I. General requirements

(I) Guiding ideology. Xi Jinping new era of socialism with Chinese characteristics as a guide, the full implementation of the twentieth CPC National Congress and the spirit of the Second Plenary Session of the Twentieth CPC Central Committee, closely around the integrated promotion of the "five-in-one" overall layout and coordinated promotion of the "four comprehensive" strategic layout, the implementation of the CPC Central Committee and the State Council decision-making and deployment, give full play to the market, the market, the market, the market, the market and the market. The State Council's decision-making and deployment, give full play to the decisive role of the market in the allocation of resources, better play the role of the government, adhere to the problem-oriented, with the establishment of urban and rural areas as the direction of a unified construction land market, to promote the smooth flow of land elements as the focus of the revitalization of the stock of land resources for the purpose of focusing on perfecting the rules of the secondary market of the land in the two districts, improve the system of service and supervision, improve the level of saving and intensive land use, and provide land security for the high-quality development of the economy of Alxa. Alxa economic high-quality development to provide land security.

(ii) Basic principles. The transfer, lease and mortgage transactions of construction land use rights shall follow the principles of openness, fairness, impartiality, honesty and voluntariness.

(3) objectives and tasks. Reference to the state, autonomous regions pilot areas of the land secondary market experience and practice, in 2023, the use of the Ministry of Natural Resources open natural resources asset trading platform initially established two districts land secondary trading market. By 2025, basically establish a secondary land market with clear property rights, market pricing, information gathering, safe transactions and effective supervision. On this basis, gradually improve the market rules, the implementation of services and regulatory measures, the formation of market order more standardized online and offline trading platform.

(D) Scope of application. The two areas within the scope of the land secondary market transaction management is applicable to this program. This program refers to the land secondary market transactions refers to the construction of land use rights transfer, lease, mortgage and other acts, the object of the transaction is obtained in accordance with the law of the state-owned construction land use rights, focusing on the land transactions and land together with the buildings on the ground, other attachments, such as the whole lot of land traded together. Involving real estate transactions, should follow the "People's Republic of China Urban Real Estate Management Law" "urban real estate development and management regulations" and other laws and regulations. In accordance with the law into the market in rural pastoral areas, the collective management of land use right transfer, rental, mortgage, can refer to the implementation of this program.

Two, the task

(a) the use of trading platform. The secondary market for land in the two districts mainly relies on the functions provided in the Ministry of Natural Resources' open trading platform for natural resources assets, such as the release of supply and demand information, transaction aggregation, public bidding and trading, contract assignment, and statistical monitoring, to carry out the work of the secondary market for land in the two districts. (Responsible unit: Land and Resources Bureau of Demonstration Area)

(2) Information release and review. Market players can register under their real names and log in to release information on supply and demand for land transfer and lease. The Land and Resources Bureau of the demonstration area carries out audits in accordance with the conditions for the transfer and lease of construction land use rights, verifying the status of the rights of the land and whether there are circumstances restricting transactions. Market players can also directly browse the supply and demand information of the secondary market displayed in the online service. In order to promote matching of supply and demand, the system can provide market owners with the function of comparing information on multiple land parcels, and can also proactively push more suitable land parcel information for reference according to the supply and demand information released by market owners and the content of browsing. (Responsible unit: Demonstration District Land and Resources Bureau)

(3) Open bidding transaction process. Land secondary market open bidding transactions mainly for the transfer of state-owned construction land use rights, the transaction mode for the "online + offline" transaction mode. Online trading mode for market players in the natural resources asset trading platform issued by the transaction information after review, in accordance with the trading platform set up by the trading mode to carry out transactions, transactions completed, signing the contract, payment of taxes and fees, for registration. The offline transaction mode is to carry out transactions between market players independently, and it is necessary to declare to the Land and Resources Bureau of the demonstration area the transaction price and the content of post-transaction construction in accordance with the law, and after the Land and Resources Bureau of the demonstration area and the relevant departments have examined and agreed to carry out the transactions in accordance with the law, pay the fees and go through the registration process. (Responsible unit: Land and Resources Bureau of the demonstration area, High-tech Zone Administrative Approval and Service Bureau)

