Township governments, sub-district offices, district government departments and directly affiliated institutions,

　　The Implementation Measures (Trial) for the Right to Use Collective Construction Land for Commercial Use Entering the Market in Zengcheng District has been approved by the District People's Government and is hereby printed and issued, please conscientiously implement it. For any problems encountered in the implementation process, please reflect directly to the Sub-bureau of Municipal Planning and Natural Resources Bureau in Zengcheng District.

　　Zengcheng District People's Government, Guangzhou City

　　December 6, 2021

　　Implementation Measures (Trial) for the Right to Use Collective Construction Land for Commercial Use Entering the Market in Zengcheng District

　　(Trial)

　　Chapter I General Provisions

　　Article 1In order to step up establishing a unified urban-rural construction land market, regulate the market entry of right to use collective construction land for commercial use, promote the economical and intensive use of land resources, and ensure and realize the legitimate rights and interests of right holders of collective construction land for commercial use, these Measures are hereby formulated in accordance with the Land Administration Law of the People's Republic of China, the Guiding Opinions of the General Office of the State Council on Improving the Secondary Market for the Transfer, Lease and Mortgage of the Right to Use Land for Construction(Guo Ban Fa [2019] No.34) and the Administrative Measures of Guangdong Province for the Transfer of the Right to Use Collective Construction Land(Decree of Provincial Government No.100) and other policies and regulations, according to the actual situation of Zengcheng District.

　　Article 2These Measures shall apply to the market entry of collective construction land for commercial use within the corresponding administrative areas of Zengcheng District.

　　For the collective construction land for commercial use eligible for entering the market in accordance with these Measures, its landowner and its holder of the right to use it before entering the market shall be collective economic organizations.

　　The collective construction land for commercial use as mentioned in these Measures refers to the land for commercial purposes determined in the general plan for land use and urban-rural planning as industry, business services, logistics and warehousing, except for the land for public facilities in township (town) or village, land for public services, and rural homesteads.

　　The term “entering the marketing” as used in these Measures refers to the acts of transferring and re-transferring the right to use the collective construction land for commercial use in a paid manner, including grant, lease, transfer, sublease and mortgage on the premise that the ownership of the collective construction land for commercial use remains unchanged.

　　The grant of the right to use collective construction land for commercial use refers to the acts that the owner of collective construction land for commercial use, as the grantor, grants the right to use the collective construction land for commercial use for a certain period of time to the holder of the right to use the said land. The holder of the right to use pays the grant to the owner of the collective construction land for commercial use.

　　The lease of the right to use collective construction land for commercial use refers to the acts that the owner of the collective construction land for commercial use, as the lessor, leases the right to use the said land for a certain period of time to the lessee for use, and the lessee pays the rent to the lessor.

　　The transfer of the right to use the collective construction land for commercial use refers to the act of re-granting the right to use the collective construction land for commercial use by the holder of the right to use the said land.

　　The sublease of the right to use collective construction land for commercial use refers to the act of re-leasing the right to use the collective construction land for commercial use by the lessee.

　　Mortgage of the right to use collective construction land for commercial use refers to the act that the holder of right to use the collective construction land for commercial use secures the creditors rights with the said land without transference of its possession.

　　Article 3The right to use collective construction land for commercial use shall not be allowed to enter the market under any of the following circumstances:

　　(a) Failure to apply for the certificates for collective land ownership and the right to use the collective land for construction.

　　(b) The ownership of collective construction land for commercial use or the above-ground buildings and other attached objects is in dispute and no consensus has been reached on entering the market.

　　(c) The above-ground buildings and other attached objects on collective construction land for commercial use are unconformable to the general plan for land use, urban-rural planning and other space planning for land and resources, fire safety rules and quality standards of construction engineering.

　　(d) The collective construction land for commercial use, the above-ground buildings and other attached objects have been ruled or decided to seal up, or the land rights have been restricted in other forms by judicial and administrative organs in accordance with laws.

　　(e) The collective construction land for commercial use has been included in the scope of proposed land requisition.

