources is responsible for the county The county-level natural resources administrative department is responsible for the county's supply and supervision and management of industrial land flexibly transferred.

Municipal development and reform, industry and information technology and other administrative departments, in conjunction with the administrative department of natural resources, are responsible for the development of the city's industrial access standards for the flexible granting of the right to use industrial land and industrial land use standards (guidelines), and the development and implementation of the indicators, standards, methods and procedures for the assessment of land use performance.

The people's governments of each county are responsible for the specific implementation of the flexible granting of the right to use industrial land in their respective administrative areas and the assessment of project performance.

Chapter II  Basic Principles

Article 5 of the industrial land use flexibility in principle, not more than 20 years, a reasonable set of flexible concession period. For national and provincial major industrial projects, strategic emerging industry projects, etc., confirmed by the competent industry departments, approved by the people's government at or above the county level, can reasonably increase the period of flexible transfer, but shall not exceed the statutory maximum of 50 years of industrial land transfer.

If the land is supplied by way of leasing and then letting, the leasing period shall not exceed 5 years in principle, and the sum of the leasing period and the leasing period shall not exceed the statutory maximum period of 50 years for the industrial land to be leased.

When supplying by way of combination of leasing and granting, the leasing and granting portions should be reasonably divided, and the lease term of the leasing portion should be the same as that of the granting portion, which should not be more than 20 years in principle.

Where the supply is by way of long-term lease, the lease term is generally not less than 5 years and not more than 20 years.

Article VI to take a flexible period of transfer, rent and then let, rent and let combined, long-term leasing of industrial land use rights, to complete the contractual development and utilization of the conditions or the scale of investment and construction, in the handling of the project approval (approval, filing), planning, construction, mortgage financing and other formalities with the statutory industrial land use. Industrial land with a maximum grant period of 50 years enjoys the same policy.

Article 7 In the premise of fairness, impartiality, and not excluding the competition of multiple market players, the type of industry, production technology, industrial standards, and product quality requirements put forward by the investment authority, industrial authority, and other departments can be used as the preconditions for land supply.

Article VIII of the flexible tenure transfer, rent and then let, rent and let, long-term lease mode of supply of industrial land prices, in the different modes of supply discounted to the highest tenure of the premise of land prices basically balanced, a clear price (rent) floor. The price (rent) of industrial land shall not be lower than the cost price (rent) of industrial land. The cost of industrial land (rent) can take the area of land for different purposes within the area or land price share of the calculation, by the land appraisal organization in accordance with the "urban land valuation regulations" and other technical standards, after the assessment, according to the results of the land valuation and the government's industrial policy, the collective decision-making to determine the price tag or floor, the price tag or floor shall not be lower than the location of the same level of the lowest price standard for industrial land.

(a) If a long-term lease is adopted, if the rent is not adjusted during the lease period, the bottom of the annual rent may be determined at a rate of not less than 2% of the assessed price of the 50-year industrial land grant of the land; if the rent is adjusted, the bottom of the first annual rent may be determined at a rate of 2% of the assessed price of the 50-year industrial land grant of the land; and the period of the rental adjustment shall not be less than 5 years. less than 5 years, and the rent for subsequent periods shall be determined on the basis of the land valuation price or land price index at that time, but the rate of increase shall not be higher than 10% of the rent for the previous period.

(2) If the lease is first rented and then transferred, the rental standard of the lease period shall be determined according to the ratio of the lease period to the maximum period of the period of correction. After the transfer, the rent paid is offset against the transfer price. The sum of the lease period shall not exceed the statutory maximum term of the concession. Encourage the implementation of flexible periods in the transfer stage.

(c) take the flexible period of transfer, the transfer price bidding by not less than the flexible period and the maximum period of the ratio of the period of correction.

Industrial land that has obtained the right to use state-owned construction land, in compliance with the planning, without changing the use of the premise, to improve the land utilization rate and increase the floor area ratio, no additional land price.

Chapter III  Supply Procedures

Article IX municipal and county-level administrative departments of natural resources, in conjunction with the relevant departments to draw up a flexible land supply program for industrial land concessions, a clear supply method, the use of the life of the supply of industry, conditions for pre-conditioning, development and construction, conditions for industrial supply. Pre-conditions, development and construction conditions, leasing to transfer conditions, to meet the agreed conditions of the period, the transfer of the bidding or reserve price, leasing bidding or reserve price, bidding or bidding deposit, payment time and mode, and other content, and construction land planning conditions into the land supply program, the state-owned construction land use right to transfer the coordinated decision-making bodies to make a collective decision to determine.

