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2024-09-04 16:37本頁面
  

【正文】 . Upon approval of the transfer by the people39。 or (7) Other circumstances under which transfer is prohibited by the provisions of laws, administrative rules and regulations. Article 38 Where the landuse right has been obtained by means of granting, transfer of the real estate shall meet the following conditions: (1) Having paid all the fees for the granting of the landuse right as agreed upon in the granting contract and obtained the certificate of the landuse right。 (5) The ownership is under dispute。 (3) The landuse right has been reclaimed in accordance with the law。s government at or above the county level and shall not make a concealed or false report. Article 35 Where real estate is transferred or mortgaged, the party concerned shall register the ownership of the real estate pursuant to the provisions of Chapter V of this Law. Section 2 Transfer of Real EstateArticle 36 Transfer of real estate refers to acts that an obligee of real estate transfers his real estate to another person through sale, donation or other legal means. Article 37 No following real estate shall be transferred: (1) The landuse right has been obtained by means of granting, however, not meeting conditions set forth in Article 38 of this Law。 and (5) Other conditions as provided by laws, administrative rules and regulations. To establish a real estate development enterprise, an application for registration of establishment shall be made to the administrative department for industry and merce. Where conditions specified in this Law are met, the administrative department for industry and merce shall register the establishment and issue a business license. Registration shall not be made, where such conditions are not met. To establish a limited liability pany or a joint stock limited pany engaged in real estate development and operation, relevant provisions of the Company Law shall also be plied with. A real estate development enterprise shall, within one month after obtaining a business license, report its establishment for the record to the department designated by the local people39。 (3) To have registered assets conforming to the regulations of the State Council。 where two years have elapsed and the land is still not developed, the landuse right may be reclaimed without pensation, however, the circumstances wherein the delay in starting the development is caused by force majeure or acts of governments or their departments concerned or by the early preparations necessary for starting the development shall be excepted. Article 26 The design and construction of a project of real estate development must conform to the relevant standards and norm of the State. A pleted project of real estate development may be turned over for use only after it is checked and accepted. Article 27 The landuse right obtained pursuant to the law may, in accordance with the provisions of this Law and relevant laws, administrative rules and regulations, be valued and contributed as shares in developing and operating real estate in the form of joint ventures or contractual joint ventures. Article 28 The State shall adopt preferential measures in aspects such as taxation to encourage and support real estate development enterprises to develop and construct residential houses. Article 29 A real estate development enterprise is an enterprise engaged in real estate development and operation for purpose of profit. To establish a real estate development enterprise, the following conditions shall be met: (1) To have a name and institutional structure of its own。 (3) Land used for projects of energy, munications or water conservancy, etc. which are selectively supported by the State。s government at or above the county level in accordance with the law: (1) Land used for State organs or military purposes。s government of the city or county, conclude an agreement on the modification of the granting contract or conclude a new contract for granting the landuse right and the fees for granting the landuse right shall be accordingly readjusted. Article 18 All the fees for granting the landuse right shall be turned over to the State Treasury and incorporated into the budget so as to be used for the construction of urban infrastructure and for land development. Specific measures for the turning over and use of the fees for granting the landuse right shall be formulated by the State Council. Article 19 Before the term for the use of land specified in the contract for granting the landuse right expires, the State is not to recover the landuse right obtained by the land user in accordance with the law. Under special circumstances as required by public interests, the State may, in accordance with legal procedures, recover the landuse right before the expiration of the term and shall make appropriate pensation based on the number of years of utilization and the actual development of the land by the land user. Article 20 The landuse right shall be terminated with loss of the land. Article 21 Where the term for the use of land specified in the contract for granting the landuse right expires, and the land user needs to continue the use of the land, the land user shall apply for an extension of the term no later than one year ahead of the expiration. Such an application shall be approved except for the land to be reclaimed as required by public interests. Upon approval of the extension, the land user shall enter into a new contract for the granting of the landuse right and pay fees for the granting in accordance with the relevant regulations. Where the term for the use of land specified in the contract for granting the landuse right expires, and the land user has not applied for an extension of the term or his application therefore is not approved in accordance with the provisions in the preceding paragraph, the landuse right shall be reclaimed by the State with
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