　　Article 4When the right to use the collective construction land for commercial use is granted, leased, transferred, subleased or mortgaged, the above-ground buildings and other attached objects shall be granted, leased, transferred, subleased or mortgaged accordingly.

　　Article 5Before the above-ground buildings and other attached objects on collective construction land for commercial use enter the market, the above-ground buildings and other attached objects must obtain the opinions of the competent planning and construction department that urban-rural planning, the quality standards for construction engineering and fire safety rules are met.

　　Article 6The longest time limit for the right to use collective construction land for commercial use to be granted shall not exceed that for the right to use state-owned construction land to be granted for the same purpose: 50 years for industrial, logistic and warehousing purpose, and 40 years for business services. The longest time limit for the right to use collective construction land for commercial use to be leased shall not exceed 20 years.

　　The longest time limit for grant and sublease shall not exceed the remaining useful life after the contracted term of grant and lease minus the practical serviced life.

　　Chapter II Grant and Lease of the Right to Use Collective Construction Land for Commercial Use

　　Article 7To grant and lease the right to use collective construction land for commercial use, the following conditions should be met:

　　(a) Obtained the certificate for collective land ownership.

　　(b) Obtained the certificate for the right to use the collective construction land.

　　(c) Obtained valid land planning permit documents.

　　(d) Have documentary evidence of obtaining the approval from collective economic organizations for entering the market.

　　Article 8Before the collective construction land for commercial use enters the market, the collective economic organization shall make a collective resolution on the proposal for entering the market according to the principle of collective resolution on important matters, and work out documentary evidence and a letter of consent by voting for entering the market. In case the landowner of collective construction land for commercial use and the holder of the right to use it are inconsistent with each other, a permit letter on entering the market shall be obtained from the landowner and the holder. The collective resolution on the approval for entering the market shall be made in accordance with the procedures as below:

　　(a) Issue an announcement. The collective economic organization shall issue a notice 10 days in advance from the date on which the collective economic organization membership assembly or representative assembly is held, setting out method of entering the market, the current situation of the land plot, the initial price of entering the market, the requirements of intended bidders (renters), the collection methods of proceeds from entering the market and other matters in the proposal for entering the market, and shall issue a notification about collective economic organization membership assembly or representative assembly including the time, place, participants and ways to raise objections.

　　(b) Hold a collective economic organization membership assembly or representative assembly. On the assembly, the participants vote on the proposal for entering the market. The proposal for entering the market must be approved by more than 2/3 of the members or member representatives of the collective economic organization, and a letter of consent by voting shall be worked out.

　　The proposal for entering the market shall consist of entry method, land boundary, status of land parcels, project admittance requirements, area, service life, time limit of starting construction, land use, planning conditions, initial price for entering the market, collective proceeds allocation plan and other rights and obligations of both parties. It should also stipulate whether to allow the land resumption in advance, the conditions and compensation methods for early resumption, the compensation plan when the ownership of collective construction land for commercial use is expropriated in accordance with laws, whether to renew the service life when it expires, the treatment for the ownership of the above-ground buildings and other attached objects, the requirement for the intended bidder (renter), whether the transfer, sublease or mortgage by the holder of right to use shall require the consent of the grantor or lessor, the liability for breach of contract, etc.

　　(c) Publicize relevant information. The proposal for entering the market approved by voting shall be publicized on notice board of the village and the site of land parcel within 30 days from the date of approval, and the publicity period shall not be less than 5 working days. During the publicity period, where more than 1/3 of the members with voting rights of collective economic organization object to the resolution of the membership assembly, or more than 1/10 of the members with voting rights object to the resolution of the membership representative assembly, the land shall not be allowed to enter the market.

　　(d) Work out documentary evidence of approval for entering the market. Where the right to use collective construction land for commercial use is allowed to enter the market by the collective resolution through the above-mentioned procedures, the collective economic organization shall work out the documentary evidence of approval for entering the market.

