-----Modes of gaining land use rights for foreign-invested enterprises 

1. Assignment with fees of assignment

The government shall transfer the land use right to the land users for a specified period, while the land users shall pay for the fees of assignment. The land users may acquire the land use rights through bidding or auction and signing agreement with land administration bureau. After paying all fees according to the entered agreement, the land user may obtain the Land Certificate.

The land use rights acquired through these means shall be transferred, leased and mortgaged. The longest periods for land use rights are:

(1) Residential land: 70 years.

(2) Industrial land: 50 years

(3) Land for education, science, technology, culture, sanitation and sports: 50 years

(4) Land commerce, tourism and recreation: 40 years

(5) Land for comprehensive or other purposes: 50 years.

2. Paid transfer

A land user shall be allowed to transfer the land use right to another land user on paid basis. Transfer of land use right shall enter agreement of transfer. The period of land use right for the land acquired in this method shall be the remained period after deduction of the used period.

3. The conditions for using land use rights as the shares of joint venture and cooperation.

If a land user evaluates his land use right as the shares or conditions of joint venture or cooperation with other units, or establishing joint-venture or cooperative enterprises with other units or individuals, such mode of cooperation shall deal with necessary land use formalities in the land administration bureau. If the land belongs to administrative assignment, the formalities for transfer of land use right shall be obtained. In this case, the fees for assignments shall be paid.

4. Leasing of land use rights.

A land user, as the leaser, shall enter lease agreement with the leasee if he lease out the land use right along with the ground attached building or articles to the leasee. The leasee must pay rent to the leasor according to the agreement. If the land for lease belongs to administrative assignment, necessary formalities for transfer of land use right shall be obtained. In this case, the fees for assignment shall be paid.

----- Modes of acquiring use rights of collective land for foreign-invested enterprises

1. The collective land must be acquired as the state-owned land before being transferred to the foreign-invested enterprises. Collective land are not allowed to be directly transferred or leased.

2. Rural collective economic organizations or township enterprises that evaluate collective land as the shares or cooperative conditions to establish join-venture and cooperative enterprises with foreign investors must be approved by the people's government of county level. In this case, the property right of the collective land for these projects shall remain unchanged. The shares of collective land are not allowed to be transferred.

-----Procedure for foreign-invested enterprises to acquire land use right

After obtaining the Approval Certificate and Business License, a foreign-invested enterprise shall apply to the land administration bureau of the people's government at or above county level for land use right in the means of paid assignment, paid transfer and lease of land use right. In this case, it shall enter agreement on paid land use right with the land administration bureau. The land administration bureau will issue Approval Certificate of Construction Land. After paying the fees, the land user must handle land registration formalities and apply for Land Certificate according to necessary regulations.

----- Power of authorities for examining and approving land for foreign-invested enterprises

1. Acquisition of the following lands shall be examined progressively by the local people's governments at or above county levels and submitted to the State Council for approval.

(1) Basic farmland

(2) Farmland exceeding 35ha. other than basic farmland.

(3) Other land exceeding 70ha.

2. Foreign-invested enterprises, which reclaim state-owned waste hills, waste lands and waste beach that have not been assigned the land use right to engage in plantation, forestry, animal husbandry and fishery, must apply to the land administration bureau of the people's government of the county or the city established with districts. Prior to development, the enterprises must gain approvals as per the following power of authorities.

(1) One-time development of less than 50ha. shall be approved by the people's government of county (city).

(2) One-time development of over 50ha. but less than 100ha. shall be approved by the people's government of prefecture or the city established with districts.

(3) One-time development of over 100ha. but less than 600ha. shall be approved by the people's government of Guangxi Zhuang Autonomous Region.

(4) One-time development  of over 600ha. shall be approved by the State Council.

3. Foreign-invested enterprises, which use the existing state-owned construction land, land converted from agricultural purpose, land within the range of land requisition as well as the state-owned un-utilized land in the overall land-use planning, shall be examined and approved by the people's government of county or city. Such case must be forwarded to the department of land resources at higher level for records. Temporary occupation of the lands that are outside the basic farmland protection area by foreign-invested enterprises shall be examined and approved by the local people's government of county or city levels.

----- Land policies of the State Council for the West Development

1. Foreign-invested enterprises can conduct bio-environmental protection construction through applying for using state-owned waste hills and wastelands to rehabilitate the vegetation. Under the conditions of availability of construction investment and landscaping works, the enterprises shall obtain the land use right through the means of land assignment. In this case, they shall be exempted from the fees for assignment and the land use rights shall remain unchanged for 50 years. Upon expiration, the period of land use shall be extended upon application. Land use right can be inherited and paid transferred. When the State takes back the land use rights due to construction, necessary compensation must be made according to the laws.

2. The land occupation for the purposes of national and provincial highways shall be handled as per railway. Land occupation for civil aviation shall be exempted from farmland use tax.