How to write the land sales contract?
Article 1 Both parties to this contract:
Transferors: * * People's Republic of China (PRC) and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A); Legal address _ _ _ _ _; Postal code _ _ _ _; Legal Representative: Name _ _ _ _; Work _ _ _.
Transferee: _ _ _ (hereinafter referred to as Party B); Legal address _ _ _ _; Postal code _ _ _ _; Legal Representative: Name _ _; Work _ _.
In accordance with the Provisional Regulations of the People's Republic of China on Assignment and Transfer of the Use Right of Urban State-owned Land, the Interim Measures for the Administration of Foreign Investment in the Development and Operation of Pieces and the relevant provisions of the state, the two parties entered into this contract through friendly negotiation on the principle of equality, voluntariness and compensation.
Article 2 The ownership of the land used by Party A under this contract belongs to People's Republic of China (PRC). Underground resources, buried objects and municipal public facilities are not within the scope of land use right transfer.
Article 3 The land use right transferred by Party B under this contract can be transferred, leased, mortgaged or used for other economic activities within the service life, and its legitimate rights and interests are protected by national laws. However, activities that are not allowed by the laws of People's Republic of China (PRC) shall not be carried out. Party B also has the obligation to develop, utilize and protect the land reasonably according to law.
Relevant regulations on land transfer
1. According to the second paragraph of Article 1 of the Land Management Law of the People's Republic of China, land is owned by the state and collectively, and it is forbidden for any unit or individual to buy or sell it, but at the same time it is stipulated that the land use right can be transferred according to law.
2. There are two kinds of state-owned land: state-owned land transfer and state-owned land allocation. State-owned allocated land use rights cannot be freely transferred through listing. The right to use state-owned leased land can be freely transferred through listing. I would like to remind you that the land in our country belongs to the state and the collective, and no unit or individual may buy, sell or transfer the land ownership in other forms (the Land Law clearly stipulates). Usually, buying and selling state-owned land refers to the paid transfer of land use rights, not land ownership. Generally speaking, land use rights range from 30 years, 40 years, 50 years and 70 years.
3. It is forbidden for any unit or individual to buy or sell collectively owned land. The right to use collectively owned land is generally limited to villagers in the village. As the legally approved right to use private houses, village-run enterprises and agricultural production, the land contracted by villagers can be subcontracted according to law and generally used for agricultural production (it cannot be changed to non-agricultural construction without permission).
4. To sum up: natural persons can hold land use rights, not ownership; Land sales are illegal, have illegal risks, and are not protected by law; At present, if there is a dispute between the two parties, the court will rule that the contract is invalid.