Provisions of the Ministry of Land and Resources on Assignment of State-owned Construction Land Use Right through Bid Invitation, Auction and Quotation

Provisions of the Ministry of Land and Resources on Assignment of State-owned Construction Land Use Right through Bid Invitation, Auction and Quotation

Order of the Ministry of Land and Resources [2007] No. 39

September 28, 2007

The Provisions of the Ministry of Land and Resources on Assignment of State-owned Construction Land Use Right through Bid Invitation, Auction and Quotation, which were deliberated and adopted at the third executive meeting of the Ministry of Land and Resources on September 21, 2007, are hereby promulgated and shall come into force as of November 1, 2007.
Minister Xu Shaoshi

Attached: Provisions of the Ministry of Land and Resources on Assignment of State-owned Construction Land Use Right through Bid Invitation, Auction and Quotation

(Adopted at the fourth executive meeting of the Ministry of Land and Resources on April 3, 2002, revised at the third executive meeting of the Ministry of Land and Resources on September 21, 2007)
　
Article 1 With a view to standardizing the assignment of the right to use state-owned construction land, optimizing the configuration of land resources and setting up an open, fair and impartial system for land usage, these Provisions are hereby formulated in accordance with the Real Rights Law of the People's Republic of China, the Land Administration Law of the People's Republic of China, the Law of the People's Republic of China on the Administration of Urban Real Estate and the Regulations for the Implementation of the Land Administration Law of the People's Republic of China.
　
Article 2 These Provisions shall apply to the assignment of land-use right on, above or under any state-owned construction land within the territory of the People's Republic of China through bid invitation, auction or quotation.
For the purpose of these Provisions, the term "assignment of right to use state-owned construction land through bid invitation" shall mean the behavior that the land and resources administration department of any municipal and county-level people's government (hereinafter referred to as Assigner) publishes public announcement for bid invitation, invites bid for right to use state-owned land from specific or unspecific natural persons, legal persons and other organizations, and then determines the holder of right to use state-owned construction land on the basis of the bidding result.
For the purpose of these Provisions, the term "assignment of right to use state-owned construction land through auction" shall mean the behavior that the Assigner publishes public announcement for auction, carries out public auction at a specified place and a specified time, and determines the holder of right to use state-owned construction land on the basis of the auction result.
For the purpose of these Provisions, the term "assignment of right to use state-owned construction land through quotation" shall mean the behavior that the Assigner publishes public announcement of quotation, makes public within the time limit as specified in the said announcement and at the specified land trading market the trading conditions for the land to be assigned, accepts the quotation application from bidders and renews the quoted price, and then determines the holder of right to use state-owned construction land on the basis of the quotation result upon expiration of the quotation period or the result of on-site quotation.
　
Article 3 The assignment of right to use state-owned construction land through bid invitation, auction or quotation shall comply with the principle of openness, fairness, justice and good faith.
　
Article 4 The land used for profitable purpose such as industrial land, commercial land, tourist land, entertainment land and commercial residence land, etc. as well as the land in which more than two land users are interested shall be assigned through bid invitation, auction or quotation.
　　......