Amhara Lease ZIKRE
Transcription
Amhara Lease ZIKRE
- 1 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -1 17X A- 23 R B 5 2004 . 17th Year No 23 Bahir Dar 11th, September 2012 I !"# $%&' (A* &+ , -. / -1` ZIKRE-HIG OF THE COUNCIL OF THE AMHARA NATIONAL REGIONAL STATE IN THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA (AJ K & -----Price A* &+ , -. / QRST (H *23 4& 103/2004 . ISSUED UNDER THE AUSPICES OF THE COUNCIL OF THE AMHARA NATIONAL REGIONAL STATE ( U.V. 312 P.o. Box Contents Regulation No.103/2012 -< The Revised Amhara National Regional State Urban Land Lease Holding Regulation, Council of the ?@ ' A*.>B4 Regional Government Regulation. >EFG (H (,, A* &+ (=>* E4D , -.>BI / 4& 4& 103/2004 103/2004. A* &+ , REVISED COUNCIL OF REGIONAL -< A ?@ ' GOVERNMENT REGULATION ISSUED TO (>EEA2 (=>* A*.>B4 (H (,, -.>BI / 4& REGULATION No.103/2012 PROVIDE FOR THE ADMINISTRATION OF THE URBAN LAND LEASE HOLDING IN THE AMHARA NATIONAL STATE. - 2 - 23 • 5 (-Y RA/T BZ 2004 . Zikre-Hig Gazette No, 23, 11 1-.@[ WHEREAS, th Day of September June, 2012, P a g e -2 it is clearly provided by the Constitution ,\ E4]^2 (1&D (-. _& that land is the property of the State and the people and .A`T -a -AH E4*Zb, (>4T thereby it is neither sold nor bought; -`cd _$e ==>A2 (Tf Ighi U'# WHEREAS, the lease proclamation has been amended (> - (-Y A] <j (-Q that land provision system which is in harmony with free -&D Zc -& ' (*.>Ak l4 market economic policy of the country, the right to use it ,\ >AZm E!@Hn (' AKo -EEpd and the process of transferring such a right are clearly identified and recognized thereof; ,[ p =>"[ 4 #, (H q (' WHEREAS, it is found necessary to newly amend a AKr ED (,p (' 4& >=A2 sp regulation which resolves working procedures and gaps sp H4 ' < RA-R@t2 prevailing in the existing regional lease regulation so as >u vw@ #xyI (T2 (' .$ to make, lease tenure which were carried out in a discrete manner due to the fact that urban centers in the region HD >DRz `h E!, A*I TR{ have not fully entered into lease system following the (,p (' 4& Z (T{ k>m[D lease proclamation issued previously and the regional (A] [|[ (ik 4& A!. -, lease regulation, consistent and harmonious/congruent. AEFG *u} *.^Ad _ Ak 4~ >EFG (H q (' AKr Whereas, it is appropriate to prepare a regulation through > (,p -, =>"[ >R A*I -Y ' E!b, which the regional cities are directed in lease tenure with <A a view to fully implementing the amended proclamation (i- 4& =Hne >R vw@ issued in nationwide by harmonizing it with the current objective conditions * *u} >z -`cd (A* ,, -.>BI / >EEA2 NOW, THEREFORE, the Council of the Amhara (&y ,p -. A 58 /7/ ED National Regional Government, in accordance with the (=>* ?@ ' .A- H 2 AKr powers vested in it under the provisions of Article 58 721/2004 . A 33 /2/ >]Q2 ., Sub-Art. 7 of the Revised National Regional Constitution -] AKo iRD > A*.^ Z 4& A2, k, AI -, and Art. 33 (2) of the Urban Land Lease Holding Proclamation No.721/2011, hereby issues this regulation. PART ONE - 3 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Qn GENERAL 1. A E. Z 4& Day of September June, 2012, P a g e -3 1. Short Tile “(=>* .A- This regulating may be cited as “The Revised Urban A-4 (H ,, -.>BI / Land Lease Holding Regulation No. 105/2004 , 4& Council of the Regional Government Regulation ?@ ' 105/2004.” >&G 'Q. Z[, No.105/2012” 2. 2. Definitions 1. 4& 2. n Z (KpD “'”j “=>*”j “(=>* ?