　　Article 9Within 90 days from the date of obtaining the documentary evidence of approval for entering the market, the owner of the collective construction land for commercial use shall submit an application for entering the market to the Sub-bureau of the Municipal Planning and Natural Resources Bureau in Zengcheng District. In case the landowner of collective construction land for commercial use and the holder of the right to use it are inconsistent with each other, both parties shall submit an application together for entering the market to the Sub-bureau of the Municipal Planning and Natural Resources Bureau in Zengcheng District. The following materials are required for the application:

　　(a) Application Form for The Right to Use Collective Construction Land for Commercial Use Entering the Market;

　　(b) Identification documents of the applicant and of the entrusted agent;

　　(c) Certificates for collective land ownership and for the right to use the collective land for construction;

　　(d) Parcel maps of collective construction land for commercial use;

　　(e) Documentary evidence of approval for entering the market;

　　(f) A Letter of consent by voting and a proposal for entering the market approved by voting;

　　(g) An account that has been opened specially for social security under the supervision of the territorial township government (sub-district offices);

　　(h) An account used by the collective economic organization to collect the proceeds from the grant and lease of the right to use collective construction land for commercial use;

　　(i) Documents about the opinions from the competent planning and construction department that the above-ground building and other attached objects comply with urban-rural planning, quality standards for construction engineering and fire safety rules.

　　Where the application is not submitted within the time limit, the procedures for entering the market shall be restarted in accordance with the provisions of Article 8.

　　Article 10For the grant of the right to use collective construction land for commercial use, the owner of the collective construction land for commercial use shall entrust the public resource trading platform to publicly grant the right through bidding, auction or listing, and obtain a confirmation letter of transaction or a bid-winning notice issued by the public resource trading platform.

　　For the lease of the right to use collective construction land for commercial use, the landowner shall entrust the management service platform for district rural collective funds, assets and resources to lease out the land in an open manner, and obtain a confirmation letter of transaction issued by the rural collective asset trading center of the territorial township government (sub-district offices).

　　Article 11For the grant and lease of the right to use collective construction land for commercial use, both parties to the transaction shall sign a contract within 15 days after obtaining the confirmation letter of transaction or bidding-winning notice in accordance with the approved content and requirements. In case the landowner of collective construction land for commercial use and the holder of the right to use it are inconsistent with each other, the contract shall be signed between the landowner and the grantee (lessee) after the negotiation between the landowner and the holder. The contract shall specify the method of entering market, land boundary, status of land parcels, area, service life, time limit of starting construction, standards for commencement, land use, planning conditions, transaction price and other rights and obligations of both parties. It should also stipulate whether to allow the land resumption in advance, the conditions and compensation methods for early resumption, the compensation plan when the ownership of collective construction land for commercial use is expropriated in accordance with laws, whether to renew the service life when it expires, the treatment for the ownership of the above-ground buildings and other attached objects, whether the transfer, sublease or mortgage by the holder of right to use shall require the consent of the grantor or lessor, the liability for breach of contract, etc.

　　After the collective construction land for commercial use enters the market, any dispute arising from the execution of the contract shall be resolved by both parties to the transaction through consultation. In case no settlement can be reached through negotiation, the dispute shall be submitted for arbitration or be brought to the people's court in accordance with the contract.

　　Article 12For the grant of the right to use collective construction land for commercial use, the grantee shall pay off the land granting and pay relevant taxes and fees as required in accordance with the stipulations of the grant contract, before going through the relevant registration formalities for real estate.

　　Article 13For the grant of the right to use collective construction land for commercial use, both parties to the transaction shall pay off the land granting and pay relevant taxes and fees as required, and then apply to district real estate registration authority for handling relevant registration formalities:

　　(a) Guangzhou Real Estate Registration Application Form;

　　(b) Identification documents;

　　(b) A certificate for the right to use collective construction land;

　　(d) A confirmation letter of transaction or a bid-winning notice;

　　(e) The grant contract on the right to use collective construction land for commercial use;

　　(f) The investigation result of real estate ownership (including the set of maps of the ownership boundary and the parcel maps);

　　(g) The tax payment (exemption) certificate issued by the tax department;

　　(h) A certificate issued by the grantor that the land granting has been paid in full;

　　(i) Documents about the opinions from the competent planning and construction department that the above-ground buildings and other attached objects comply with urban-rural planning, the quality standards for construction engineering and fire safety rules.