After the land supply program is approved by the people's government at the same level, it will be organized and implemented by the administrative department of natural resources at the municipal and county levels.

Article 10: If the land is supplied by leasing, the land user, after paying the land rent in accordance with the regulations and completing the development and construction, may, with the consent of the municipal or county administrative department of natural resources or in accordance with the agreement of the contract, transfer, sublease, or mortgage the right to use the land for state-owned construction that has been registered in accordance with the law. In the case of transfer of state-owned construction land use right, the original land user withdraws, the rights and obligations agreed in the lease contract are transferred to the transferee at the same time, and the municipal or county administrative department of natural resources and the transferee re-signs the lease contract of state-owned land; in the case of sublease of state-owned construction land use right, the lessee establishes an additional leasing relationship with the third party, and the third party shall fulfill the rights and obligations agreed in the lease contract; in the case of mortgage of the ground buildings, other In case of mortgage of buildings and other attachments on the ground, the leased state-owned construction land use right shall be mortgaged together, and when the mortgage right is realized, the leased state-owned construction land use right shall be transferred at the same time, and the mortgagor shall continue to perform the land lease contract. In the highest industrial land grant period, the expiration of the lease period, in the case of meeting the contractual conditions for renewal of the lease, the state-owned construction land use right shall be approved to apply for renewal of the lease, the renewal of the rent in the previous land lease contract.

If the land is supplied in the form of lease and then let, the land use right of state-owned construction land leased during the lease period shall not be transferred, sublet or mortgaged before the completion of the project development and construction. After the transfer, you will enjoy the right to use the land for state-owned construction.

Where the land use right of state-owned construction is supplied by way of grant, the land use right may be transferred, leased and mortgaged in accordance with the law, except for the cases stipulated in the laws and administrative regulations that the land use right may not be transferred, and except for the cases otherwise agreed in the contract. Upon the expiration of the term of the grant, if the conditions for renewal are met in accordance with the law and the contract, the owner of the right to use the land for state-owned construction shall apply for renewal of the term of the grant, and the application shall be granted.

Article XI of the leased land users should hold the development and reform, industry and information, high-tech zone management committee and other departments of the relevant project approval (approval, filing) documents and state-owned land use right lease contract, performance supervision agreement and other related materials, in accordance with contractual agreements according to the law to pay the rent of the land or all the land premiums and related taxes and fees The applicant may apply for the first registration of the real estate. When applying for the first registration of transfer, change, mortgage, etc., the land rent shall be examined whether it has been fully paid up to the time of registration, and the relevant payment certificates shall be verified.

Article 12 of the lease of state-owned construction land use right to transfer state-owned construction land use right, the land user shall hold the original certificate of immovable property rights, lease contracts and land transfer price payment vouchers and other materials, pay the relevant taxes and fees to apply for the registration of changes in real estate rights, and no longer change the construction land use planning permit, Construction project planning license.

Article 13 to take the lease and then let, lease and let a combination of supply, the land user should be in the contract agreed upon one year before the expiration of the lease period to submit an application for assessment and evaluation. Assessment and evaluation work by the land user to submit a written application, county and district people's governments or various types of park management committee is responsible for organizing the relevant departments to jointly assess and evaluate. After passing the appraisal and evaluation, if the land is acquired by way of leasing and then letting, the contract for granting the right to use state-owned construction land shall be signed, and if the land continues to be leased, the contract for leasing the right to use state-owned construction land shall be re-signed. Assessment and evaluation failed, land units are allowed to rectify the deadline, the rectification period of up to 1 year.

Take a long-term lease supply, the expiration of the lease term, the land user needs to continue to use the land, should be in the lease expires 1 year before the lessor to apply for renewal. In addition to the needs of the public interest or contractual agreements should be recovered, the renewal should be granted.

Article XIV to take the lease and then let, lease and let a combination of long-term lease supply, the land user in the contractual agreement of the lease period, pay the rent and go through the immovable property registration formalities, in accordance with the contractual agreement to complete the investment in the development, you can apply for the transfer of state-owned land-use rights for construction, subletting, mortgages. The transfer or mortgage of the right to use leased land shall be subject to real estate registration in accordance with the law. If the right to use leased land is transferred, subleased or mortgaged, the attachments on the ground shall be transferred, subleased or mortgaged together with it. If the ground attachment is transferred, sublet or mortgaged, the leasehold land use right within the scope of its use shall be transferred, sublet or mortgaged.

