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1、State-ow ned con structi on land tran sfercon tract(Dem on strati on text)The developme nt ofPeoples Republic of China Ministry of land and resourcesPeoples Republic of Chi na Nati onal Admi nistrati on for in dustry andCommerceCon tract nu mber: State-ow ned con structi on land tran sfer con tractT
2、he parties of this con tract:Tran sfer: Peoples Republic of Chi naProvin ces (aut onom ous regi ons andmun icipalityCity) City (County);Maili ng address:;Zip/postal code:;Phone: ;Fax: ;Bank name: ; Account number: 。Assignee: ;Mailing address: ;Zip/postal code: ;Phone: ;Fax: ;Bank name: ;Account numb
3、er: 。Chapter TotalArticle Under the Peoples Republic of China Law on real right, the Peoples Republic of China contract law, the Peoples Republic of China land managementlaw, the Peoples Republic of China on urban real estate administration law and other relevant laws, administrative regulations and
4、 land supply policy, both sides in a spirit of equality, voluntary and paid, the principle of honesty and credit, to enter into this contract.Article II Transferring ownership of the land is Peoples Republic of China, authorized the transfer of the transferor under the legal right to use State-owned
5、 land for construction, underground resources, Fortuna, belonging to State-owned construction land transfer range.Article III Give access to State-owned construction land according to the law, within the period of transfer rights of possession, use, enjoyment and disposal according to law, the right
6、 to use land according to law in the construction of buildings, structures and ancillary facilities.Chapter II Transfer of delivery and payment of the sale price of the landThe fourth article Numberof tran sfer un der this con tract , with total area of upper square (lower case Square metres), the t
7、ransfer of which area to upper square (small square).Un der this con tract for sale is located in。Tran sferri ng land un der this con tract for the pla ne boun dary; Pla neboun dary map tran sfer is provided in annex1.Un der this con tract for sale verticalboun daries of the parcel For theupper boun
8、d, for the next boundary, height differenee ism. Verticallimits of tran sfer, see annex2.Tran sfer space is whether this boun dary poin t, results in a vertical plane and the upper and lower limits of altitude planes closed the formati on space area.The fifth articleTran sferri ng land un der this c
9、on tract for the purpose .The sixth sect ion Tran sferee to agree, in year-m on th Before deliveri ngthe tran sfer to the assig nee, consent of the tran sferor at the time ofdelivery of the parcel shall meet theprovisi ons of the land con diti ons:(A) the ground leveli ng up ;In frastructure reaches
10、 around ;(B) status of land con diti on。Articleseventh Construction of State-owned land use right under thiscon tract for a period of tran sferYears was the sixth clause of the con tract delivery date;origi nally allocated (the lessee) of State-ow ned con struct ion land useright transfer of the rep
11、lacement procedure, year of transfer period from the date of con tract sig nature.Article eighth Under the contracts to State-owned construction land transfer price of RMBcapital (the lowercase Yuan) and capital of RMBper square metre (lowercase ).The Nineth Under this contract the deposit RMBcapita
12、l (the lowercase ), arrived in earnest for land transfer price.Article tenthConsent by the assignee in accordance with the firstparagraph of this article , of the State-owned construction land use rights paid to the transferor sale price:(A) from the date of signature of this contract Days of lump s
13、umprice for the State-owned construction land transfer;(B) according to the following time and amount Whopays the price for the State-owned construction land transfer of the right of transfer.The first part of Capital of RMB Yuan (lowercase ), payment time: year Month Prior to the date.Phase II Capi
14、tal of RMB Yuan (lowercase ), payment time: year Month Prior to the date.Capital of RMB Yuan (lowercase ), time of payment:Years Months priorto the date.Capital of RMB Yuan (lowercase ), time of payment:Years Months priorto the date.Payments of State-owned construction land transfer price, second pa
15、rt of the assignee to payment and subsequent periods when the State-owned construction land transfer price agreed in accordance with the date of the payment of the first phase of the land price published by the peoples Bank of China loan interest rate, interest is paid to the transferor.The 11th art
16、icle The assignee should be paid according to the contract after the full selling price, this contract and the price of transfer payment vouchers and other related documentation, application for transfer of registration of right to use State-owned land for construction.Chapter III Construction of la
17、nd development and utilizationThe 12th article Consent by the assignee under this contract to develop investment strength of this articleprovides for the implementation:(A) land for construction of industrial projects under this contract, consent by the assignee under the contract of the project tot
18、al investment in fixed assets is not less than the approval or registration for the record amount of RMB capital Million (lowercase ), Yuan per square meter or more of investment capital (the lowercase Yuan). Construction projects under this contract for the total fixed assets investment, including
19、investment in buildings, structures and their associated facilities, equipment and selling price.(B) under this contract for construction ofnon-industrial projects,committed by the assignee under the contract of not less than the total development investment capital of RMBMillion (lowercase).The 13t
20、h article Assignee under this contract within the scope of new buildings, structures and their ancillary facilities, should conform to the city (County) Government transfer planning conditions determined by the management planning (see annex 3). Of which: Nature of main building;Ancillary buildings;
