SMPG D [2020] No.7

 

Attention: all district people’s governments, commissions, offices and bureaus of the Municipal People’s Government:

Now we are issuing the Procedures of Shanghai Municipality for the Administration of Land Transaction Market to you, and you are required to implement them conscientiously.

Procedures of Shanghai Municipality for the Administration of Land Transaction Market (SMPG G [2008] No. 14) issued by the Municipal People’s Government in February 2008 shall be repealed at the same time.

 

Procedures of Shanghai Municipality for the Administration of

Land Transaction Market

 

Article 1 (Purpose and Basis)

With a view to standardizing the use right transaction of the construction land, optimizing the allocation of land resources, realizing the high-quality use of land, and promoting the construction of a clean government, these Procedures are formulated in accordance with the Land Administration Law of the People's Republic of China, the Urban Real Estate Administration Law of the People's Republic of China, etc., and in the light of the actual circumstances of this Municipality,

Article 2 (Definition and Principle)

The term “land transaction market” as mentioned in these Procedures refers to the fixed places established with the approval of the Municipal People’s Government to collect and publish land transaction information, openly carry out land transaction activities and handle land transaction affairs.

The land transaction in this Municipality shall follow the principles of openness, fairness and justice, and create the environments for land transaction markets which are unified and open, of orderly competition, honest and law-abiding.

Article 3 (Administrative Department and Undertaking Agency)

The Municipal Bureau of Planning and Natural Resources shall be responsible for organizing, implementing, supervising and administering the land transaction activities.

The district planning and natural resources bureaus shall implement relevant administrative work in accordance with the provisions of these Procedures.

The Municipal Land Transaction Affairs Centre is the undertaking department of this Municipality's land transaction markets and shall, in accordance with the provisions of these Procedures, specifically carry out land transaction activities.

Article 4 (Responsibility of the Municipal Land Transaction Affairs Centre)

The Municipal Land Transaction Affairs Centre shall perform the following responsibilities:

1. providing special places for land transaction activities, and provide service places for land transaction agents, information consulting and other intermediary agencies;

2. collecting and releasing the land transaction information of this Municipality;

3. accepting the entrustment, organizing and carrying out land transaction activities; and

4. engaging in other affairs related to land transaction.

Article 5 (Business Disclosure)

The Municipal Land Transaction Affairs Centre shall publish the land transaction rules, operation procedures, service contents, work rules and supervision measures in the land transaction markets and relevant websites for social supervision.

Article 6 (Bid Evaluation Expert Management)

The Municipal Bureau of Planning and Natural Resources shall establish a database of evaluation experts for land bidding. Before carrying out the bidding activities for the use rights of the construction land, the bid evaluation experts shall be randomly selected under the notarization of the notary offices.

Article 7 (Scope of Transaction in the Land Transaction Market)

The following use right transactions of the construction land shall be conducted in the land transaction markets:

1. transferring and leasing the use rights of the state-owned construction land and the use rights of the collectively operated construction land;

2. split transferring the use rights of the state-owned construction land developed in large tracts by the development zones;

3. other transactions of the use rights of the construction land in the land transaction markets in accordance with the provisions of laws and rules; and

4. the transaction of the use rights of the construction land stipulated to be made in the land transaction markets by the contracts.

For the transfer of the use rights of the construction land other than those mentioned in the preceding paragraph, the use right holders of the construction land may entrust the Municipal Land Transaction Affairs Centre to conduct transactions in the land transaction markets.

Article 8 (Disclosure of Land Transaction Information)

The Municipal Land Transaction Affairs Centre shall publish the following information in the land transaction markets:

1. announcement of the bidding, auction and listing for transfer and lease as well as the publicity of the trading results of the transfer and lease of the use rights of the state-owned construction land and the use rights of the collectively operated construction land;

2. announcement of the bidding, auction and listing as well as the publicity of the trading results of the split transfer of the use rights of the state-owned construction land developed in large tracts by the development zones;

3. announcement of the transfer and trading results of the use rights of other construction land in the land transaction markets in accordance with the provisions of laws and rules;

4. announcement of the transfer and trading results of the use rights of the construction land stipulated to be made in the land transaction markets by the contracts;

5. announcement of the use right land supply as well as the publicity of the trading results of the state-owned construction land and the collectively operated construction land that could be transferred and leased by agreements;

6. announcement of the transfer and trading results of the construction land entrusted by the users to the Municipal Land Transaction Affairs Centre for transaction in the land transaction markets; and

7. other land transaction information to be disclosed.

The information in Items 1 to 7 of the preceding paragraph shall also be disclosed to the public via China Land Market Network, Shanghai Municipal Bureau of Planning and Natural Resources Network and Shanghai Land Market Network.

Article 9 (Rules for Bidding, Auction, Listing for Transfer and Lease of the Use right of the State-owned Construction Land)

Where the use rights of the state-owned construction land shall be transferred or leased by way of bidding, auction and listing according to law, the Municipal Land Transaction Affairs Centre shall organize the bidding, auction and listing for transaction in accordance with the rules of the State and this Municipality on the transfer and leasing of the use rights of the state-owned construction land.

After bidding, auction and listing for transaction, the winning bidders and the winners shall, in accordance with the requirements of the letter of acceptance or the transaction confirmation, sign contracts for the transfer or lease of the use rights of the state-owned construction land with the land administration departments, pay the fees or rents for the transfer of the use rights of the state-owned construction land, apply for real estate registration according to law, and obtain the use rights of the state-owned construction land.

