@@ 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 [1] [2] [3] [4] 下一页
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