　　Article 14For the lease of the right to use collective construction land for commercial use, both parties to the transaction shall go through the lease registration formalities at the territorial township government (sub-district offices) within 15 days after the contract is signed. The district real estate registration authority may make lease-related annotations in accordance with the lease registration formalities of the territorial township government (sub-district offices).

　　Article 15The holder of the right to use collective construction land for commercial use shall use the land in accordance with the approved land use. If it is really necessary to change the use of the land, after approved by the owner of collective construction land for commercial use and Sub-bureau of Municipal Planning and Natural Resources Bureau in Zengcheng District, it shall be submitted to the people's government that has agreed to the original use for approval. After approval, the owner of the collective construction land for commercial use shall re-sign a contract with the holder of the right to use the said land in accordance with the approved land use, and adjust the land transaction price or rent. In case of the change of land use in the urban-rural planning area, it shall be dealt with in accordance with the relevant requirements of the Guangzhou Urban-Rural Planning Regulations (Amended in 2020).

　　Article 16The owner of collective construction land for commercial use shall fully respect the legitimate rights and interests of the holder of the right to use the said land, and shall not withdraw the right to use collective construction land for commercial use within the agreed period of grant and lease.

　　If it is really necessary to terminate the contract and withdraw the right to use collective construction land for commercial use and lease rights in advance due to statutory or agreed reasons, the owner of collective construction land for commercial use shall make reasonable compensation to the holder of the right to use the said land in accordance with relevant regulations or as agreed in the contract.

　　Both parties to the grant shall apply to the district real estate registration authority for relevant real estate registration. Both parties to the lease transaction shall go through the lease registration formalities at the territorial township government (sub-district offices), in accordance with which, the district real estate registration authority may make lease-related annotations.

　　Article 17In case the holder of the right to use the collective construction land for commercial use requests to continue the use of the land, it shall negotiate with the owner of collective construction land for commercial use within one year before the expiration of the contract at the latest. Upon the owner's consent of the continuous use through collective resolution, both parties shall resign the contract with the granting price and rent redefined. After the land granting or rent, and the relevant taxes and fees have been paid according to regulations, the relevant formalities for real estate registration and lease annotations shall be restarted.

　　When the use term of collective construction land for commercial use expires and the holder of right to use the land has not submitted an application for renewal, or the renewal application has not been approved, the owner of the land may reclaim the land for free, and may unilaterally apply for registration of real estate change at district real estate registration authority; or go through the  formalities of cancelling registration at the territorial township government (sub-district offices), according to which, the district real estate registration authority may make relevant annotations. The above-ground buildings and other attached objects on collective construction land for commercial use shall be dealt with as stipulated in the contract.

　　Article 18Where the ownership of collective construction land for commercial use needs to be expropriated in accordance with laws, the market entry of right to use collective construction land for commercial use shall be terminated since the expropriation plan has been approved by the people's government with approval right.

　　The subject of expropriation shall compensate the owner of collective construction land for commercial use in accordance with laws. The owner of the collective construction land shall, in accordance with the stipulations in the contract on market entry of the right to use collective commercial construction land, pay compensation to the holder of the right to use of collective commercial construction land.

　　Chapter III Transfer and Sublease of the Right to Use Collective Construction Land for Commercial Use

　　Article 19To transfer the right to use collective construction land for commercial use, the following conditions should be met:

　　(a) Obtained the certificate for the right to use the collective construction land;

　　(b) When transferring the right to use collective construction land for commercial use, the transferor shall obtain the grantor's written consent of transferring; if it is specified in the transfer contract that the transfer of the right to use collective construction land for commercial use does not require the consent of the grantor, the written consent of transfer may not be submitted, provided that the grantor must be notified.