@”j “TR n”j “(=>* ”j “(' -TE K”j Z@”j “(1& 1. In this regulation words and phrases such as “lease”, “urban possession”, center”, “public “urban interest”, land”, “urban “old plan”, “@”j “4R”j “([|@ ”j “tender”, “allotment”, “lease benchmark price”, “R@ “grace period”, “standard”, “construction start-up”, *F *QDn”j “R@ *QDn”j “, “half-completion of construction”, “completion of “.@BI”j _ “R@ ZB “*ct$ -}-”j t2 |}m[”j IJ.$” ED “]2” (>] D _[ “(=>* ?@ ' .A- (H 2 AKr 721/2004.” A 2 . (>] t2 construction”, “projects having special national significance”, “manufacturing industry”, and “person” shall have the same meaning as indicated under Art. 2 of the “Urban Lands Lease Holding proclamation No.721/2004. ZhtK, 2. (p AR& (i]Q2 x,`T .> 4& 2.- 2. Unless the context otherwise requires, in this regulation: _. “AKr” AKr” *A (=>* ?@ ' .A- A-4 (H 2 AKr 721/2004 A. “Proclamation” shall mean the Urban Lands Lease Holding proclamation No.721/2004. . T2 A. “AR& Aq Ax,” Ax,” *A =>"[ B. Appropriate Organ” shall mean an organ legally -Y A*.>B4 ED A*,* authorized to administer and develop lands in ., (>]Q2 Ax, T2 unbans. . “,,” ,,” *A (A* &y -. “z|” z|” *A (A* ,, T2 , -. C. “Region” shall mean the Amhara National Region. D. “Bureau” shall mean the Amhara National Regional - 4 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 IJ.$D =>* ,* z| Tq . “]TI A,R Z@” Z@” *A th Day of September June, 2012, P a g e -4 State Bureau of Industry and Urban Development. AR& E. “Undocumented Holding” shall mean a holding (>u HZ >A (-. -Kn seized legally or recognized by various government E2nD (>]Q2 Z@ `h AR& RAq structure and has no holding certificate provided by Ax, appropriate organ. (i] (Z@ . H (A2 Z@ T2 . “H Z@” Z@” *A AR& RAq Ax, F. “Unlawful Holding” shall mean land which is not E2nD ,>]Q2 ED H -I recognized by the appropriate organ and held in an (>u ?@ T2 unlawful way ]. “-H R@” R@” *A -H Z@ Z (>TR HZ G. “Unlawful Construction” shall mean any type of Z@ Z AR& construction which is constructed on illegal/unlawful Aq Ax, (R@ ^I Z] (>TR holding or on legal holding where an appropriate *Xq ZT R@ Tq organ did not allow construction permit. a.“, @” @” *A AKo A 11/7/ ED /8/ Z @ (>-A=e AR& H. “Special Tender” shall mean a kind of tender in |}m[ (i] which projects specified under the provision of Art. 11 (7) and (8) of the Proclamation are granted in bid (@ thereof. ZT T2 . “(@ A.^i I” I” *A =-Y ,*D *wr- constituting from land development and management HZ (-Y An? ED A.>B4 KD core process or land provision and administration (. l4 HZ ET (< 4m[ core process or, in towns in which such work pRt2 processes (-Y (' (*-bt HZ (@ (< “Tender Executive Team” shall mean an organ l4 =>"[ KD I. AR& @ RA2 Ax, vw@[ >R E!=D2c l4e E!.^s (i-4 (>A( (s .& t2 are absent, from those permanent employees having varied expertise and are assigned by an appropriate organ to perform facilitation activities of land lease tender conditions or execute the tender process thereto. i ]>[ x>> Ax, T2 . “(' -& *.>A K” K” *A J. “Leasehold Right transferring price” shall mean - 5 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 Day of September June, 2012, P a g e -5 R@ ,>=DHT HZ =*F @[ an outcome obtained through calculation by the (>TR R@ addition of price of the seller and the local maximum -& #>Ak ^ (' -Y ED price at the period of marketing and by dividing the &Ze i=DH Hn Aq (AxRz sum by 2 or the price which the appropriate organ =k>X (@ K I AvA >xkG consent on it specified in the regulation where a lease (i¢ (l& q£ HZ AR& Aq land right on which no construction or below half- E (¡ K Ax, 4 >-Qq -] .T (]Q K Tq >. th ”/” /” *A AxRz =>* A-h$j HZ *. AIj A* construction is undertaken is transferred to the third party. K. “House” shall mean a construction which any legal or construction permit is offered by the appropriate HZ A*X2 A,G (> organ and has been constructed or being under HZ -] Z A *X2 construction for the purpose of residence, business, HZ (R@ ^I AR& RAq Ax, social or any other services >]m (>xy4 R@ T2 t. “x” x” *A ?