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Interim Procedures of Tianjin Municipality for the
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:9054

 

  @@  Article  21.  If the lessee wishes to change in the uses of
the land stipulated  in  the contract, he shall seek approval by the
city land bureau and the city planning bureau, and if succeed, renew
the lease contract in accordance with these Procedures,readjust the
lease prices, and perform the formalities of registration again.
CHAPTER III SUBLEASING OF LAND-USE RIGHTS
 @@  Article  22. Subleasing of land-use rights denotes an act of
further transference  of  land-use rights by a leaseholder to a
sublessee, including a sale, exchange or donation.
 The leaseholder in this case is referred to as sublessor and the
party receiving the sublease is referred to as sublessee.
 @@  Article  23. A land sublease shall be effected by signing a
contract.
 @@ Article  24. The rights and obligations specified in the land
lease contract and registration document are transferred with the
sublease.
 Article  25.  The  actual term of a sublease shall equal to the
original lease  term  minus  the years in which the land having
been used by the sublessor.
 @@  Article  26.  Subleasing  of land shall not be made under
following conditions:
 1.  No investment has been made in the development and utilization
of the land  within  the stipulated period of time and according to
conditions laid down in the contract;
 2.  The user of allotted land has not made up the procedures for the
leasing of  the  land  and  the  payment  of  lease  price  in
accordance with these Procedures.
 3.  No  certificates  have been acquired according to law for the
land-use rights  and  property  rights  to  the buildings and
other attached installations on the ground;
 4.  Land-use  rights  and property rights to buildings and other
attached installations on the ground are uncertain or in dispute;
 5. The city people's government deems it unsuitable for the land
to be subleased.
 @@  Article  27. Buildings and other attached installations on the
ground are transferred with the sublease of the land or with the
sublease of property  rights  of  the buildings and other attached
installations on the land, the use right of the land underneath
shall also be transferred, except in sublease of chattels.
 @@  Article  28.  The owners of units in a building shall have a
proportion of  rights  to the use of the land which can be subleased
with a sublease of the  units.  But  the right to the use of land
occupied by the same building are indivisible.
 @@  Article  29. When the value of the land increases at the time
of its sublease, the sublessor shall pay added value of the land
according to stipulations  of the city people's government. The city
estate bureau is in charge of collecting added value of lands.
@@ Article 30. Procedures for land subleasing are:
 1.  The  sublessor  shall apply, with the legal lease contract, the
land-use certificate  and  certificates of property rights to the
buildings and other attached installations on the ground or other
relevant  documents  of certification,  to the city estate bureau
for the sublease which shall be examined  and  approved by the
bureau  in  conjunction  with  the  land administration and other
relevant offices;
 2. The city estate bureau, acting in conjunction with the city
land, finance, price and other offices concerned, shall then make a
land price appraisal;
 3. The two parties to the sublease shall sign a contract on the
sublease;
 4.  The  two parties to the sublease shall, within 30 days of their
signing the  sublease contract, go to change the certificate of
land-use at the city land bureau and the property rights certificate
of the buildings and other attached installations at the estate bureau
with the sublease contract.
 The  contracting  parties  can  also  entrust their proxies with
legitimate letters of entrustment to complete the aforesaid procedures.
 @@  Article  31.  After  a  sublease  of the land-use rights, a
request for changes  in the conditions and uses of land stipulated in
the lease contract is to be handled according to regulations of Article
21 of these Procedures.
CHAPTER  IV RENTING OF LAND-USE RIGHTS
 @@  Article  32. Renting of land-use rights denotes the renting
out  of land-use  right  with  the buildings and other attached
installations on the ground by the owner to a tenant to collect a
certain amount of rental.
 The  use-rights  to  the  land shall not be rented out in case no
investment has  been  made in the development and utilization of the
land before a set time limit or in accordance with stipulations of the
lease contract.
 @@  Article  33. The renter and the tenant should sign a rental
contract  on the  re

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