1. What is the scope of land use right allocation?
The scope of land use right allocation includes:
1. The land used by state organs refers to some state power organs, administrative organs, judicial organs and procuratorial organs exercising state functions, and is the general name of these organs.
The second is military land. For example, some places where troops are stationed or land for military facilities.
Third, urban infrastructure land such as water supply, power supply, communication, greening, fire protection and safety facilities must be allocated land use rights.
The fourth is the land for urban public welfare undertakings. Public welfare mainly refers to some schools, hospitals, libraries, cultural centers, cinemas and so on.
Fifth, the land occupied by some key projects supported by the state, such as coal, oil and natural gas, some energy projects encouraged by various preferential policies of the state, transportation projects such as railways, docks and airports, and water conservancy projects such as reservoirs and dams, are all key projects supported by the state.
It should be noted that the above-mentioned land use rights can only be allocated when the need is determined. However, for profitable projects that some countries do not invest in, it is not necessary to determine the situation. In this case, the land use right cannot be provided by allocation, but by transfer.
Two, for all the state-owned land that has not been sold in China, except for two special types of land, it belongs to the allocated land.
One is urban private residential land. The owner of a private house has the right to use the land occupied by the house indefinitely. It means that as long as the owner has the ownership of the house, he has the right to use the land. The right to use this private housing base can also be transferred and leased together, without going through relevant formalities, but the owner must pay relevant taxes and fees according to law, including land value-added tax. However, it may also face the situation that the land occupied by the house is requisitioned or demolished by the state. In this case, the land use right will also be properly compensated, reducing the contradiction between private owners and the state and residents.
The second kind of special land is the land for foreign-invested enterprises. Now many foreign investors choose to invest in other countries. Generally speaking, the land ownership owned by foreign-invested enterprises has these characteristics: the term of land use right is the same as that of the enterprise, and the company can own the land use right within these years. With low compensation, foreign-invested enterprises have to pay a certain site use fee if they want to have the right to use. When allocating land, a foreign-invested enterprise shall sign a use contract with the land administration department of the local city or county people's government, and the land administration department shall allocate land to the enterprise after signing it. Non-transferable, the land allocated by the land management department to foreign-invested enterprises can only be used by foreign-invested enterprises themselves, and may not be transferred to others or leased or mortgaged.
In contemporary society, if you want to allocate land use rights, you can only allocate them within a certain range, otherwise it is not allowed by law, and these types of allocation have certain public welfare and national nature. For example, public welfare, including some parks and cultural libraries.