Ministry of Land and Resources, Provisions for the Granting of State-owned Construction Leaseholds by way of an Invitation for Bids, Auction or Listing on a Land Exchange (Amended)

国土资源部招标拍卖挂牌出让国有建设用地使用权规定 (修订)

November 30, 2007 | BY

clpstaff &clp articles &

Provisions on State-owned construction leaseholds amended to curb developers from stocking up land.

Clp Reference: 4100/07.09.28 Promulgated: 2007-09-28 Effective: 2007-11-01

Promulgated: September 28 2007
Effective: November 1 2007

Main Contents: According to the amended Provisions, business-type land, such as industrial land, commercial land, land for tourism uses, land for entertainment purposes and land for commodity residential premises, as well as lots that have more than one party intending to use them shall be granted by way of an invitation for bids, auction or listing on a land exchange (Article 4). The amended Provisions also states that a state-owned construction leasehold certificate may not be issued if the land grant premium is not paid in full in accordance with the grant contract, nor may a state-owned construction leasehold certificate be issued for a portion of the leasehold proportional to the grant premium paid (Article 23).

Related Legislation: PRC Property Law, Mar 16 2007, CLP 2007 No.4 p.31; PRC Land Administration Law (Revised), Aug 29 1998, CLP 1998 No.9 p.27; PRC Administration of Urban Real Property Law, Jul 5 1994, CLP 1994 No.8 p23; and Implementing Regulations for the PRC Land Administration Law (Revised), Dec 27 1998, CLP 1999 No.1 p.9

clp reference:4100/07.09.28promulgated:2007-09-28effective:2007-11-01

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]