According to the classification of ownership, China's land is divided into collective land and state-owned land. According to the classification of access, state-owned land is divided into state-owned allocation and state-owned transfer. The state-owned allocated land is the land allocated by the state to units or individuals for free use. Can state-owned allocated land be transferred? What are the provisions of the state-owned allocated land policy in 2019?
According to the Provisional Regulations of the people's Republic of China on the assignment and transfer of the right to the use of state owned land in cities and towns:
Article 43 The term "allocated right to the use of land" refers to the right to the use of land acquired by land users in various ways without compensation according to law. The land users mentioned in the preceding paragraph shall pay land use tax in accordance with the provisions of the Provisional Regulations of the people's Republic of China on urban land use tax.
Article 44 the allocated right to the use of the land shall not be transferred, leased or mortgaged except as provided for in Article 45 of these regulations.
Article 45 If the following conditions are met, with the approval of the land administration department and the real estate administration department of the people's Government of the city or county, the ownership of the allocated land-use right and the above ground buildings and other attached objects may be transferred, leased or mortgaged:
（1） Land users are companies, enterprises, other economic organizations and individuals;
（2） Having a state-owned land use certificate;
（3） Having the legal property right certificate of the above ground buildings and other attached objects;
（4） To sign a contract for the assignment of the right to the use of the land in accordance with the provisions of Chapter II of these regulations, and to make up the fees for the assignment of the right to the use of the land to the local municipal or county people's government or to offset the fees for the assignment of the right to the use of the land with the proceeds from the assignment, lease or mortgage. The transfer, lease or mortgage of the allocated right to the use of the land as mentioned in the preceding paragraph shall be handled in accordance with the provisions of Chapters III, IV and V of these regulations respectively.
Article 46 the land administration department of the people's Government of the city or county shall confiscate the illegal income of the units or individuals that transfer, lease or mortgage the allocated right to the use of the land without approval, and impose a fine according to the circumstances.
Article 47 If a land user who has obtained the allocated right to the use of the land for free stops using the land due to relocation, dissolution, cancellation, bankruptcy or other reasons, the municipal or county people's Government shall recover the allocated right to the use of the land for free and may grant it in accordance with the provisions of these regulations. With regard to the allocated right to the use of land, the municipal and County People's governments may, in accordance with the needs of urban construction and development and the requirements of urban planning, recover it free of charge and sell it in accordance with the provisions of these regulations. When the allocated right to the use of the land is recovered without compensation, the people's Government of the city or county shall make appropriate compensation for the above ground buildings and other attached objects according to the actual situation.