　　Article 20To sublease the right to use collective construction land for commercial use, the following conditions should be met:

　　(a) Finished the lease procedures at the territorial township government (sub-district offices);

　　(b) When subleasing the right to use collective construction land for commercial use, the sublessor shall obtain the written consent of sublease from the lessor in the original lease contract and the document proving that lease procedures have been finished at the territorial township government (sub-district) already; if it is specified in the original lease contract that the sublease of the right to use collective construction land for commercial use does not require the consent of the original lessor, the written consent of sublease may not be submitted, provided that the original lessor must be notified.

　　Article 21A contract shall be signed for the transfer and sublease of the right to use collective construction land for commercial use. For the right to use collective construction land for commercial use obtained by way of grant and transfer, the rights and obligations of the original grantee shall be transferred accordingly as the right is transferred; for the right to use collective construction land for commercial use obtained by way of lease or sublease, the lessee shall continue to perform the rights and obligations stipulated in the original lease contract.

　　Article 22Where the right to use collective construction land for commercial use is transferred, the transferee shall, in accordance with the contract, pay off the land transaction and pay relevant taxes and fees as required before going through the relevant registration formalities for real estate.

　　Article 23After the transfer of the right to use collective construction land for commercial use, both parties to the transaction shall pay off the land transaction and pay relevant taxes and fees as required, and afterwards apply to district real estate registration authority for the relevant registration formalities upon the following materials:

　　(a) Guangzhou Real Estate Registration Application Form;

　　(b) Identification documents;

　　(b) Certificate for the right to use collective construction land;

　　(d) The transfer contract (agreement) on the right to use collective construction land for commercial use;

　　(e) The grant contract on the right to use collective construction land for commercial use;

　　(f) A confirmation letter of transfer or a bid-winning notice (for the transfer in a public manner);

　　(g) The tax payment (exemption) certificate issued by the tax department.

　　Article 24For the transfer of the right to use collective construction land for commercial use that meets the following conditions, the holder of the right to use the said land shall entrust the public resource trading platform to transfer it in a public manner:

　　(a) To transfer the right to use collective construction land for commercial use of state-owned enterprises, collective enterprises, and companies or enterprises which are dominated by public sectors of the economy (including joint operation and cooperation on housing construction on the condition of the right to use the collective construction land for commercial use);

　　(b) To transfer the right to use collective construction land for commercial use for enforcement of the right of mortgage;

　　(c) To transfer the right to use collective construction land for commercial use that has been judged and ruled to be auctioned.

　　Article 25After the sublease of the right to use the collective construction land for commercial use has been agreed by the lessor of the original lease contract, both parties to the transaction shall go through the sublease procedures at the territorial township government (sub-district offices) after the contract comes into effect. Where the lease contract changes, both parties shall go through the procedures of lease change at the territorial township government (sub-district offices); when the lease contract is cancelled and terminated, both parties shall handle the procedures of contract cancellation at the territorial township government (sub-district offices).The district real estate registration authority can make annotations according to the relevant registration procedures of the territorial township government (sub-district offices).

　　Chapter IV Mortgage of the Right to Use Collective Construction Land for Commercial Use

　　Article 26The ownership of collective land shall not be mortgaged.

　　Article 27Where the right to use collective construction land for commercial use is mortgaged, if the debtor fails to fulfill the debt, the creditor is entitled to disposal of the mortgaged right to use collective construction land for commercial use in accordance with laws.

　　Those who obtain the right to use collective construction land for commercial use and the ownership of the above-ground buildings and other attached objects due to the disposal of the mortgaged property shall go through the procedures for transfer registration.

　　After the enforcement of mortgage right, the property of collective land ownership shall not be changed.

　　Article 28The holder of the right to use collective construction land for commercial use shall mortgage the right to use collective construction land for commercial use in accordance with the following procedures:

　　(a) The owner of collective construction land for commercial use to mortgage the right to use the said land, shall hold a certificate of the right to use collectively-owned construction land and obtain the written consent of mortgage in accordance with the provisions of Article 8 in these Measures.