@ A& -I (u2 (=>* n E!An appropriate organ may effect in kind or cash or in AiH] ]2 AR& A2 Ax, =?@2 both for the person who is decided upon him to AiT2 evacuate urban land he has lawfully held due to & #R, L. “compensation” shall mean a payment which the AZT HZ u& HZ vAe (i^¤ k T2 public interest to compensate the property to be removed from the land ¥. “ZR¢ ]i R¦” R¦” *.AnD (x *A (=>* ?@ i-A= established in towns so as to examine and decide (i (ZR¢ A/e@[ AKo ED appeal complaints which are submitted to it -] pertaining urban land clearing and compensation A*(D A-H] =>"[ (>- Ax, issues pursuant to powers vested to it under the T2 proclamation and this regulation. 4& B[ M. “Appeal Hearing Council” shall mean an organ >]Q2 ., T. *X2 HI §@ (>A¤2 (¨ Z,© 3. (>^fiT H] N. The provisions set out in the masculine gender shall also apply to the feminine gender. 3. Scope of Application - 6 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 Z 4& >^i (i`Tq- 1. _. iH * =>*2 ]2 R,>u A. Urban land which is not occupied by any person when while issuing this regulation; -Kn ª HZ B. The urban structural plan or old possession to be A.>B4{ (,* EnI - iA* developed on the basis of development plan of the TR Z@ Zd administration; . ' A- >Q( *X2 TR Z@ Zd C. Any old possession as are requested to enter into lease; -. = 4 ' >« (=>* ?@[ Zj D. Urban lands which have been entered into lease previously; . =>* A.>B4 H] ,, 2. (i¢ *Xq -Y Zj (>4T2 zh E. Any land located within an administrative boundary of an urban center; . U. A 4, > Z A A4 F. Notwithstanding the provision of Sub-Art. (E) of this Article hereof, with regard to landholdings of i-A= -.>BI //e iH 2 farmers implementation directive to be issued by the council (A^ --$ (iH] ( 4& A 9 I¯ E4>Q `h G[ shall be determined by detailed of the government. Z`D, 2. Day of September June, 2012, P a g e -6 1. This regulation shall apply on: (=>* ?@ Zj A. th TR Z@[ Z 4 >^i (i`T2 AKo A 6 -] 2. Without prejudice to the provisions of Article 9, the regulation shall apply to other old possessions in accordance with Article 6 of the Proclamation. Z`D, k, vA (=>* -Y ' .A*.>B4 4. -Y ' AR& .Ai] ., ED ( AR& PART TWO LEASEHOLD ADMINISTATION OF URBAN LANDS 4. Modality of Holding Land through Lease and Plan Properness 1. ( 4& A 6 I¯ E4>Q 1. Without prejudice to the provision of Article 6 of `h *X2 (=>* ?@ (iu2 ' this Regulation hereof, any urban land shall be held .$ &b T2 only through leasehold tenure. 2. (=>* ?@ ' (i^42 _. KDT @ ED 2. An urban land shall be permitted by leasehold: A. Mainly through tender and ; - 7 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 A. 4R Z`D, B. 3. A\ -] ' (i^42 ?@ (=>*2 Through allotment. 3. Land which is permitted by leasehold pursuant to this Article shall be on the basis of the urban site (AxRz ,* E!v G[ >z plan and detail local development plan as well as (`c (-Y AQ h[ - other appropriate land use plans. Z`D,d ED Day of September June, 2012, P a g e -7 *I -Kn th Z A Z -4 Zh@, 5. H4 ' < .Ai =>"[ 1. AKo A 5 /4/ >4T2 -] ,p 2. 