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Notice of the China (Shanghai) Pilot Free Trade Zone on the Examination and Approval of the Assignment of Land through Bid Invitation, Auction and Quotation

en.china-shftz.gov.cn Updated: 2018-07-10

The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.

Operation Basis

Laws: Article 53 of the Land Administration Law of the People’s Republic of China provides for: Whereas a construction project approved needs land owned by the State for construction purposes, the construction unit should file an application with the land administrative department of the people's government at and above the county level with the power of approval on the strength of related documents required by law and administrative decrees. The land administrative department shall examine the application and submit it to the people's government at the same level for approval.

Administrative Regulations: Article 22 of the Regulations on the Implementation of the Land Administration Law of the People’s Republic of China provides: The construction unit shall, by holding relevant approval documents of the construction projects, file a construction land application to the land administration department of the people’s government at the city and county level that is responsible for review and drafting of the plan on supply of land and submitting it to the people’s government at the city and county level for approval; if the people’s government at a higher level is required, it is required to submit it to the people’s government at a higher level for approval. In case of provision of the right to use the State-owned land by means of tendering and auction, the land administration department under the municipal and county people’s government shall, together with relevant departments, draft a plan, and after submission to the municipal and county people’s government, the land administration department under the municipal and county people’s government shall organize the implementation, and sign the contract for compensated use of land with the land users. The land users shall apply for the land registration according to law.

Local Regulations: Article 26 of the Measures of Shanghai for Implementation of the Land Administration Law of the People’s Republic of China sets forth: As for use of existing construction land or use of new construction land as approved by the State Council, in addition to review by the municipal land administration authority and drafting of the land supply plan and submission to the municipal people’s government for review and approval, the land administration authority at the district or county level shall conduct its review and draft a land supply plan and submit it to the people’s government at the district or county level, and put it on record at the municipal land administration authority.

Normative Documents: Notice of the Ministry of Land and Resources on Printing and Issuance of the Regulations on Tendering, Auction and Listed Assignment of Right to Use State-owned Land (trial); Notice of Shanghai People’s Government on Batch Forwarding of Trial Measures for Tendering and Auction of Assignment of Right to Use the Land in Shanghai as Formulated by Four Departments like Municipal Real Estate Resources Bureau

Scope of Application

Applicable for application and acceptance of approval of tendered, auctioned and listed land in this city, and its review and licensing decision, submission and disclosure

Required Materials

 

No.

Description of materials to be submitted

Original/
photocopy

Qty.

Paper/electronic copy

Requirements

1

Application for approval of administrative affairs

Original

1

Database

 

2

Application for matters relating to approval of the land

Original

1

in JPG format

 

3

Report on investigation of house ownership certificate (surveying boundary map attached)

Original

1

in JPG format

 

4

Cadastral map

Original

1

 

 

5

Reply to opinions of 13 required departments solicited

Copy

1

in JPG format

 

6

* Reply to opinions of other management departments solicited

Copy

1

in JPG format

 

 

Application Process

(I) New Handling

1. Acceptance Procedures:

Accepted by the window to verify whether the submitted materials are complete

2. Handling Procedures:

The application for approval of land is handled according to the applicable regulations.

If relevant provisions are complied with, the licensing department may handle it directly and complete it within 20 working days.

Application Location and Contact Information

Room 1713, No. 9 Jilong Road, Pudong New Area, Shanghai

Post Code: 200131

Contact: Song Yuele

Contact Tel.: +86-21-58697735

Fax: +86-21-58697739

Complaint Mode

Mode of Complaint to the Management Committee of the China (Shanghai) Pilot Free Trade Zone

Tel.: +86-21-58697800

Fax: +86-21-58698705

E-mail: ftzts@pudong.gov.cn

Provided by Lawyers Working Committee of Pudong New Area