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Measures of Shanghai Municipality on the Compensat
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:11300

 

 @@  Article  19.  Security deposits may be off-set against transfer
charges. If  a  transferee fails to fulfil the transfer contract,
it shall not be entitled  to request the refund of its security
deposit If the Municipal Land Bureau fails to fulfil the transfer
contract, the security deposit shall be refunded two-fold.
  @@  Article  20.  The  transfer  contract  signed between the
Municipal Land Bureau  and  the transferee shall be notarised by
the Shanghai Municipal Notary Office.
 @@  Article  21.  The  transfer charge shall be paid in the
currency stipulated in the transfer contract.
 @@  Article  22.  The  transferee shall pay an annual land use
charge in accordance with the following standards:
 (1)  Renminbi 1,000 yuan for a piece of land with an area of 1,000
square metres or less;
 (2)  Renminbi  1 yuan per square metre for a piece of land with an
area in excess of 1,000 square metres.
 @@  Article 23. If a transferee wishes to alter the nature of usage
of the land or of planning requirements stipulated in the transfer
contract, it shall  apply  first to the Municipal Land Bureau and,
subject to examination and  approval  of  the application by the
Municipal Planning Bureau at the request  of  the Land Bureau, a
supplementary payment of the transfer charge shall  be  made, a
supplementary contract signed and registration procedures shall be
conducted in accordance with the provisions of the Municipal Land
Bureau.
 @@  Article  24.  The  various  application, examination and
approval  procedures   for  any  building  or  other  facility
constructed  on  the transferred  land  shall  be  conducted  in
accordance  with  the relevant provisions  of the urban planning,
construction   administration,   house  property  administration,
communications,  environment  protection,  sanitation,  environment
sanitation,  fire  protection,  etc.  ,  urban  administration
departments of Shanghai Municipality.
  @@  Article  25.  If  a  transferee  fails  to  complete the
construction of building  stipulated  in  the  provisions of the
transfer  contract, the Municipal Land Bureau may impose a fine and
may  even recover the land use rights, depending on the actual
circumstances.
CHAPTER III ASSIGNMENT OF LAND USE RIGHTS
 @@  Article  26.  Land use rights shall not be assigned to another
party if the  construction of buildings stipulated in the transfer
contract is not finished.  The  partial  assignment  of land use
rights shall be subject to approval by the Municipal Land Bureau.
 Any  buildings  on  land which has its land use rights assigned
shall be assigned automatically along with the land.
 @@ Article 27. Methods of land use right assignment shall include
gift, sale and exchange.
 @@  Article  28.  If a transferee sells a completed building, the
land use right for the land on which it stands (including the
grounds of the building and the enclosing wall) shall be transferred
simultaneously. If a building  is  partly  assigned,  the various
owners of the building shall be entitled to a proportionate percentage
of the land use rights, but the land use rights for the land as
occupied by the building as a whole shall not be divided.
 If  a  building is split-up for sale, the seller shall determine in
advance the  proportion  of  land use rights for each purchaser and
shall prepare an agreement  on  matters concerning administration
and  maintenance  of  the  building  in  accordance  with  the
provisions of the Municipal Real Estate Bureau.
 The  advance sale of buildings shall be subject to approval by the
Municipal Real Estate Bureau.
 @@  Article  29. When land use rights are assigned or inherited, the
rights, obligations and responsibilities stipulated in the transfer
contract and registered in the registration documents shall also be
transferred.
 @@  Article 30. The assignment of land use rights may be conducted
within China  or  abroad.  Those countries and regions, however,
which have not established diplomatic relations with or a commercial
representative office in  the  People's republic of China shall be
excluded. If an assignment is conducted outside Chinese territory,
certificates  of  notarisation  and attestation  shall be obtained
from the notary and diplomatic organs of the country or region and a
certificate of attestation shall be obtained from the diplomatic or
consular mission or commercial representative office of the People's
Republic  of  China.  If an assignment is conducted within Chinese
territory,  certificates of notarisation shall be obtained from the
Shanghai  Municipal Notary Office or 

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