5. Urban Centers Enter into Lease System 2. (i =>"[ 1. In accordance to the provision of Article 5 (4) of the A. proclamation, towns within the Region shall - 2. H4 ' . >QD2 completely enter into lease system within the period ZRp: of five (5) years. A /1/ >-Q2 ( 4& -² ED (³ ' Sub.Art. 1 of this Art. that when and which towns z|2 enter into lease system, the detailed program shall, >urm A,p / E( #H] having been prepared on the part of the Bureau, be >^i Z`D, implemented by the Council of the Regional E4i =>"[ -_ H4 2. With regard to the time limit specified under &{ Government upon its submission by the Bureau. 3. AKo A 5 =>"[ -@ /4/ - >A 3. A lease holding certificate to be prepared for the (-Y (´Z >- land transferred in tender with initial rate of annual A>A^ -Y land rate in various towns pursuant to Art. 5 (4) of (iu}2 (Z@ (. H TR the proclamation shall be on the basis of old lease .$ -] Z`D, tenure. -TET @ AR& 4. ( A /3/ I¯ zh >A^2 -Y Z ,*e ' (ih2 RA*=DH . 4. Notwithstanding the provision of Sub-Art. (3) of this (,* @D Article hereof, obligation of development and (iH]42 E~ measures to be taken due to failure of undertaking RA2 the development on the transferred land shall be on i>B4{ =>"[ the basis of implementation procedure of towns (A^ < -] Z`D, which are administered under lease holding system. 6. TR (=>* ?@ A.>B4 >-A=> AKo A 6 /3/j/4/j ED /6/ 6. Administration of Old Possessions Without prejudice to the provisions indicated under Article 6 (3), (4) and 6 of the proclamation, old - 8 - 23 • 5 (>-A=e 2004 . Zikre-Hig Gazette No, 23, 11 possessions shall continue as they are until it is -] determined having been discussed it with public and =1 >HZm ED D undertaken detailed study pursuant to Art.6 (1) of the >=D2h E.=iH] I. Rp vw@ proclamation. AKo A `h Day of September June, 2012, P a g e -8 TR Z@[ E4>Q th 6 /1/ TR Z@T (ip Z`D, 7. TR (=>* ?@ ' .$ 7. Administration of Old Urban landholdings .A*.>B4 1. through Lease TR Z@[ AKo A 6 /3/ -] 1. Where old possessions are transferred to a third party =2. .> *Dt2 -I H4 through any modality, other than inheritance, in µ.>X H #>A¶ ' .$ ED -TE accordance with Article 6 (3) of the proclamation, it K `h- shall be through lease hold tenure and benchmark price and: _. Z@ (>A^A ]2 (Z@2 A,G =>*q -Kn A. Service of the holding/land for a person to whom the HZ AxRzq holding is transferred shall be determined as per (,* -] (iH] `h (2, basic plan of the urban or development plan of the u-c locality and its period of contract shall on the basis AKo AA,Ge >H]T2 of period of lease fixed for the service in the (' u- -] Z`D, proclamation. A. Z@q A,G E(]Q (Tq B. Where the holding/land has been served for both AIr ED A-h$ (AI&,n) =`T organization and residence (mutually), a contract qA@ (i^ -q shall be made/concluded on the basis of land sue as (-Y AxRzq AQ -Kn >-A=>q indicated on basic plan of the locality. -] Z`D, . H4 .>X H (i>Ak TR Z@ H4 ' (iRq i2 ]TI >-A=>q (?@ . -] Z`D, C. Old possession to be transferred to a third party shall be made to a lease hold in accordance with size of the plot specified on the document submitted thereof. -. = Z 4, > // (>4T2 zh -. ,¹ (>ªq D. Notwithstanding the provision stipulated under C (?@ herein above, if the size of the plot obtained through . ]TI =>ª2 xT] -. ,¹ site measurement is less than that of the size >ªq (?@ . (iH] Z`D, obtained in the document, it shall be determined `h -. ,¹ (>ªq (?@ . upon the size of the plot obtained through field - 9 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 ]TI =>ªq =AQ --$ (iH] th Day of September June, 2012, P a g e -9 measurement, provided, however, that if the size of Z`D, the plot obtained through site measurement is greater than that of the size obtained in the document, it shall be determined by directives. . 