Ministry of Land and Resources, Grant of State-owned Leaseholds by Agreements Provisions

Promulgated: June 11 2003
Effective: August 1 2003

Main contents: The Provisions stipulate that grant of State-owned leaseholds by agreements can only be adopted where it is not required by laws, regulations or rules to grant State-owned leaseholds by invitation for bids, auction or listing (Article 3). Except for land for commercial, tourism, entertainment and commodity premises purposes, grant of leaseholds by agreements can only be adopted if there is only one intentional land user for a block of land (Article 8). The fee for grant of State-owned leaseholds should not be less than the minimum price set by State provisions (Article 4). The change of the use of land, whose leasehold is obtained by means of agreements, to commercial, tourism, entertainment and commodity premises purposes requires the approval of the assignor and relevant government departments (Article 16).
Related legislation: PRC Administration of Urban Real Property Law, Jul 5 1994, CLP 1994 No.8 p23; PRC Land Administration Law (Revised), Aug 29 1998, CLP 1998 No.9 p27 and PRC Land Administration Law Implementing Regulations (Revised), Dec 27 1998, CLP 1999 No.1 p9
Repealed legislation: Determination of the Minimum Price for the Grant of State-owned Land Leaseholds by Agreements Procedures, Jun 28 1995, CLP 1995 No.8 p7