广东省城镇国有土地使用权公开招标拍卖管理办法
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广东省人民政府令第39号 Article 1 These Procedures are formulated in accordance with the PRC, Granting and Assigning Leaseholds in State-owned Urban Land Tentative Regulations and relevant laws and regulations in light of the actual circumstances of Guangdong Province in order to standardize the granting of State-owned leaseholds by invitation of bids or auction and to establish the open, fair and impartial order of the property market. Article 2 These Procedures shall apply to all grants of urban State-owned leaseholds within Guangdong Province made by public invitation of bids or auction (hereafter, "land bidding and auction activities"). Leaseholds to land for all new commercial real property projects (including commodity residences, office buildings, retail outlets, hotels and high-grade entertainment facilities, but excluding structures for the public good and industrial factory buildings) within the planned zones of cities (including county towns) of Guangdong Province must be granted by public invitation of bids or auction. Article 3 The land administration authorities of the people's governments at or above the municipal or county (including county level municipalities, here and hereinafter) level shall be responsible according to law for organizing and carrying out land bidding and auction activities within their jurisdictions. Article 4 Land to be granted by invitation of bids or auction shall be reported to the people's government for approval in accordance with the examination and approval limits of authority prescribed in the relevant laws and regulations. Article 5 Land bidding and auction activities shall be carried out in a planned fashion. The annual plan for the grant of State-owned leaseholds in municipalities and counties by invitation of bids or auction shall be formulated by the land administration authority of each municipal or county level people's government in conjunction with the relevant authorities on the basis of plans for social and economic development, industrial policies, urban planning, and the quota contained in the annual land use plan issued by the higher authority. The annual plan shall be implemented once it has been approved by the people's government at the same level and submitted for the record to the land administration authority one level higher. Article 6 After the annual plan for land grant by invitation of bids or auction has been approved, the land administration authority shall duly carry out the preliminary preparatory tasks in conjunction with the relevant authorities such as the authorities for construction, urban planning, finance, real property administration, planning, etc. This shall include the development of the lots to be bid for or auctioned, the determination of the main planning and design points, the preparation of the master plan for land use, notes on submission of bids (auction bidding), the bid invitation documents for leaseholds and other relevant documents. Article 7 The principle of lawfulness, openness, fairness and impartiality shall be observed in the conduct of leaseholds bidding or auction activities, and the supervision of the society and the higher level land administration authorities shall be accepted. Article 8 When holding land bidding or auction activities, the land administration authority shall make in advance a public announcement of the time and place of the bidding (auction) and the lots to be bid for (auctioned). The land administration authority shall furnish the bidders with relevant information on the lots for which bids are invited or which are to be auctioned (including the area, location, purpose, development process, main planning and design points, land use term, relevant rules, conditions to be met by participants and the bidding (auction) rules, etc.) and shall accept inquiries. Article 9 The reserve grant price for land bids or auctions shall be evaluated by an institution with a land evaluation qualification in accordance with the standard procedures prescribed by the State and the province. After the reserve grant price has been examined and verified by the land administration authority at or above the county level in conjunction with the price authority, it shall be submitted for approval by the people's government at the same level. Article 10 Bidders shall familiarize themselves with the information concerning the lots to be bid for or auctioned. They shall observe the rules and take part in the bidding (auction) according to law. Bidders may not practise fraud or collude to lower prices. Article 11 When inviting bids for land, the land administration authority may determine the winning bidder by selecting one of the following conditions: 1. the highest price offered during the bidding; 2. the best bid as evaluated by the working group for bid evaluation on the basis of the bid price and the planning and design plans, etc.; 3. the first to make full payment of the specified bid price during the bidding; or 4. the highest land premium actually paid during the bidding. Article 12 The basic procedures for bidding for land are as follows: 1. the land administration authority shall make a public announcement of invitation of bids 30 days prior to the bidding deadline. If Item Three or Four of Article 11 hereof is used as the condition and procedure for the winning bid, a public announcement of the bid price or the reserve grant price and the method of payment shall be made at the same time; 2. the bidders shall register and obtain the relevant bid invitation documents; 3. the winning bidder shall be determined in accordance with the conditions for awarding the bid contained in the public announcement. If Item Two of Article 11 hereof is used as the condition for the winning bid, the bid shall be awarded after evaluation by the working group for bid evaluation; 4. the land administration authority shall notify the winning bidder and the unsuccessful bidders in writing; 5. the winning bidder shall enter into the land grant contract with the land administration authority and pay a deposit equal to 10% of the total amount of the land premium within 15 days after receipt of the letter of acceptance; and 6. after the winning bidder has paid the land premium in full in accordance with regulations, it shall carry out land registration according to law and obtain a land use certificate. Article 13 The basic procedures for land auctions are as follows: 1. 