4 #, #=^, (T2 -@ (?@ E. Annual land rent which has been paid previously ´Z $ `h (?@2 (' -TE K remains and the result that the amount of money ?@q . >Rm (iªq (u& obtained through multiplication of -Q AA,Ge >-Q2 (-^ benchmark price by the size of the plot of land and divided by the period of payment fixed for the >xkG (iª2 2£ (-e service shall be paid every year. Z=^, . º2 lease k E!^ F. The lessee shall, although he is not compelled to RZ4I (-^, k xA2 =Qn2 make advance lease payment, have the right to pay it (' k (i@]& nIi k AR& which is counted to the total lease payment to the A2 Ax, (-^ -& ZhK, appropriate organ if he is willing to do so. ]. = (' nIi Z -] G. Pursuant to the provision of (F) hereinabove, if the -^ lessee submits a written request a grace period after ([|@ E!]Q2 »2 vk effecting advance lease payment, he shall be x permitted two years grace period. RA-&e 4, > (nIi (vA // k - ([|@ Z^IA@, a. (' u-c -¼Q (i}q (' q, =>^- }| H. The lease period shall enter into force as of the date Z`D, . (/e . =?@2 . w (kk, of the signing of lease contract. I. Where the property owned with a certificate of IE >],m i] (& RA/T property ownership, having been calculated the *3 4&> (>u & =2. dividend of the ratio of size of the house to the .> H4 .>X H #>Ak premises is transferred to a third party other than z2 (kk, w IE Z (>DQ, inheritance unless ascertained the individual use of >QiTe E.x,>Q I. /e &b the dividend ratio of the common premises, only the house shall be treated through lease holding. ' AR& Z.>DB, 2. TR ED ' .$ (i>B4{ Z@[ >RZT A2 (R@ ^I #ht2 2. Where landholdings administered under old and lease hold tenure have acceptable construction permit and the merging of those holdings maintains - 1 0 - 23 • 5 ED (Z@³ .@BI 2004 . Zikre-Hig Gazette No, 23, 11 -, (Q `h (FEh TR{ H4 ' delineation th Day of September June, 2012, P a g e -10 standard and old possession is transferred into lease hold: #a :_. (?@q A,G (=>*q -Kn D (FEh .@BI i^n4q A. Service of the holding shall be in conformity with urban plan and delineation standard; -] Z`D, A. TR{ Z@ H4 ' (iR2 (-Ye B. The old possession is converted into lease hold (' -TE K >=kG #` I" by having been paid ' T2 the land and the holding previously obtained 2, Z ]^2 K Z, (vAe through lease shall continue as per to the price Z@[ signed on the contract. The effect of payment of (>ªq Z@ (k >^" A^ >DQ, lease benchmark price of the two holdings shall be pursuant to their (tq q, -] Z`D, individual contract. . (' u-c (iH]T2 RA-&e I" ' ªq ?@ =>^4A C. The lease period shall be determined through (' calculation of deducting the period that the lessee u- (>Q- -T. $2 has used from the lease period permitted to him (' u- ED A!. H4 ' AiRq for the land he has obtained previously, summing TR u- the remaining lease period and that of the lease A*x period to be permitted to old possession to be Z@ (i^4q (' -4-D AvA *x^, entered into lease system and dividing the sum by *. Z`D, two. -. TR{ (' q, 'QDn A. - D. Where the former lease contract remains ten or HZ =A. - T] (q less than ten years for its expiry, a request of an =`T application to merge the two holdings shall not be vAe Z@[ A*, (i& » >RZT AZhq:: 8. H4' .$ .A*Z TR acceptable. 8. Old possessions not Converted into Lease Z@[ Holdings AKo A 6 /1/ ED 4& A 6 Without prejudice to Art.6 (1) of the proclamation (>4T2 E4>Q `h (i=>p TR and Art. 6 of this regulation hereof, the following Z@[ H4 ' .$ (i AZ` old possessions shall not be entered into lease holding tenure where: 1. 