Article 10 (Transaction Rules for Agreement Transfer and Lease of the Use right of the State-owned Construction Land)

After the land supply announcement of the transfer and lease of the use rights of the state-owned construction land other than the land for industrial, R & D headquarters and the land for commerce, finance, tourism, entertainment, service industry, commercial housing and other profit-oriented land is issued, if there is only one applicant for the land at the expiration of the application period, the land administration department shall sign a letter of intent for the use right transfer and lease of the state-owned construction land with the applicant in accordance with the agreement transfer rules. The letter of intent or the lease for the use right transfer shall be publicized in the land transaction market. After the expiration of the publicity period, if a contract for the transfer or lease of the use rights of the state-owned construction land is signed, the trading results shall be publicized on the land market network.

If there are more than two applicants for land use, the Municipal Land Transaction Affairs Centre shall organize the activities of bidding, auction and listing for transaction in accordance with the provisions of Article 9 of these Procedures.

Article 11 (Rules on Bidding, Auction, Listing for Transaction, Agreement Transfer and Lease of the Use Right of the Collectively Operated Construction Land)

The rules governing the bidding, auction and listing for transaction, the agreement transfer and lease of the use rights of the collectively operated construction land shall be carried out with reference to the state-owned construction land for similar purposes.

Article 12 (Transaction Rules for the Split Transfer of the Use right of the State-owned Construction Land Developed in Batches)

The split transfer of the use rights of the following state-owned construction land developed in batches in the development zones shall be transferred by means of bidding, auction and listing for transaction:

1. the land for industrial, R & D headquarters and the profit oriented land for commerce, tourism, entertainment and commercial housing; and

2. the same land with more than two intended users except for the land for industrial, R & D headquarters and the profit-oriented land.

After bidding, auction and listing for transaction, the winning bidders or the winners shall, in accordance with the requirements of the letter of acceptance or the transaction confirmation, sign contracts for the transfer of the use rights of the state-owned construction land and supervision agreements for the transfer with the original owners of the use rights of the state-owned construction land, apply for the real estate registration according to law, and obtain the use rights of the state-owned construction land.

Article 13 (Rules of the Use right Transfer of Other Construction Land)

Where the use right transaction of the construction land is conducted in the land transaction markets in accordance with the provisions of Item 3 and 4 of Paragraph 1 of Article 7 of these Procedures and the Municipal Land Transaction Affairs Centre is entrusted to transfer the use rights of the construction land in accordance with the provisions of Item 2 of Article 7 of these Procedures, the use right holders of the construction land may conduct the transaction in an open manner via the Municipal Land Transaction Affairs Centre in accordance with the relevant provisions.

After the Municipal Land Transaction Affairs Centre organizes the open transaction, the winning bidders or the winners shall, in accordance with the requirements of the letter of acceptance or the transaction confirmation, sign contracts for the transfer of the use rights of the construction land with the original use right owners of the construction land, apply for the real estate registration according to law, and obtain the use rights of the construction land.

Article 14 (Complaint and Report)

The Municipal Bureau of Planning and Natural Resources shall set up complaint and report channels in Shanghai land transaction markets, and make public the channels, time, place and method of complaint and report to the public, so as to accept the complaints and reports of citizens, legal persons and other organizations on violations of discipline and regulations in land transaction.

Those violating the legal provisions in the land transaction shall bear the relevant legal liabilities according to law.

Article 15 (Integrity Management)

According to the requirements of establishing and improving the credit systems, according to the dynamic credit status of the market subject classification, via the credit information file and transaction sharing mechanisms, the dishonest subjects are restricted or prohibited to participate in the use right transaction of the construction land in this Municipality directly or indirectly according to the law, the supervision of the market subjects is to be strengthened, the credit system construction of the land transaction markets is to be promoted, and the fair and honest market environment is to be built.

Article 16 (Legal Liability)

If the staff of the municipal and district planning and natural resources bureaus and the staff of the Municipal Land Transaction Affairs Centre accept bribes, engage in malpractices for personal gain, disclose secrets, neglect their duties and abuse their power in the process of land transaction, the units to which they belong shall impose on them administrative sanctions or the relevant supervisory organs shall impose on them administrative sanctions; if crimes are constituted, criminal responsibilities shall be investigated according to law.

If the intermediary service units and their staff violate the relevant laws, rules, business management rules, confidentiality agreements and other provisions in the process of land transaction, the municipal or district planning and natural resources bureaus or the Municipal Land Transaction Affairs Centre shall deal with them according to the relevant service agreements; if losses are caused, they shall be recovered according to law; if crimes are constituted, criminal responsibilities shall be investigated according to law.

The intermediary service units mentioned in these Procedures refer to the individuals, institutions or organizations that provide relevant professional services for the land transaction markets, including banks, notary offices, bid evaluation experts, hosts, consulting institutions and relevant industry organizations.

Article 17 (Formulating Business Rules)

The Municipal Bureau of Planning and Natural Resources shall, in accordance with these Procedures, formulate the business rules for the use right transaction of the construction land on the market.

Article 18 (Implementation Date) 

These Procedures shall be effective as of May 1, 2020 and be valid until April 30, 2030.