30 days prior to a public auction, the land administration authority shall make a public announcement thereof; 2. the bidders shall register to take part in the bidding and obtain the relevant documents; 3. the public auction shall be carried out at the stipulated time and place according to the following sequence: (1) a brief announcement of the location, area, purpose, planning requirements and other relevant particulars of the lot to be auctioned by the person presiding over the auction; (2) the calling of the starting bid for the auction; (3) competitive bidding or raising of bids by the bidders in accordance with the prescribed method. The successful bidder shall be the person who bids for (or raises the bid to) the highest price; (4) entry into the auction deal confirmation; 4. the successful bidder shall enter into the land grant contract with the land administration authority and pay a deposit equal to 10 % of the total amount of the land premium within 15 days commencing from the date of the auction deal; and 5. after the successful bidder has paid the land premium in full in accordance with regulations, it shall carry out land registration according to law and obtain a land use certificate. Article 14 Where State-owned leaseholds are obtained through bidding or auction in accordance with these Procedures, relevant procedures such as approval of capital construction projects and real property development and business permits, etc. may be carried out with the relevant authorities on the strength of the letter of acceptance or the auction deal confirmation. Article 15 In accordance with the relevant regulations, the land administration authority may appoint or entrust a qualified immovable property auction house or a real property transaction institution to be responsible for the specific business of auctioning land. Article 16 The bidding deposit paid by the winning bidder or the successful bidder may be deducted from the land premium. Article 17 If, upon completion of the bidding or the auction, the winning bidder or the successful bidder backs out and fails to enter into the grant contract with the land administration authority at the prescribed time, the winning bidder shall pay compensation for the full cost of organizing the bid or auction and the land administration authority shall organize another bid or auction for the lot. Article 18 If the winning bidder or the successful bidder fails to pay the land premium in full within the prescribed time limit, the land administration authority may request the people's government at the same level to approve the rescission of the grant contract. The deposit shall not be returned and the government shall recover the ownership of the leaseholds and the immovable property on the land without compensation. In addition, liquidated damages of 10% of the total land premium may be charged. If the winning bidder or the successful bidder has paid the land premium in full in accordance with regulations and the land administration authority fails to provide the granted land as agreed, the winning bidder or the successful bidder shall have the right to rescind the contract. The land administration authority shall refund twice the amount of the deposit, and the winning bidder or the successful bidder may additionally claim damages equal to 10% of the total amount of the land premium. Article 19 The results of the bidding for or auction of municipal or county land shall be reported for the record to the land administration one level higher. The higher level land administration authorities shall supervise bids and auctions held by the lower level land administration authorities and may rectify non-standard bids and auctions. If a bid or auction violates laws, regulations or these Procedures, a higher level land administration authority may, after reporting to the people's government at the same level for approval, declare the bid or auction to be invalid. The responsible persons shall be liable to pay compensation for the losses caused. Article 20 If the highest land premium offered by all of the bidders is lower than the reserve grant price or none of the bidders meets the conditions for the winning bid, the land administration authority that organized the bid may declare the bid or auction of the leaseholds terminated. Article 21 If a member of the government working personnel accept bribes, divulges secrets, is derelict in his duties or practises graft during the course of land bidding or auction activities, he shall be given administrative punishments by his unit or the higher level authorities. If his acceptance of bribes, divulging of secrets, dereliction of duty or graft constitutes a criminal offence, the judicial authorities shall pursue his criminal liability according to law. Article 22 If a bidder illegally obtains leaseholds by fraudulent or deceitful means, the land administration authority shall recover the leaseholds and impose a fine of Rmb 15 per square meter, and the bidder's unit or higher level authority shall impose administrative penalties on the relevant responsible persons. If the illegal obtaining of land constitutes a criminal offence, the judicial authorities shall pursue criminal liability according to law. Article 23 These Procedures shall be implemented as of 1 August 1998. |
