The Hebei lingshou Grain Bureau compound rental for 70 years, the Secretary said that the Department took office
the nature of the land is state-owned, and mysterious contracts afraid to show his local people questioned this as the typical” pay rent sell “the lawyer said: the state-owned land the longest term of the lease for 20 years
newspaper reporter Xudong Zhou Baojian text/
state-owned land can be leased for 70 years? This is unheard of in Lingshou! Recently, this reporter received a report from the masses, the Lingshou grain bureau of state-owned nature of the land office courtyard with private, now busy with the local urban construction department to go to stop the construction side, even claiming to be entitled to commence on the land here, because they hire compound of the grain bureau, the lease is actually up to 70 years! Local people questioned said that this is a typical “sell” pay rent, and the consequences is the loss of state assets. This really true? Reporter twice to the Lingshou this investigation.
the Depression dwelling ofCounty Grain Bureau
the Lingshou food Bureau is located in the the Lingshou city center of downtown area prosperous because many counties the organs are separated from the road level. However, in order to find the grain bureau is not easy, in accordance with the locals indicate the reporter in a hotel Menlian that made the building of Grain Bureau. This floor, a total of three eye-catching signs “Little Sheep” hotel, only the east side of the door hung a square foot the the copper Tiepai, to tell people here is the Grain Bureau. Food Bureau and the hotel share the first floor doors and staircases, but separated on the second floor when one side leading to the hotel on one side leading to the Grain Bureau.
the second floor of the east side of the half-floor grain bureau of the dwelling is located within the corridor dimly lit, a few small number of office equipment Chen ugly. County Grain Bureau Director Su Jinrong told reporters, Do not look now, the grain bureau so come down, then have scenery, three-storey office building is the earliest building one. Today’s Grain Bureau, the place can rent the whole has rented out the first floor of the car decoration, two three restaurants, the backyard has built a nightclub, in the end is what is under construction, he was also not clear.
office in Suju Zhang looked out, the reporter noted that the compound north side of the grain bureau a renovated luxurious nightclub and a shabby office building stands in stark contrast, in the courtyard of the west side of a covering about 300 square meters of buildings under construction. Grain Bureau covering over 100 square meters of the aisle between the west side and Lingshou the People’s Bank of China was originally the Grain Bureau and out of the door, are now put up the scaffolding under construction. A mysterious
lease contract
these lands are leased? The Suju Chang this affirmative answer, he said, took over as Secretary post in 2023, when he assumed office, the land had been rental exhausted myself but a piece of land are not rental, including all the granaries of the following venues “He said, the rental of the building and the compound’s northernmost nightclub he know how much, now to start the other side began construction last winter when he did not know. The other side began trenching, when he went to stop, the other only to show him a lease contract to prove that the land has been the construction side rental.
the Suju Chang said that he was the first time I saw the contract, with the official seal of the Grain Bureau. Later, he also found from the archives of the Grain Bureau of the contract, the term of the contract is indeed 70 years, is when the director-signed. However, when the reporter asked to look at this contract, the always talkative Suju Zhang outright to a variety of reasons shirk. The Suju Zhang said that the file room on the third floor, third floor of the lessee to install the gates, and Food Bureau can not enter without a key, and can not contact on the lessee. When reporters interview means to allow the lessee to open on the third floor door, Suju Chang but can not find the workers in charge of the file room keys. Reporter twice to Lingshou Grain Bureau interview, the Suju Chang reply for the same reason, the term of 70 years of the lease contract has not been able to produce to the reporter. As for the specific content of the contract, in addition to the confirmation of 70-year period, the lessee who lease form of land use, How much is the rent and how to pay, Suju Zhang remember clearly.
reporter tried to contact his predecessor, Secretary, by Suju Zhang the Suju Zhang claimed that the former head of the retirement has been a few years, the phone has replaced not contact, unless it to the bureau work.