21、Total construction areaSquare meters;Building volume rate is not higher thanNot below ;Building Height Restriction ; Density is not greater thanNot below ;Green rate is not higher thanNot below ;Other land use requirements 。The 14th article Consent by the assig nee packages un der this con tract in
22、accorda nee with this sect ionprovides for the impleme ntatio n:(A) un der this con tract for con struct ion of in dustrial projects,accord ing to the Pla nning Departme nt to determ ine desig n con diti ons, within the framework of this con tract shall be gover ned by in ternal administrative offic
23、e and living facilities of floor space area should be no more than %, No more than square metres , covers no more than square. Assig nee agree not to let homes, expert build in gs, built with in the scope of un productive facilities such as hotels, guest houses and training cen tres;(B) con tract fo
24、r con struct ion of reside ntial projects, accord ing to the con diti ons determ ined by the man ageme nt pla nning and con structi onpla nning con struct ion,reside ntialcon struct ionwithin the scope of thiscon tract is subject to total nu mber of not less tha nSet. Among them, anarea of 90 square
25、 metres housing number not less than , sets requirements for hous ing con struct ion. Un der this con tract within an area of 90 squaremetres housing area as a proportion of the total area of land development and con struct ion of not less tha n %. Covered un der this con tract to support con struct
26、 ion of affordablehous ing, low-re nt hous ing, affordable hous ingby the Government, agreed to by the assignee under this subsection after the con structi onways to fulfil:1 . Transferred to the Government;2 . Repurchase by the Government;3 . According to the Governments affordable housing construc
27、tion andsales man ageme nt of the impleme ntati on of the releva nt provisi ons;4 ;5 . o15th Un der this con tract, the assig nee agrees within the con structi on of the follow ing projects support ing synchroni zati on project, and upon the completi on of the tran sfer free of charge to the Gover n
28、ment:(A) ;(B) ;(C) 。16th section Assignee construction projects agreed to under this contract year month day starts before,Years months prior to the date ofcompletion.Assignee cannot be started on time, in advance30 The day of transferapplications for deferring the person, as agreed by the transfero
29、r of deferring, deferred due to the completion of the project, but deferring the period shall not exceed one year.17th Under this contract, the assignee whenbuilding, relating to water, gas, sewage and other facilities and main line, the interface and the introduction of electric transformer substat
30、ion project, should be in accordance with relevant regulations.Assignee agrees that the Government for the laying of pipelines and pipeline utilities need access, adoption, cases should be across, but this function of land use should be affected, Government or public utilities construction should be
31、 given reasonable compensation.The 18th article Assignee shall, in accordance with the contractual volume rate of land use, land use, shall not be allowed to change. Within the transfer period, need to change the land use of this contract, the parties agreed to in accordance with this articleshall b
32、e handled:(A) recovered by the transferee paid right to use construction land;(Ii) law handle change land uses approved procedures, signed state-owned construction with to right transfer contract change agreement or again signed state-owned construction with to right transfer contract, by by let peo
33、ple according to approved change stylish land uses Xia construction with to right assessment market prices and original land uses Xia construction with to right assessment market prices of difference fill paid State-owned construction with to right transfer price, handle land change registration.The
34、 19th This contract items Xia cases to in using period within, Government retained on this contract items Xia cases to of planning adjustment right, original planning as has modify, the cases to has some buildings not by effect, but in using period within the cases to buildings, and structure and su
35、bsidiary facilities alterations, and renovated, and reconstruction, or who period expires applications continued period Shi, must by will effective of planning implementation.20th On by let people law using of State-owned construction with to right, in this contract agreed of using life expires Qian
36、, transfer people shall not recovered; in special situation Xia, according to social public interests needs ahead of recovered state-owned construction with to right of, transfer people should pursuant to statutory program approval, and according to recovered Shi ground buildings, and structure and
37、subsidiary facilities of value and remaining years period State-owned construction with to right of assessment market prices and the by assessment finds of directly loss give land using who compensation.The fourth chapter Construction of State-owned land use right transfer, lease and mortgageArticle
38、 21st Assignee in accordance with this contract to pay the full price for the State-owned construction land transfer of the right to receive after the State-owned land use permit is entitled to under this contract in whole or partly State-owned construction land use right transfer, lease and mortgag
39、e. First transfer shall conform to the conditions laid down in:(A) in accordance with the contractual investment and development, completion 25% per cent of the total development investment;(B) in accordance with the contractual investment and development was developed industrial land or other condi
