2011年11月10日星期四

This is also common practice for other FIEs

Nevertheless, if the Joint Venture can purchase long-term Granted Land Rosetta Stone Use Rights from the Land Administration Bureau through a land use grant contract, the Joint Venture will then be able to mortgage the land or transfer it to a third party. Keep in mind, however, that vacant land must be 25% developed before Granted Land Use Rights can be acquired. Do not attempt to acquire Granted Land Use Rights if you do not intend to develop it within a short time, because even if the land qualifies as 25% developed and thus eligible for a grant, it can still be classified as vacant, and vacant land can be reclaimed if development is not begun within 2 years of transfer.A second option would be for one of the investors to obtain Granted Land Use Rights and then lease the land to the Joint Venture. However, vacant land cannot be leased to a third party (such as a Joint Venture or other Foreign Invested Enterprise) by the grantee. It is also worth noting that a lease needs to be registered in order to protect the leasehold against potential competing claims.Thirdly, if you are willing to settle for Allocated Land Use Rights, the Foreign Invested Enterprise Rosetta Stone German could simply have the land allocated to it by the local Land Administration Bureau.In the case of a Joint Venture, a fourth option would be to have the Chinese party contribute its Allocated Land Use Rights to the Joint Venture as part of its capital contribution, in which case the Chinese party would be liable for annual land use fees.Another common problem is that the land and the building(s) on it are owned by different parties, creating a potentially messy legal situation if all parties are not willing to cooperate.Most importantly, it would be a good idea to require the Chinese party to prove the status of its Land Use Rights with documentary evidence before applying for project approval. Further, pre-transfer due diligence should include a thorough environmental impact self-assessment (see the Glossary for details). Finally, keep in mind that payment and transfer of title through public registration with the Land Administration Bureau cannot take place simultaneously registration of land transfers will not be allowed unless a receipt for payment is submitted with Rosetta Stone Spanish (Latin America) the registration transfer application.

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