urban construction department on two occasions under the lay-off notice and a fine of
at the construction site, workers on the reporter’s question on here in the end construction, shaking his head said I do not know. Journalists before the “51″ interview, see the floor of the building has just capped Festival once again came to the live interview, but found the second floor has begun to build, which is the site received two of the urban construction department suspension notices, construction but more overtime.
in the Lingshou Housing and Urban-Rural Construction Bureau, in charge of the Deputy Secretary Song Ruifeng and administrative law enforcement personnel to reporters to show up to a dozen pages on the site of the illegal construction of the grain bureau investigation report and notification of the punishment . ” According to law enforcement officers, they are back in early April to investigate the direction of law enforcement officers to produce a land lease contract, but failed to produce a construction project planning permit. Law enforcement officials said the land lease contract is not in the urban construction department within the jurisdiction, but in accordance with the provisions of the People’s Republic of China on Urban and Rural Planning Act “, where in the city, the town planning area, buildings, structures, roads, pipelines and other construction projects, The construction unit or individual shall be determined by the competent department of urban and rural planning, city and county people’s government or the provinces, autonomous regions and municipalities directly under the Central People’s Government of the people of the town government to apply for a construction project planning permit. Upon investigation, the County Grain Bureau of hospital construction project is the illegal construction, they were on April 6, issued suspension notices twice on the 9th of the person in charge of the illegal construction projects Wu, and decided on Wu punishable by a fine of 4000 yuan economic penalties.
suspension notices failed to implement the law enforcement officials said, the urban construction and law enforcement is an administrative law enforcement, do not have the ability to enforce. Lay-off notice, they repeatedly to reach the construction site, law enforcement officers, the other left off after the withdrawal of the law enforcement officers, the project construction to proceed. The People’s Republic of China on Urban and Rural Planning Act, the provisions of Article 68: urban planning departments to make to stop the construction or the deadline for removal of the decision, the parties do not stop the construction or fails to dismantle the location of the construction project at or above the county level, local people’s government can instruct the relevant departments to take the seizure of the construction site, the mandatory removal and other measures. To this end, the Urban Construction Bureau, specifically on the matter to the county government to make a written report to apply for County Grain Bureau illegal construction projects, power measures, the report was agreed to by the signature of the competent deputy magistrate on April 27 and put into practice.
Nevertheless, the reporter arrives at the construction site on May 4, construction workers still in overcoming the blackout difficult. To this end, the reporter contacted the person in charge of works Wu, he said, he signed with the Land Office lease contract, the contract period of 70 years, As to the specific details, he did not want to say.
lawyers FOR: the lease term shall not exceed 20 years
Hebei Houfeng Mei Law Firm Wang Haiying said the lawyer, in accordance with the provisions of Section 214 of the “Contract Law”, the term of the lease not more than two years, whether Lingshou Grain Bureau and Wu, the lessee signed the lease contract, the lease term beyond 20 years, the excess are considered invalid contract.
The LINGSHOU Grain Bureau as state organs and external leasing, the state allocated land Haiying lawyer said the former National Bureau of Land Management on March 8, 1992 promulgation of the “Interim land use rights Measures for the conditions of the state allocated land rental provisions, the provisions of Article V: without the city or county land administration department approval and the necessary land use right transfer procedures, delivery of the land users of the land use right transfer fee is not transferable , lease or mortgage land use rights. The approach also provides the land use right transfer, lease, mortgage, the parties do not land registration procedures, their behavior is invalid, not protected by law. In accordance with the provisions of section 46 of the urban state-owned land use right transfer and the transfer of the Provisional Regulations on the unauthorized transfer, lease or mortgage land use rights of the units and individuals, municipalities and county people’s government land administration department shall confiscate its illegal income , and according to circumstances, impose a fine.
the Haiying lawyer at the same time on the Lingshou Housing and Urban-Rural Construction Bureau to make “lay-off notice”, the deadline for removal of the “implementation of the decision should belong to the scope of judicial administrative penalty, the entry into force of the above decision After the administrative counterpart refuses to perform, administrative departments may apply for local courts to enforce.
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