(4) Improve transaction services. The Administrative Approval and Service Bureau shall strengthen the orderly connection between land secondary market transactions and real estate registration, set up a comprehensive acceptance window that brings together registration, taxation, finance and other relevant departments or organizations, implement integrated registration services, and actively promote the "one-window acceptance, one-stop settlement" service mode. (Responsible units: Model District Land and Resources Bureau, Hi-tech Zone Administrative Approval and Service Bureau)

(E) Strengthen data interoperability and sharing. Departments should strengthen the judicial disposal of land-related work convergence, cases involving the transfer of construction land use rights, the Land and Resources Bureau of the demonstration area should promptly cooperate with the people's court to provide the real estate involved in the status of the rights of the original grant contract agreed rights and obligations, and so on. Judicial disposal of land can enter the land secondary market trading platform transactions. The financial departments of the two districts shall further standardize the management process of the disposal of state-owned land-related assets; when the departments carry out the disposal of state-owned assets, involving the transfer of the right to use the land allocated for construction, they shall consult the Bureau of Land and Resources of the Demonstration Area and truthfully inform the parties concerned of the relevant conditions of the land. The Land and Resources Bureau, Urban Development Bureau, Administrative Approval and Service Bureau, Taxation Bureau and other departments of the demonstration area shall strengthen the joint supervision of land-related equity transfer, provide timely and accurate information on registration, real estate transactions and other information related to land-related equity transfer, and realize the information interoperability and sharing. (Responsible units: Land and Resources Bureau of the demonstration area, the Finance Bureau, High-tech Zone Finance and Finance Bureau, Ustai Court, the Tax Bureau)

(F) the establishment of the land secondary market dynamic monitoring and supervision system. The Land and Resources Bureau of the demonstration area collects real-time information on the number, structure, price, time sequence and other relevant information of the transfer, lease and mortgage of the secondary market of land, and strengthens the linkage and overall regulation of the primary and secondary markets of land. Strictly implement the public land price system, update and release the benchmark land price in a timely manner, and formulate the standardized land price of the two districts in due course. (Responsible unit: Demonstration District Land and Resources Bureau)

Three, clarify the conditions, improve the rules

(a) State-owned construction land use rights transfer. This program refers to the transfer of state-owned construction land use right refers to all types of construction land use right transfer of behavior, including the purchase and sale, exchange, gift, capital contribution, land use right to settle debts, etc., as well as judicial disposal, asset disposal, legal persons or other organizations merger and separation and other forms of transfer of the right to use the construction land involved. If the construction land use right is transferred, the buildings, structures and attachments on the ground are transferred together. The rights and obligations stated in the original land use right transfer contract and registration documents are transferred. Involving the transfer of real estate, should be in accordance with the provisions of the laws and regulations related to the transfer of real estate, real estate transfer related procedures. (Responsible units: Demonstration District Land and Resources Bureau, High-tech Zone Urban and Rural Construction Bureau, Administrative Approval and Government Services Bureau)

The transfer of the clan in the town planning for transformation or piece development, under the same conditions, the government can exercise the right of first refusal. If the transfer price declared by both parties to the transaction is less than 70% of the benchmark land price of the town, the management committee has the right of first refusal. If the declared price is on the high side, it will be regulated through taxation and financial means in accordance with the law, and risk warning tips will be provided to the right holders. When the co-owner of the state-owned construction land use right transfers the state-owned construction land use right, other co-owners have the right of first refusal under the same conditions. (Responsible units: Land and Resources Bureau and Finance Bureau of the demonstration area, Finance and Finance Bureau and Taxation Bureau of the high-tech zone)

1. The transfer of construction land use rights acquired by way of allocation. Allocated construction land use right shall not be transferred without approval, if there is a need to transfer, the user shall apply to the Land and Resources Bureau of the Demonstration Zone, and after the agreement of the Management Committee of the High-tech Zone, report to the people's government with the right to approve the approval of the people's government to be implemented. If the land use after the transfer is in line with the Catalog of Allocated Land, after approval in accordance with the law, the land transfer price may not be paid up and the relevant procedures shall be handled in accordance with the registration of real estate transfer. If the land use after the transfer does not comply with the Catalogue of Land Allocation, under the premise of complying with the land and space planning, both parties shall go through the procedures of real estate transfer registration after the transferee pays the land premium in accordance with the laws and regulations; in case of changing the planning conditions in accordance with the laws and regulations, the premium shall be reasonably determined in accordance with the normal market price of the land use right under the land use right granted under the planning conditions after the change, minus the price of the land use right granted under the status quo conditions of use. The transfer of state-owned construction land use rights between government agencies, institutions and wholly state-owned enterprises, after the transfer in line with the Catalogue of Allocated Land Use Rights to retain the allocation of the use of the land, you can directly apply for land transfer registration formalities with the transfer approval documents. (Responsible units: Demonstration District Land and Resources Bureau, Finance Bureau, Hi-tech Finance Bureau, Urban and Rural Construction Bureau, Administrative Approval and Government Services Bureau, Tax Bureau)

