- 中国土地房屋与建筑行业法规中英数据库 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
中国土地房屋与建筑行业法规中英数据库
- 土地使用权转让的市场价格不合理上涨时，市、县人民政府可以采取必要的措施。 When the market price for the transfer of the right to the use of the land rises to an unreasonable extent, the people's governments at the municipal and county levels may take necessary measures to cope with it.
- 被拆迁私有居住房屋所有人与拆迁人互换房屋产权的，应当按照互换房屋面积、质量的差异结算差额价款。 When the owner of a privately-owned house to be demolished exchanges house titles with the party that is to demolish the house, the two parties shall compute the price difference according to the area and quality of the exchanged houses.
- 拆迁人异地安置被拆迁人的，应当以本办法第五条规定的计算标准为依据，按照下表所列的百分率增加安置面积： When the party that is to demolish the house resettle the party whose house is demolished in a different [], the area for resettlement shall be increased in accordance with the ratio listed in the following table on the basis of the standard for computation set forth in Article 5 of the present Procedures:
- 被拆迁房屋使用人购买商品住宅的价款低于购房存款单款额的，余额部分可以由被拆迁房屋使用人以现金方式提取。 When the price of a commodity residential house to be purchased by the user of the house that is to be demolished is lower than the amount in the deposit certificate for house purchasing , the user of the house that is to be demolished may draw the surplus in cash.
- 被拆迁房屋使用人购买商品住宅的价款高于购房存款单款额的，超额部分由被拆迁房屋使用人自行承担。 When the price of a commodity residential house to be purchased by the user of the house that is to be demolished, is higher than the amount in the certificate of deposit for the purchase of house , the user of the house that is to be demolished shall pay the deficit himself/herself.
- 被拆迁房屋使用人以货币化安置款购买商品住宅的，应当向有关银行提交房屋拆迁货币化安置协议、购房合同和购房存款单。有关银行应当按照购房合同的约定，将购房存款单的款额转帐支付给商品住宅出售单位。 When the user of a house that is to be demolished purchases a commodity residential house with the monetized resettlement money, he/she shall submit, to the relevant bank, the monetized resettlement agreement for demolition and re[], the house purchase contract, and the certificate of deposit for the purchase of house. The relevant bank shall pay by transfer account, in accordance with the stipulations of the house purchase contract, the money in the certificate of deposit for purchase of house to the seller of the commodity residential house.
- 根据本条第一款规定已经在中华人民共和国境内设立外商投资建筑业企业的外国企业，设立新的外商投资建筑业企业，其资质等级按照建筑业企业资质管理规定核定。 Where a foreign enterprise which has already established a foreign invested construction enterprise within the territory of the People’s Republic of China as stated in Paragraph 1 of this Article is to establish a new foreign-invested construction enterprise, the qualification grade of the new foreign-invested construction enterprise shall be determined in accordance with Regulations on Administration of Construction Enterprise Qualifications.
- 申请设立施工总承包序列和专业承包序列二级及二级以下、劳务分包序列资质的，其设立由省、自治区、直辖市人民政府对外贸易经济行政主管部门审批，其资质由省、自治区、直辖市人民政府建设行政主管部门审批。 where an applicant is to apply to establish a contractor or a specialised contractor with Grade B or lower qualifications or any of the subcontractor qualifications, the establishment of the foreign–invested construction enterprise shall be examined and approved by the foreign trade and economic cooperation administration department of the people’s government of the province, the autonomous region or the directly administered municipality and its qualifications shall be examined and approved by the construction administration department of the people’s government of the province, the autonomous region or the directly administered municipality.
- 申请设立施工总承包序列特级和一级、专业承包序列一级资质外商投资建筑业企业的，其设立由国务院对外贸易经济行政主管部门审批，其资质由国务院建设行政主管部门审批； Where an applicant is to apply to establish a contractor with Super Grade or Grade A qualifications or to establish a specialised contractor with Grade A qualifications, the establishment of the foreign-invested construction enterprise shall be examined and approved by the foreign trade and economic cooperation administration department of the State Council and its qualifications shall be examined and approved by the construction administration department of the State Council;
- 中外合资经营建筑业企业、中外合作经营建筑业企业的中方投资者为中央管理企业的，其设立由国务院对外贸易经济行政主管部门审批，其资质由国务院建设行政主管部门审批。 Where the Chinese investor to a proposed Sino-foreign equity construction joint venture or a Sino-foreign cooperative construction enterprise is an enterprise administered by the central government, the establishment of the joint venture shall be examined and approved by the foreign trade and economic cooperation administration department of the State Council and its qualifications shall be examined and approved by the construction administration department of the State Council.
- 建设单位或者个人对责令限期拆除的行政处罚决定不服的，可以在接到责令限期拆除决定之日起十五日内，向人民法院起诉；期满不起诉又不自行拆除的，由作出处罚决定的机关依法申请人民法院强制执行，费用由违法者承担。 Whereas a construction unit or individual refuse to accept the administrative punishment decisions on dismantling the buildings and other facilities, it may bring the case before the people's court within 15 days starting from the day when the decision is received. Whereas a unit or individual fails to put the case in proceeding when the time limit expires and yet refuses to do the dismantling, the organ making the punishment decision shall apply for compulsory exercise with the people's court and the cost arising therefrom shall be borne by the law violator.