40、tions.22nd article Construction of State-owned land use right transfer, lease and mortgage contract shall not be contrary to national laws, regulations and contracts.The 23rd articleAfter the transfer of all or part of State-ownedconstruction land use right, set out in this contract and land registr
41、ation documents of transfer of rights, obligations, life of the right to use State-owned land for construction have been used to the life of the contract, less after years of remaining life.Under this contract, in whole or part State-owned construction land use right after the rental, the rights set
42、 out in the contract and registration of land documents, obligations assumed by the assignee.24th articleConstruction of State-owned land use right transfer,mortgage, parties be held to the contract and the corresponding transfer, mortgage, mortgage contracts and the transfer of State-owned land use
43、 permit, to the managementof land and resources departments to apply for registration with the land change.The fifth chapter The expiration25th articleThe life of the contract expiry, land users shouldcontinue to use the land under the contract shall expire no later than one year before application
44、for renewal submitted to the transferor, except in accordance with public interests needs to recover under this contract, the transferor should be granted.With the expiration of the tenure of housing construction, automatic renewal. Renewal of consent of the transferor, land users should be handled
45、according to the law paid land use procedures, such as selling, leasing, renewal of contract of sale and leasing of land paid usage, payment of paid use of land price, rent of land.26th articleExpiration of land, land use applications for renewal,due to public interests need not be approved, land us
46、ers should be returned to the State-owned land use permit and in accordance with the provisions of the State-owned construction land use right cancellation of registration, recovered by the transferor free of State-owned construction land use right. Grantors and users agree that this contract is und
47、er the buildings, structures and ancillary facilities, according to this articleagree to fulfil:(A) recovered by the transferor on the buildings, structures and their subsidiary facilities, and resumed when the ground residual value of buildings, structures and ancillary facilities, giving users the
48、 appropriate compensation for land;(B) recovered by the transferor free of buildings, structures and ancillary facilities on the ground.The 27th article Expiration of the land, land users have not applied for renewal, land users should be returned to the State-owned land use permit and in accordance
49、 with the provisions of the State-owned construction land use right cancellation of registration, recovered by the transferor free of State-owned construction land use right. Under this contract the buildings, structures and their ancillary facilities, recovered by the transferor free, land users sh
50、ould be kept above ground buildings, structures and ancillary facilities to the normal use of function, not human destruction. Above ground buildings, structures and their subsidiary facilities lose normal use of, the transferee mayrequire land users moving or demolition of buildings, structures and
51、 ancillary facilities on the ground, restoration of site grading.The sixth chapter Force majeure28th article Both parties to the con tract either of part or all of this con tract due to force majeure cannot fulfil, be exempted from liability, but under conditions should be allowed to take all the ne
52、cessary remedial measures to reduce the losses caused by force majeure. Force majeure occurs duri ng late performa nee by the parties, does not have the force of exempti on.The 29th In case of force majeure, in 7 days by force majeure, such as by letter, telegram, fax, written notice to the other pa
53、rty, and to force majeure occurs after 15 days, submit part or all of this con tract to the other party not meeting or need an extension to perform reporting and dem on strate.The seventh chapter Liability for breach ofArticle 30th Assig nee shall, in accorda nee with the con tract, pay the price fo
54、r the State-ow ned con struct ion land tran sfer. Assig nee cannot pay the price for the State-ow ned con struct ion land tran sfer of the right, from the date of delay is satisfied, by delayed payments for daily %o To transfer payment of liquidated damages, deferred payments for more than 60 Today,
55、 by the transferor after the reminders still does not pay the price for the State-owned construction land transfer of the right to, the tran sferor is en titled to resc ind the con tract, assig nees right to claim the retur n of the deposit, tran sferor and assig nee may request payme nt of damages.
56、The 31st By let people due to itself causes terminated the project in vestme nt con structi on, to tran sfer people made termi nated fulfil thiscontract and requests returned land of, transfer people reported by original approved land transfer programme of municipal peoples Government approved Hou,
57、respectively by following agreed, returned except this contract agreed of deposit yiwai of all or part State-owned construction with to right transfer price (regardless of interest), recovered state-owned construction with to right, the cases to range within has built of buildings, and structure and
58、 subsidiary facilities can no compensation, Grantors also may require the assignee to clear the buildings, structures and their ancillary facilities, restoration of site grading; but people are willing to continue to makeuse of transfer within the scope of the construction of buildings, structures and ancillary facilities, assignee should be given some compensation:(A) the assignee in the construction date of this contract expired less than a year ago 60 Day one applicant, transferee after deduction of the deposit back to the assignee had made the price of the State-owned construction l
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