In order to further improve the differentiated land supply system, promote the economical and intensive use of land, and reduce the cost of land use by enterprises, Hainan Province has issued detailed rules for the management of industrial land use after rent.
According to the official WeChat message of the Department of Natural Resources and Planning of Hainan Province, on November 30, the Department of Natural Resources and Planning of Hainan Province issued the The “Administrative Implementation Rules” clearly states that the city and county governments can use the method of renting first and then letting go to provide land for industrial projects that meet the requirements. The lease term is generally 5 years, and the maximum is no more than 10 years.
The term “rent before transfer” mentioned here means that the land transferor sets a certain period of lease for the project land, and determines the land use right holder in accordance with public procedures. Land use rights holders carry out development and construction and industrial operations, and when the lease term expires and reaches the access agreement to continue to perform the conditions, the land supply method shall be used for land use procedures in accordance with the agreement transfer method.
This “Implementation Rules” clarifies the scope of application, land supply period, land supply price, land supply procedures, assessment and evaluation requirements.
Regarding the scope of application of rent-before transfer, the “Implementation Rules” pointed out that the people’s government of cities and counties can adopt the method of rent-before-transfer to meet the requirements of the state and Hainan Province’s industrial policies The land supply for various industrial projects does not include commercial residential projects.
Regarding the land supply period and price of first lease and then lease, the lease period of lease first and then lease is generally 5 years, and the maximum is no more than 10 years, and subsequent transfers The sum of the years shall not exceed the legal maximum transfer period of the land use. The total price of land for renting first and then supplying land shall be determined in accordance with the land transaction price of publicly traded land through bidding, auction and listing. The annual rent is determined not less than 5% of the total land price, and the agreed transfer price payable when the lease is transferred is equal to the total land price minus the paid rent.
For the land supply procedure of renting first and then letting go, the “Implementation Rules” pointed out that the city and county natural resources and planning authorities will work with relevant departments to formulate a land supply plan and report for approval After approval by the people’s government of the right, the municipal and county natural resources and planning authorities will lease the land to the land-use right holder through bidding, auction, listing, etc., and the relevant department and the land-use right holder will sign the “Industrial Project Development and Land Use Standards” Entry Agreement”; upon expiration of the lease term, the city and county people’s government organizes the assessment and evaluation to meet the conditions of contract performance, go through the land use approval and land registration procedures in accordance with the agreement transfer method.
For the assessment and evaluation of rent-before-transfer, the land-use right holder shall submit an application for assessment and evaluation 6 months before the expiration of the lease.The people’s governments of cities and counties that have signed the access agreement or relevant parks and industry authorities shall conduct assessment and evaluation on the implementation of the access agreement. Those who pass the assessment and evaluation shall sign a land transfer contract with the land-use right holder; those who fail the assessment and evaluation shall be rectified within a time limit, and the rectification period shall not exceed one year. If the assessment and evaluation is still unqualified after the expiration of the rectification period, it shall not go through the procedures for the agreement to transfer the land. The people’s government of the city and county may recover the land use rights according to the contract, dispose of the buildings, structures and other ancillary facilities on the ground, and pursue liability for breach of contract.