- 农民集体所有的土地由本集体经济组织以外的单位或者个人承包经营的，必须经村民会议三分之二以上成员或者三分之二以上村民代表的同意，并报乡（镇）人民政府批准。 Whereas a land collectively owned by peasant is contracted out for operation to ones not belonging to the corresponding collective organizations, a consent should be got from the over two-thirds majority vote of the villagers' congress or over two-thirds of the villagers' representatives with the resulted contract being submitted to the township (town) people's government for approval.
- 承包经营耕地的单位或者个人连续二年弃耕抛荒的，原发包单位应当终止承包合同，收回发包的耕地。 Whereas a unit or individual that has contracted for land operation has given up cultivation and allowed the land to go wasted for two successive years, the original constracting-out party shall terminate the contract and recover the land contracted out for cultivation.
- 在土地利用总体规划确定的城市和村庄、集镇建设用地规模范围内，为实施该规划而将农用地转为建设用地的，按土地利用年度计划分批次由原批准土地利用总体规划的机关批准。在已批准的农用地转用范围内，具体建设项目用地可以由市、县人民政府批准。 Whereas agricultural land is converted into construction purposes as part of the efforts to implement the general plans for the utilization of land within the amount of land used for construction purposes as defined in the general plans for cities, villages and market towns, it shall be approved batch by batch according to the annual plan for the use of land by the organs that approved the original general plans for the utilization of land. The specific projects within the scope of land approved for conversion shall be approved by the people's governments of cities or counties.
- 非法批准征用、使用土地，对当事人造成损失的，依法应当承担赔偿责任。 Whereas illegal requisition and use of land have caused damages to parties concerned, the party responsible shall bear the responsibilities of compensation according to law.
- 个别省、直辖市确因土地后备资源匮乏，新增建设用地后，新开垦耕地的数量不足以补偿所占用耕地的数量的，必须报经国务院批准减免本行政区域内开垦耕地的数量，进行易地开垦。 Whereas individual provinces and municipalities find it difficult to reclaim enough land to make up for the land occupied due to scarce reserve resources, the total amount of land due to be reclaimed in their own regions may be reduced with the approval of the State Council but the rest of land for reclamation shall be made up for elsewhere.
- 当事人对有关人民政府的处理决定不服的，可以自接到处理决定通知之日起三十日内，向人民法院起诉。 Whereas parties concerned refuse to accept the decisions by related people's government the dispute may be brought before the people's court within 30 days after the notification on the decision is received.
- 根据土地利用总体规划，对破坏生态环境开垦、围垦的土地，有计划有步骤地退耕还林、还牧、还湖。 Whereas reclaimation of a land or rounding up of a land for reclaimation would give harm to ecological environment the land concerned should be restored as forerts, pasture fields or lakes step by step and in a planned manner according to the general plans for the utilization of land.
- 依照本条第二款的规定支付土地补偿费和安置补助费，尚不能使需要安置的农民保持原有生活水平的，经省、自治区、直辖市人民政府批准，可以增加安置补助费。但是，土地补偿费和安置补助费的总和不得超过土地被征用前三年平均年产值的三十倍。 Whereas the land compensation fees and resettlement fees paid according to the provisions of the second paragraph of this article are not enough to maintain the original level of living, the resettlement fees may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities. But the combined total of land compensation fees and resettlement fees shall not exceed 30 times the average output value of the three years prior to the requisition.
- 经国务院批准的大型能源、交通、水利等基础设施建设用地，需要改变土地利用总体规划的，根据国务院的批准文件修改土地利用总体规划。 Whereas the purpose of land use defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by the State Council, it shall be changed according to the document of approval issued by the State Council.
- 因处分抵押财产而取得土地使用权和地上建筑物、其他附着物所有权的，应当依照规定办理过户登记。 With respect to the right to the use of the land and the ownership of the above-ground buildings and other attached objects acquired as a result of the disposal of the mortgaged property, transfer registration shall be undertaken in accordance with the relevant provisions.
- 地上建筑物、其他附着物抵押时，其使用范围内的土地使用权随之抵押。 With the above-ground buildings and other attached objects, the right to the use of the land within the limits of use of the said buildings and objects shall be mortgaged accordingly.
- 土地使用者转让地上建筑物、其他附着物所有权时，其使用范围内的土地使用权随之转让，但地上建筑物、其他附着物作为动产转让的除外。 With the transfer of the ownership of the above-ground buildings and other attached objects by the land users, the right to the use of the land within the limits of use of the said buildings and objects shall be transferred accordingly, with the exception of the movables.
- 国务院对外贸易经济行政主管部门在收到国务院建设行政主管部门书面意见之日起30日内作出批准或者不批准的书面决定。 Within 30 days of receiving the response, the foreign trade and economic cooperation administration department of the State Council shall decide whether or not to approve the application and express such a decision in written form.
- 在土地承包经营期限内，对个别承包经营者之间承包的土地进行适当调整的，必须经村民会议三分之二以上成员或者三分之二以上村民代表的同意，并报乡（镇）人民政府和县级人民政府农业行政主管部门批准。 Within the validity term of a contract, the adjustment of land contracted by individual contractors should get the consent from over two-thirds majority vote of the villagers' congress or over two-thirds of villagers' representatives and then be submitted to land administrative departments of the township (town) people's government and county level people's government for approval.
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