Chapter IV  Performance Supervision

Article 15 of the municipal and county departments in charge of natural resources will be the requirements of industrial access and land use, planning conditions, conservation and intensive requirements are included in the announcement of the land supply, and the late If there is any restriction on transfer (including split transfer), subletting or equity transfer in the supervision, it shall also be disclosed to the society together. Land use, planning conditions, conservation and intensive requirements should be included in the land use contract; industrial access requirements should be included in the regulatory agreement, in accordance with the principle of "who put forward, who fulfill their responsibilities, who supervise," by the relevant departments to carry out supervision, and will be included in the integrity of the situation.

Article 16 The land user shall develop, utilize and operate the land as agreed in the lease contract, failing to fulfill the contract agreement, the performance monitoring department has the right to order the land user to make corrections within a certain period of time; if no corrections are made after the expiration of the time limit, the performance monitoring department shall report to the municipal and county administrative departments of natural resources by letter and the municipal and county administrative departments of natural resources shall terminate the lease contract according to law. The administrative department of natural resources at the municipal or county level shall terminate the lease contract in accordance with the law and take back the right to use the leased land without compensation.

Article 17 If the land user is unable to commence or complete the construction or meet the conditions for transferring the leased land to the land for sale according to the agreed period of the contract due to force majeure or governmental reasons, the land user may apply for an extension of time to the grantor (lessor) 30 days in advance, and the relevant period may be postponed with the grantor's (lessor's) consent, but the period may not exceed one year in general. The period of extension generally shall not exceed one year.

Article 18 The land user shall pay the land price (rent) in accordance with the amount, period and manner agreed in the contract, and the grantor (lessor) shall deliver the land on time according to the contract. Failure to pay the land price (rent) and delivery of land on time, the liability for breach of contract according to the contract.

Article 19 Violation of the relevant provisions of the transfer, subletting, mortgaging of the leasehold land use rights, the lessor has the right to order the land user to make corrections within a certain period of time. If the lessor fails to make corrections after the deadline, the lessor has the right to terminate the lease contract and recover the leased land use right according to law.

Article 20 To rent and then let, rent and let a combination of leased land use right, the land user by the lease to transfer the land user should be in accordance with the "conservation and intensive use of land regulations," "unused land disposal methods," and other relevant provisions of the comprehensive assessment and evaluation. After rectification of the assessment and evaluation is still unqualified or the land user does not apply for assessment and evaluation, do not cooperate with the assessment and evaluation, by the municipal and county people's governments to take back the right to use the land without compensation, according to the contractual agreement to dispose of.

Article 21 The expiration of the term of the long-term lease of land, the land user did not apply for renewal or application for renewal has not been approved, the lessor to take back the land without compensation, in accordance with the provisions of the state-owned construction land-use right cancellation registration. According to the agreement of the lease contract, the buildings, structures and their ancillary facilities on the leased land shall be recovered by the lessor without compensation, and the land user shall maintain the normal use function of the buildings, structures and their ancillary facilities on the ground, and shall not destroy them artificially; if the buildings, structures and their ancillary facilities on the ground lose their normal use function, the land user is required to dismantle them on its own, and restore the site to be leveled. If they are not removed by the deadline, the lessor shall organize the relevant departments to remove them, and the cost shall be borne by the land users.

Land users to apply for renewal, due to the needs of the public interest has not been approved by the lessor to take back the land without compensation, the land user in accordance with the provisions of the state-owned construction land use right cancellation registration, the lessor to take back the buildings, structures and their ancillary facilities on the ground, in accordance with the agreement of the lease contract, to give the land user The land user will be compensated in accordance with the agreement of the lease contract.

Article 22 The people's governments at the municipal and county levels are responsible for organizing and leading the work of flexible transfer of industrial land, and shall study and formulate the relevant industrial policies within their jurisdictions, delineate the standards for industrial access, define the indicators, methods and procedures for land use performance evaluation, and do a good job of supervision and management.

Article 23 The relevant departments at the municipal level shall, in accordance with these implementation measures, strengthen the guidance and support for the city's work on the flexible granting of industrial land, and promptly resolve the problems and difficulties in implementation. Municipal natural resources administrative department is responsible for the development and release of "state-owned construction land use right transfer contract (industrial land first rent and then let)" and "state-owned construction land use right lease contract (industrial land long-term lease)" format text, the park management committee is responsible for the development of the "industrial land flexible transfer performance supervision agreement.

Chapter V  By-laws

Article 24 These Measures shall be implemented from the date of publication, a trial period of one year. If there is any inconsistency between these measures and the relevant provisions of the higher level, the provisions of the higher level shall prevail.

Article 25  Interpretation by the People's Government of Silver City.

Municipal Development [2023] No. 70.pdf