Latest Regulations Relating to the Provisions on Grant of State-owned Construction Leaseholds
The Provisions further regulates the regime over the increasingly popular construction leasehold granting through bidding, auction or listing.
<修订>更新了<物权法>有关招标,拍卖或者挂牌的规定及详细程序,澄清了国有建设用地使用权。
Date:
December 2007
Promulgated: 28 September 2007
Effective: 01 November 2007
Keywords (click to search): [State owned construction leaseholds] [government land] [PRC land ownership] [land use in China] [land use rights] [real property rights] [Chinese real estate] [land bidding] [land auction]
By Guillaume Rougier-Brierre and Zhou Bi Qing of Gide Loyrette Nouel
In August 2006, Decision No. 31 was adopted by the State Council. Aimed at strengthening the control of land for specified usage the legislation imposed mandatory bidding, auction or listing procedures on land use rights for industrial use. Prior to this, such mandatory procedures merely applied to the granting of land use rights for commercial, entertainment, tourism and residential purposes only under Decree No. 11. The introduction of land for industrial use into the bidding, auction and listing system was further reinforced when the National People's Congress passed the Property Law which came into force on October 1 2007.
Accordingly, Decree No. 11 was amended to reflect both changed provisions for bidding, auction and listing, and other newly-adopted concepts, in the Property Law. This was achieved through the promulgation of Decree No. 39 by the Ministry of Land and...
To continue reading this article, you must be a subscriber.
The rest of this article is available to subscribers only. Subscribe now to continue reading this article and to have full access to all other articles and full-text translations.