A certain army has 1 14 mu of army idle land in a certain city, which will be transferred to a real estate development company for real estate development and construction in June 2008. As the state stipulates that all operating land will be sold by bidding, auction and hanging, the real estate company specially consulted the local land and resources management department on the special land use for military land transfer.
Q: 1. Can the army idle land be used for real estate development and construction?
2. If the army's idle land can be used for real estate development and construction, how to go through the relevant procedures?
analyse
This problem mainly involves the circulation of idle land in the army.
First, whether the army idle land can be transferred for real estate development and construction.
Military land is military land, which is an important material basis to ensure the combat readiness, training, work and life of troops. For a long time, it was mainly obtained by distribution. As an important part of national defense facilities, military land is planned and deployed in a unified way, and its property right belongs to the army and is managed by the military real estate management department.
The army is streamlined and reorganized, and some spare land can be adjusted after downsizing. The rational development and utilization of these idle military land is not only conducive to the rational utilization and optimal allocation of land resources, alleviating the contradiction between supply and demand of urban land, but also conducive to increasing the income of the army and reducing the burden on the country. There is no law prohibiting the use of idle land of the army for real estate development and construction.
In recent years, with the continuous improvement of land market allocation level, the number of idle land transfer projects in the army has increased rapidly, which has played a positive role in improving land utilization and saving intensive land. However, there are also some outstanding problems in the transfer of army idle land. After the promulgation of "Urban Real Estate Management Law" and a series of policies on bidding, auction and listing of operating land use rights, there is a gap between the original military land transfer method and a series of laws and regulations on the transfer of state-owned construction land. In the process of using the army idle land for real estate development and construction, there have been some cases of transferring the army idle land at low prices, resulting in the loss of state-owned assets.
Second, how to handle the transfer of idle land in the army.
The transfer of army idle land often takes the form of agreement. Land transfer is not included in the annual land supply plan, the transfer methods and procedures are not standardized, and the information disclosure is not sufficient, so it is difficult for the land and resources management department to implement effective supervision. Especially in 2002, the Ministry of Land and Resources promulgated the Provisions on the Transfer of State-owned Land Use Rights by Bidding, Auction and Listing (OrderNo. 102 of 2002). Ministry of Land and Resources 1 1, hereinafter referred to as DecreeNo.. 1 1), requiring all kinds of commercial land such as commerce, tourism, entertainment and commercial housing to be tendered and auctioned, or on March 3, 20041,the Ministry of Land and Resources and the Ministry of Supervision jointly issued the Notice on Continuing the Law Enforcement and Supervision of Transferring the Right to Use Commercial Land by Bidding, Auction and Listing (Guo Tu Zi Fa [2004] 7/kloc
The Property Law, which was passed at the Fifth Session of the Tenth National People's Congress and came into effect on June 5438+1 October12007, not only upgraded the policy and provisions of bidding, auction and listing for the transfer of industrial land into a legal system, but also required that if there are more than two intended land for business purposes such as industry, commerce, tourism, entertainment and commercial housing, public bidding and auction should be adopted. Transferring operating land by bidding, auction and listing is not only a clear provision of the law, but also a disciplinary requirement of the CPC Central Committee, the State Council and the Central Commission for Discipline Inspection. In recent years, the plenary session of the Central Commission for Discipline Inspection and the the State Council Clean Government Work Conference have taken the bidding, auction and listing of business land as the focus of strengthening clean government construction and preventing corruption in the field of land leasing from the source.
1993 The Ministry of Finance, the State Bureau of Land Management, and the General Logistics Department jointly issued the Notice on the Approval and Transfer Procedures for the Paid Transfer of Idle Military Land by the Army and the Distribution of Land Income from the Transfer in order to strengthen the management of the transfer of military land to civilian land and standardize the land transfer behavior. On June 365438+1October 3 1 day, 2007, the Ministry of Land and Resources, the Ministry of Finance and the General Logistics Department of the People's Liberation Army jointly issued the Notice on Strengthening the Management of Idle Land Circulation in the Army (No.29 [2007] of the Ministry of Land and Resources), requiring that the idle land circulation in the army must follow the road of market allocation.
In the future, the following regulations must be observed when using the army's idle land for real estate development and construction: ① The land must be included in the annual land supply plan of that year. The transfer of military land shall be submitted by the military land unit, and after being approved by the General Logistics Department of the People's Liberation Army, it shall be incorporated into the army idle land transfer plan, and copied to the provincial land and resources management department and the people's government of the city or county where the land is located. The people's government of the city or county shall give priority to the local annual land supply plan. Land not included in the military reserve land transfer plan and the local annual land supply plan shall not be transferred. (2) the highest price. After being approved according to law, the land area, use, planning conditions, transfer methods and other information of the army idle land that can be transferred according to law will be published in the local tangible land market and China land market network and other related media. Units or individuals that need to use land can participate in the bidding, auction and listing activities organized by the land and resources management department or the public transfer activities organized by the army itself, make an offer for the land to be transferred, sign a contract for transferring the right to use state-owned land in accordance with the principle of the highest bidder, pay the land transfer fee, and obtain the right to use state-owned land. ③ Accept the supervision of local functional departments. After the legally acquired Kugaji is transferred, it will no longer be used as military land and will be supervised by the functional department where the land is located. Land users must develop and utilize land in accordance with the transfer documents and the contract for the transfer of state-owned land use rights, and shall not change land use conditions such as land use and plot ratio without authorization. If the land use conditions are changed, the land price difference of different uses and plot ratio shall be paid in accordance with the contract for transferring the right to use state-owned land, and the land use right shall be recovered according to law.