　　For the right to use collective construction land for commercial use that is obtained by way of grant and transfer, the holder of the land use right shall hold a certificate of the right to use collective construction land for commercial use and obtain the landowner's written consent of mortgage when mortgaging the land use right. If it has been specified in the original grant contract that the mortgage of the right to use collective construction land for commercial use does not require the consent of the grantor, the written consent of mortgage may not be submitted, provided that the grantor must be notified.

　　(b) The holder of the right to use collective construction land for commercial use and the creditor shall jointly apply for mortgage registration with the necessary materials such as the mortgage contract and the principal claim-debt contract.

　　(c) The mortgage contract may be a written contract which is separately concluded or the mortgage clauses in the principal claim-debt contract.

　　The district real estate registration authority shall register the mortgage of the right to use collective construction land for commercial use.

　　Article 29Both parties to the mortgage shall apply to the district real estate registration authority for mortgage registration with the following materials after the mortgage contract is signed.

　　(a) To mortgage the right to use collective construction land for commercial use by the owner of collective construction land for commercial use:

　　1. Guangzhou Real Estate Registration Application Form;

　　2. Identification documents;

　　3. Certificate for the right to use collective construction land;

　　4. Principal claim-debt contract and mortgage contract;

　　5. Materials approved by the collective economic organization membership assembly or authorized representative assembly (if the mortgaged property belongs to the collective economic organization).

　　(b) To mortgage the right to use collective construction land for commercial use which is obtained by way of grant or transfer:

　　1. Guangzhou Real Estate Registration Application Form;

　　2. Identification documents;

　　3. Certificate for the right to use collective construction land;

　　4. Principal claim-debt contract and mortgage contract;

　　5. Grant contract;

　　6. Transfer contract;

　　7. Written proof that collective economic organization agrees on the mortgage (except that the grantor has clearly agreed on the mortgage in the grant contract).

　　Article 30The party concerned may apply to the district real estate registration authority for cancellation of the mortgage right with the necessary materials such as certificate of real estate registration and the materials for extinction of right to mortgage under any of the following circumstances:

　　(a) The principal claim extinguishes;

　　(b) The right to mortgage has been realized;

　　(c) The mortgagee waives the right to mortgage.

　　Chapter V Mortgage of the Right to Lease Collective Construction Land for Commercial Use

　　Article 31As for the collective construction land for commercial use, the right to lease the collective construction land for commercial use shall be mortgaged in accordance with the following procedures:

　　(a) To mortgage the right to lease collective construction land for commercial use that is obtained by way of lease or sublease, a lease certificate issued by the territorial township government (sub-district offices) and the landowner's written consent of mortgage are required. If it has been specified in the original lease contract that the mortgage of the right to use collective construction land for commercial use does not require the consent of the landowner, the written consent of mortgage may not besubmitted, provided that the original lessor must be notified.

　　(b) The three parties (landowner, lessee and creditor of collective construction land for commercial use) shall jointly apply to the district real estate registration authority for mortgage annotations for the right to lease collective construction land for commercial use with the necessary materials such as the mortgage contract and the principal claim-debt contract.

　　The mortgage contract may be a written contract which is separately concluded or the mortgage clauses in the principal claim-debt contract.

　　(c) The district real estate registration authority shall make annotations for the mortgage of the right to lease collective construction land for commercial use.

　　The mortgage of the right to lease collective construction land for commercial use does not depend on registration of the real estate registration authority for its legal effect.

　　Article 32Both parties to the mortgage of the right to lease collective construction land for commercial use shall apply to the district real estate registration authority for the registration of the mortgage of the leasehold with the following materials within 15 days after the mortgage contract is signed:

　　(a) Application form;

　　(b) Identification documents;

　　(c) Principal contract and mortgage contract;

　　(d) Lease contract;

　　(e) Sublease contract;

　　(f) The lease certificate issued by the territorial township government (sub-district offices).

