(Promulgated by Dalian Municipal People's Government on July 23,
1996 in document No. 69; amended in accordance with Decisions
of Dalian Municipal People's Government on Amending Some Municipal
Government Rules on March 10, 2003)
Article 1
In accordance with relevant laws, regulations and policies of
the state, and in combination with the actual circumstances in
Dalian municipality, the provisions are formulated with a view
to reinforcing the administration of land used for development
and construction in the city area, and developing and utilizing
land resources rationally.
Article 2
The provisions shall apply to the units and individuals that utilize
state-owned land for development and construction within the administrative
areas of Zhongshan district, Xigang district, Shahekou district
and Ganjingzi district in Dalian municipality (as ¡ãin
the city area").
Article 3
The leading group for real estate development and management of
Dalian municipality (hereinafter referred to as ¡ãleading
group") shall be responsible in a unified way for examination
and approval of land used for development and construction in
the city area. The real estate development and management office
of Dalian Municipality (hereinafter referred to as ¡ãmunicipal
development office") shall be responsible for specific daily
management work.
Article 4
Units and individuals that use state-owned land in the city area
shall acquire land-use right according to law, and they may carry
out development and construction only after obtaining certificate
of land-use right.
Article 5
Units and individuals that utilize collectively-owned land for
developing real estate or initiating joint venture or cooperative
venture in the city area shall, according to provisions, go to
the land planning department for conducting land expropriation
formalities; and in addition, according to provisions on the use
with compensation, may use the land only after obtaining certificate
for state-owned land use.
Article 6
Units and individuals that acquire land-use right according to
law shall, according to the use of land provided for by relevant
certificates of confirming land-use right, use and protect the
land. Changing the use of land without approval shall be taken
as illegal use of land.
Article 7
Units and individuals that acquire land-use right by granting
shall, according to the use of land and planning scheme provided
by granting contract, use the land. Changing the use of land and
planning scheme is subject to the approval of the leading group.
Article 8
Units and individuals that acquire land-use right by allotment,
when in need of changing the use of land, shall be subject to
the approval of the leading group, and pay the relevant fees according
to the following provisions:(1) When utilizing allotted land for
joint development and construction, the parties concerned shall
go through formalities for granting of land-use right, and pay
the fees for granting of land-use right according to the provisions;(2)
When transforming land for production into operational land, the
parties concerned shall pay the land price according to the provisions.
Proper reduction and exemption is allowed with the approval of
the leading group under special circumstances.(3) When utilizing
the original factory buildings (structures) to set up joint venture,
cooperative venture, grafting enterprises and internally-joint
enterprises, the parties concerned shall pay the amount of land
price according to the provisions.
Article 9
When the right to the use of allotted land is transferred together
with the ownership of buildings and other fixtures on the land
concurrently, units and individuals that acquire land-use right
by allotment shall, subject to the examination and approval of
the transferred projects by the leading group, go to the real
estate and land planning departments for conducting formalities
for transferring ownership of real estate and the right to land
use.
Article 10
When the units and individuals that acquire land-use right by
allotment sell the buildings and structures such as houses on
the land (including public housing, unit self-administered housing
and private housing), the parties concerned shall acquire land-use
right by granting, and pay the fees for granting of land-use right,
or the amount of land proceeds according to the provisions.
Article 11
With regard to payment of the fees for granting of land-use right
for transfer of the right to the allotted land use, as well as
above-ground buildings and other fixtures, it shall be handled
in accordance with the following procedures:
(1) The transfer parties sign a written transfer contract;
(2) The transfer parties shall, within 15 days from signing of
the transfer contract, apply to the municipal development office
together with such documents as real estate ownership certificate,
legal proof of the parties and the transfer contract, and declare
the business price;
(3) The municipal development office shall examine the relevant
documents provided by the transfer parties, and when necessary,
make spot inspection and land price appraisal for the transferred
land-use right;
(4) The municipal development office shall report the transfer
project to the leading group for examination and approval;
(5) The transfer parties shall pay the amount of land price and
relevant tax according to the provisions;
(6) The transfer parties shall go through registration formalities
for change of real estate ownership according to the provisions.
The procedures on the payment of the amount of land proceeds for
transfer of the right to the allotted land use, as well as above-ground
buildings and other fixtures shall be formulated separately by
the municipal people's government.
Article 12
With regard to merger of enterprises, the merger shall acquire
the original land-use right of the merged enterprise according
to law.The merger that utilizes the land of the merged enterprise
for development and construction or changes the original land
use of the merged enterprise shall go through the relevant formalities
according to the provisions on the administration of state-owned
land transactions.
Article 13
The municipal development office shall organize to collect fees
for granting of land-use right, and the designated department
of the municipal government shall organize to collect the amount
of land proceeds; both fees shall be fully turned in to the public
finance.The fees for granting of land and the amount of land proceeds
shall be used for city construction according to the use plan
issued by the municipal government.
Article 14
Those who violate the provisions, such as using the land or changing
the use of land without approval, or transferring the right to
the use of allotted-land without authorization, shall be punished
by the competent authorities in accordance with the relevant provisions
of national laws and regulations.
Article 15.
Units and individuals that utilize the state-owned land to engage
in nonagricultural constructions (including utilizing collectively-owned
land to develop real estate and initiate joint ventures and cooperative
ventures) and acquire real estate through transfer after September
2, 1992, shall make registration of housing ownership and land-use
right according to provisions. For those who acquire real estate
without approval by the leading group, the agency responsible
for registration shall deny conducting registration and license-issuing
formalities for them.
Article 16
Upon implementation of Procedures of Dalian Municipality on the
Administration of Granting and Transfer of the Right to the State-owned
Land Use on September 2, 1992, those who use land for development
and construction without conducting approval formalities shall
go through the formalities again. The time limit for the above
formalities is 3 months, calculated from the date of entry into
force of the provisions.
Article 17
The people'ss governments of county (county-level municipality),
district may refer to the provisions to formulate the administration
procedures.
Article 18
The provisions go into effect on the date of promulgation.