2. Transfer of the right to use construction land acquired by way of grant. In compliance with the provisions of laws and regulations and the premise of the concession contract, fully guarantee the freedom of transaction, according to law, real estate transfer registration. After the transfer of the right to use the land for construction land use for the remaining years of the original concession contract. If the investment in the housing construction project has not reached more than 25% of the total investment and the industrial land has not reached "three passes and one leveling", for the first time transfer, in accordance with the principle of investing first and then transferring, both parties to the transaction are allowed to sign the "transfer contract of the right to use the land for construction" first, and to handle the registration of the real estate in advance according to the law, and then handle the procedures of real estate transferring when the investment in the development has reached the conditions for transferring. Then go through the procedures of real estate transfer registration. The right holder of the advance notice registration can apply to the relevant departments for the construction project registration procedures with the certificate of advance notice registration of immovable property and other necessary materials. The immovable property registration organization shall record the duration of the advance registration in the immovable property registration book and in the memo column of the advance registration certificate. If the claim is extinguished after the preview registration or if no application for registration is made within ninety days from the date when the transfer of immovable property can be registered, the preview registration shall lapse. The ratio of the project investment to the total project investment may be entrusted to a qualified organization for evaluation. Involving idle land, must be disposed of in place in accordance with the relevant provisions of the idle land, the application of this program. (Responsible units: Demonstration District Land and Resources Bureau, High-tech Zone Urban and Rural Construction Bureau, Administrative Approval and Government Services Bureau, Tax Bureau)

3. The transfer of the right to use the construction land acquired in the form of capital contribution or equity participation. The transfer of construction land use rights acquired by way of capital contribution or equity participation, with reference to the transfer of construction land use rights acquired by way of grant, no longer reported to the original approval of the construction land use rights of capital contribution or equity participation authorities; after the transfer, can be retained as capital contribution or equity participation, or directly change to the grant mode. If the land use right of the construction land use right for capital contribution or equity participation changes the land use or is expanded to increase the floor area ratio, with reference to the relevant provisions of the land use right of the land transfer, the land use right shall be approved by the law to make up for the land transfer price, and the method of acquisition can be changed to the land transfer. (Responsible units: Demonstration District Land and Resources Bureau, High-tech Zone Urban and Rural Construction Bureau, Administrative Approval and Government Services Bureau, Tax Bureau)

4. The transfer of land use rights allocated for construction in the case of mergers and reorganization and restructuring. Enterprise mergers and reorganization, restructuring involved in the allocated land in line with the "allocated land catalog", approved by law, can continue to be allocated in the use; does not comply with the "allocated land catalog", approved by law, the transferee to pay the land grant price for the transfer of immovable property after registration. (Responsible units: Demonstration District Land and Resources Bureau, Hi-tech Zone Urban and Rural Construction Bureau, Administrative Approval and Government Services Bureau, Tax Bureau)

