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Q&A Regarding China's " Urban Real Estate Administration Law of the People's Republic of China"(2)
Q&A Regarding China's " Urban Real Estate Administration Law of the People's Republic of China"(2)
| Q: |
What does the transfer of land use rights refer to? |
| A: |
The transfer of land use rights refers to the act where the state grants the right to use state-owned land to land users for a certain period of time, and the land users pay the land use rights transfer fees to the state. |
| Q: |
Under what conditions can the right to use land be transferred? |
| A: |
Where collectively-owned land within the urban planning area is lawfully expropriated and converted into state-owned land, the right to use such state-owned land may be transferred for compensation, except as otherwise provided by law. |
| Q: |
What are the ways of land use right transfer? |
| A: |
The transfer of land use rights may be conducted through auctions, tenders or mutual agreements. For commercial, tourism, entertainment and luxury residential land, where conditions permit, auctions or tenders must be adopted. Where there are no conditions and the auction or tendering methods cannot be adopted, the method agreed upon by both parties may be adopted. The land transfer fee for the transfer of land use rights through mutual agreement shall not be lower than the minimum price determined in accordance with national regulations. |
| Q: |
Is it necessary to sign a land use right transfer contract? |
| A: |
The grant of land use rights shall be subject to a written grant contract. The land use right transfer contract shall be signed by the land administrative department of the municipal or county people's government and the land user. |
| Q: |
What does land use right allocation refer to? |
| A: |
The allocation of land use rights refers to the act where the people's government at or above the county level, upon approval in accordance with the law, delivers the land to the land user for use after the land user has paid compensation, resettlement and other fees, or delivers the land use rights to the land user for free. |