　　Article 33The party concerned may apply to the district real estate registration authority for cancellation of the mortgage of the right to lease collective construction land for commercial use with the necessary materials for cancelling the mortgage of leasehold under any of the following circumstances:

　　(a) The principal claim extinguishes;

　　(b) Identification documents;

　　(c) The right to mortgage has been realized;

　　(d) The mortgagee waives the right to mortgage.

　　Chapter VI Management of Land Value and Proceeds

　　Article 34The initial price for the grant of the right to use collective construction land for commercial use shall not be lower than 70% of the datum land price of collective industrial land and collective land for business services with the same purpose in the corresponding section of the district as specified in the results for the datum land price of collective construction land in Guangzhou City.

　　Article 35The proceeds obtained from the grant or the lease of the right to use collective construction land for commercial use by the owner of the said land shall be owned collectively by members of the collective economic organization that possesses the ownership of collective land for business purpose, and shall be included in the unified management of their collective property. Village collective economic organization shall specify a certain deposit ratio and deposit the money in the designated bank account, in accordance with the decision-making procedures for major matters in the operation and management of collective assets, which is stipulated in the Opinions on Regulating the Management of Rural Collective Economic Organizations by Guangzhou Municipal People's Government(Sui Fu [2014] No. 34). The designated account is specially used for the expenditure of the members of collective economic organizations and shall not be appropriated for other purposes.

　　Article 36The proceeds from the paid use of collective construction land for commercial use shall be submitted to the membership assembly for discussion and decision by collective economic organization in accordance with legal procedures on principle of giving high priority to the development of collective economy. The use of proceeds shall be disclosed to the members of collective economic organization.

　　The solution for proceeds application decided in accordance with legal procedures shall be reported to the territorial township government (sub-district offices).

　　Chapter VII Miscellaneous Provisions

　　Article 37For the collective construction land for commercial use that has entered market, where the right to use collective construction land for factories, warehouses and other purposes and housing ownership (industrial property right, commercial property right, property right of logistics and warehouse) have been confirmed and registered, the division of property rights and transfer shall be conducted with reference to the Notice of Department of Natural Resources of Guangdong Province on Clarifying Matters Concerning the Division of Industrial Property Rights and the Registration of Real Estate for Division and Transfer(Yue Zi Ran Zi Gui Zi [2019] No. 3) and the Notice of the Office of the People's Government of Guangzhou Municipality on Further Strengthening Regulation of the Real Estate Market (Yue Zi Ran Zi Gui Zi [2017] No. 65).

　　Article 38The collective construction land for commercial use shall not be used for commercial real estate development and residential construction (including apartments, houses with limited property rights, rented dwellings, etc.). Where the collective construction land for commercial use is not used in accordance with the purpose approved, it shall be investigated and sanctioned subject to relevant regulations on illegal use of land and construction.

　　Article 39In violation of the provisions prescribed under Article 10 of these Measures, the district real estate registration authority shall not go through the relevant registration and annotation procedures for property rights.

　　Article 40The holder of the right to use collective construction land for commercial use shall simultaneously sign an agreement on supervision over development and utilization when signing a grant contract. The territorial township government (sub-district offices) shall be responsible for the post-supply supervision over collective construction land for commercial use within its jurisdiction, including coordinating the relevant functional units to exercise supervision in accordance with their responsibilities and the agreement on supervision over development and utilization.

　　Chapter VIII Supplementary Provisions

　　Article 41The Sub-bureau of Municipal Planning and Natural Resources Bureau in Zengcheng District and other functional departments and township government (sub-district offices) shall strengthen the supervision over market entry application, platform transaction, real estate registration, change of use, division of property rights and transfer, and other sectors of collective construction land for commercial use in Zengcheng District to effectively guard against the risks in government integrity. Violations of disciplines and regulations during the process of market entry shall be seriously held accountable and firmly investigated and punished so as to ensure that the work of entry into market in Zengcheng District is "transparent, standardized, efficient and clean".

　　Article 42These Measures shall be implemented on a trial basis as of the date of promulgation and shall be valid for 3 years.