5. Land division, merger and transfer. The division and combined transfer of construction land use right shall follow the principle of economical and intensive utilization and high-quality development, and conform to the relevant requirements of planning, fire safety and environmental protection, as well as the agreement of the transfer contract or the provisions of the allocation decision. The division and transfer shall be applied for by the right holder, and after approval in accordance with the law, a single plot of land may be divided into several plots of land, or several plots of land may be merged into a single plot of land. The land parcel after division or merger shall have clear property rights and conditions for independent division, and if it involves the construction and use of public supporting facilities, the relevant rights and obligations shall be clearly defined in the transfer contract. The land division and transfer shall be in line with the agreement of the allocation decision and the transfer contract, and if it is clear that the land shall not be divided and transferred, the agreement shall be followed; if the land to be divided has been pre-sold or if there are multiple rights and interests of the subject, the consent of the relevant right holders shall be obtained, and the lawful rights and interests of the right holders shall not be jeopardized. After the division and transfer, each lot shall comply with the planning conditions. If the floor area ratio is increased, the party who increases the floor area shall pay the land transfer price after approval by the Land and Resources Bureau of the demonstration area. The industrial land that meets the conditions for transfer can be divided, and it is encouraged to make full use of the under-construction projects and enterprises' low-utility land and vacant plants to develop new industries by way of division and transfer, but the change of land use shall be approved according to the law; for the division and transfer of the land of the industrial project that has been completed according to the planning and acceptance of the completion of the construction, the division and transfer shall be carried out in accordance with the principle of unification of the property rights of the land and property and shall not affect the continuation of the industry chain and the normal production and operation activities of the enterprises after transfer. The transfer shall not affect the continuation of the industrial chain and the normal production and operation activities of the enterprise. In principle, if multiple lots are merged and multiple land use right types are involved, such as allocation, transfer, capital contribution or equity investment, the land use right shall be processed in accordance with the transfer method, and the allocated land shall pay the land transfer price; if the remaining years of the land transfer are inconsistent, the land transfer right shall be registered according to the longer years, but the land transfer price shall be re-approved and paid in time. (Responsible units: Demonstration District Land and Resources Bureau, High-tech Zone Urban and Rural Construction Bureau, Administrative Approval and Government Services Bureau, Tax Bureau)

(B) State-owned construction land use right rental. This program refers to the lease of state-owned construction land use right refers to the land user as the lessor of state-owned construction land use right leased to the lessee to use, the lessee to pay rent to the lessor behavior. The term of the lease of the right to use state-owned construction land shall not exceed the term of use agreed in the Contract for Granting the Right to Use State-owned Construction Land minus the remaining term of use of the original construction land user, and the maximum term of the lease shall not exceed 20 years. It shall comply with the agreement of the paid use contract or the provisions of the allocation decision, and can be rented out as a whole or in part, and a written contract shall be signed to determine the rights and obligations of both parties to the rental. (Responsible units: Demonstration District Land and Resources Bureau, Finance Bureau, Hi-tech Zone Finance and Finance Bureau, Administrative Approval and Government Services Bureau)

1. Allocated state-owned construction land use rights for rent. The construction land use right leased in the form of allocation, should be paid in accordance with the relevant provisions of the land revenue contained in the rent, included in the management of land grant revenue, according to the two lines of income and two lines of expenditure management regulations, paid into the financial management. If the land is rented out for a long period of time (more than 5 consecutive years) or part of the land is rented out and can be divided, the land use procedures such as granting and leasing shall be completed in accordance with the law. (Responsible units: Demonstration District Land and Resources Bureau, Finance Bureau, Hi-tech Zone Finance Bureau, Urban and Rural Construction Bureau, Tax Bureau)

2. Construction land leased in a paid manner. The construction land use right obtained by way of concession, lease, capital contribution or equity and other paid rental or sublease, the concession or lease of state-owned construction land use right shall comply with the "state-owned construction land use right concession contract" or "state-owned land use right lease contract" agreement. (Responsible units: Demonstration District Land and Resources Bureau, High-tech Zone Urban and Rural Construction Bureau, Administrative Approval and Government Services Bureau, Tax Bureau)

(C) State-owned construction land use right mortgage. The state-owned construction land use right mortgage referred to in this program, refers to the debtor or a third person will be all the construction land use right for the debtor to provide security for the debtor to the creditor to fulfill the debt, in the case of the debtor does not fulfill the debt, the creditor has the right of priority compensation for the collateral behavior. The debtor or the third person is the mortgagor, the creditor is the mortgagee, and the state-owned construction land use right and the buildings and other attachments on the ground that provide the security are the collateral.

In accordance with the principle of equality of claims, natural persons and enterprises can apply for registration of real estate right mortgage as mortgagee of the state-owned construction land use right and its buildings and structures on the ground in accordance with the law. Involving debt contracts between enterprises must comply with the provisions of relevant laws and regulations. During the mortgage period, the mortgagor may transfer the mortgaged state-owned construction land use right. If the parties agree otherwise, the agreement shall be followed. When the mortgaged state-owned construction land use right is transferred, the mortgage right shall not be affected. The mortgagor shall promptly notify the mortgagee of the transfer of the mortgaged state-owned construction land use right. Where the mortgagor can prove that the transfer of the mortgaged state-owned construction land use right may impair the mortgage right, it may request the mortgagor to settle the debt to the mortgagor in advance by transferring the price obtained from the transfer. The portion of the transferred price in excess of the amount of the claim shall belong to the mortgagor, and the shortfall shall be settled by the debtor. After the state-owned construction land use right is mortgaged, the new buildings and structures on the land are not part of the mortgaged property. When the state-owned construction land-use right is mortgaged, the newly added buildings and structures are disposed of together with the construction land-use right, but the mortgagee is not entitled to receive priority compensation for the mortgaged price of the newly added buildings and structures.

1. Allocated state-owned construction land use right mortgage. The construction land use right obtained by allocation should be set up together with the buildings on the ground in accordance with the law and regulations of the mortgage, the realization of the allocated land mortgage should be given priority to pay the land grant income. (Responsible unit: Hi-tech Zone Taxation Bureau)

2. Mortgage of construction land acquired in a paid manner. The construction land use right mortgage obtained by way of concession, lease or equity participation and other remunerative means shall be handled in accordance with relevant laws and regulations. In order to make capital contributions (shares), authorized operation of state-owned construction land use right mortgage, refer to the transfer of state-owned construction land use right mortgage related regulations. The state-owned construction land use right that has been registered in accordance with the law and has obtained the Certificate of Real Estate Right or the Certificate of State-owned Land Use Right can be mortgaged, with specific reference to the relevant laws and regulations. At the same time, for-profit medical, pension, education, culture, sports and other social public sector organizations that acquire state-owned land use rights by way of concession may set up mortgages. The funds obtained from the above projects by setting up mortgages shall only be used for the development and construction of the project or for the operation of the corresponding business to improve the environment, and shall not be guaranteed for a third party. (Responsible unit: Bureau of Land and Resources of Demonstration Area)

Fourth, time schedule

By the end of July 2023, complete the work of soliciting opinions from relevant departments and revising and improving the work of the "Work Program on Promoting the Transfer, Rental, and Mortgage Secondary Market of the Right to Use the Land for Construction (for Trial Implementation)"; by the end of August 2023, issue the "Work Program on Promoting the Transfer, Rental, and Mortgage Secondary Market of the Right to Use the Land for Construction (for Trial Implementation)". Market Work Program (for Trial Implementation)"; by the end of December 2023, strive to complete any one of the land secondary market in the transfer, leasing, mortgaging. 2024, in conjunction with the actual work, establish and improve the relevant work system and mechanism. 2025 before the end of the year, the basic establishment of the secondary market of land with clear property rights, market pricing, information agglomeration, transaction security, effective supervision.

V. Organizational safeguards

(A) strengthen organizational leadership. High-tech zone management committee set up by the management committee, deputy director of Wang Xinhu as leader, land resources, finance, housing and urban-rural construction, state-owned assets supervision and management, taxation, market supervision, finance and other competent departments to participate in promoting the improvement of the construction of land-use rights to transfer, lease, mortgage secondary market work leading group, under the leading group office. The office is located in the Land and Resources Bureau of the demonstration area. This program will be issued by the Office of the Leading Group to clarify the outstanding issues.

(ii) strict accountability. Strengthen the supervision and accountability, the violation of the secondary land market departments, units and responsible personnel strictly responsible for the implementation of accountability by the relevant departments in accordance with the law.

(3) strengthen publicity and guidance. Departments should actively through the traditional media and emerging media, widely publicize the natural resources asset trading platform, to attract market players to take the initiative to use the secondary market online services, timely reporting of relevant work measures and the results achieved, summarize and promote the typical experience and innovative practices, and enhance public understanding of the secondary land market and support. It is necessary to do a good job of public consulting services, widely solicit public opinions and suggestions, reasonably guide market expectations, and respond to public concerns in a timely manner, so as to create a favorable public opinion environment for the smooth promotion of the construction of the secondary land market transactions.