2. AR& (>ª TR Z@ 1. Where the inheritors of the old possessions have - 1 1 - 23 • 5 RA-&m[ FEhq A-=^, 2004 . Zikre-Hig Gazette No, 23, 11 » An2 >RZT A¢m th Day of September June, 2012, P a g e -11 applied to share out same among themselves and the parceling have been found to be acceptable in accordance with the plan and they are permitted #^It2d thereof; 2. k½ (>A TR Z@ t2 R,D 2. The parcel of old possessions of a divorced husband i. >H]T2 >RZT AR& A¢m FEhq and wife has been acceptable with the plan in a Z@t2 manner determined lawfully and they share out their holdings; #=^pd 3. k½ (>A R,D i. HZ (2. 3. RA-&m[ Z@2 (>A^ ED Z 2w decision of share is passed out and one of them or HZ some of the inheritors have paid its assessment and =2. RA-&m³ = G³ e =kA2 possessed same thereof , and the parcel has been Z@2 QAp ED FEhq acceptance with the plan; =vAe (kk, Divorced husband and wife or inheritors that A4X2 >RZT ª E4`Td 4. A& n #R, =TR Z@t2 >T¾ 4. The land to be obtained which the owners who are (`c RA-&m[ T (i ?@j displaced from their old possessions due to public interest; 5. ]TI A,R --$ Z@[ -] z|2 (Z@ iH 2 5. Non-document holdings shall be caused to have *3 ]TI holding certificate in accordance with a directive to be issued by the Bureau; E! Z4, j 6. 4 u- AKr 47/1967 ED 6. Holdings which have been nationalized in Derge G[ [ -] (>H¿ `T2 AR& regime pursuant to Proclamation No. 47/1975 and RAq Ax, > >q AI" RAZ@[ other laws and are caused to be reimbursed to former E!-A¿ (iH]c Z@[j holders having been examined by the appropriate organ; 7. AKo T$ @" =-q e 7. Before the publication of the proclamation in the - Negarit Gazzetta: _. -. (,* Irm[ >¼ $ À}# , (>^ -Rtq >FQq `Tq q, (.--& (F q, AR& RA2 Government Developmental by Organization Inspection Agency and their title of property have not been transferred yet; qq ,>^ -Rtq Z@[j A. A. Holdings sold and concluded a contract Ax, B. Old possessions being registered in a manner of - 1 2 - 23 • 5 (>-u HZ (A,G k// k 2004 . Zikre-Hig Gazette No, 23, 11 (¤4 (>^¤-Rtq Day of September June, 2012, P a g e -12 ED sale contract by appropriate organ or ratified by TR court and thereby service fee has been exacted thereto; Z@[j . ARg[ >-F ,>4 &I *.=^ Ár th (>a &m[ (]^{Rtq C. Holdings on which properties are attached thereon and sold in auction for exacting unreturned loan for banks. Z@[j -. A& n #R, >T¾ (`T º HZ .Â@ AR& (>ª ]TI A,R D. Non-document holdings obtained through purchasing or gift and evicted due to public interest. Z@j 9. .A.A-H Z@[ ED -H 9. Unlawful Holdings and Unlawful R@[ 1. AKo Construction A -] 6 AR& /4/ ED A2 /5/ Ax, I¯ 1. Where holdings/possessions occupied without the Z^nI authorization of the appropriate body pursuant to Art. (>« Z@[ ==>*2 D =FEh 6 (4) and (5) have found to be acceptable in .@BI A >RZT (i =`T accordance with urban plans and parceling, they may, z|2 iH 2 --$ -] having been lawful pursuant to a directive to be >42 H4 ' .$ ' Z[p issued by the Bureau, be converted into lease holding tenure. 2. A /1/ (>4T2 zh (/ 2. Notwithstanding the provisions of Sub-Art. (1) of this R@ (A -H Z@ construction may be unable to make it legal. *I AZb, 3. H -I Article, unlawful holding/possession having no house (>u / Z@ (=>*2 -Kn (>] 3. Where unlawful holding/possession which a house j (AxRz has been constructed thereon is made legal in ,* ED (FEh -] accordance with urban basic plan, local development *I plan and parceling plan and converted into lease >4 H4 ' < system: #a:_. RAZ@2 =>* >-Q2 (A,G (AxRz AZT =k>X AA,Ge -] (' >-Q2 K A. The lessee shall be made to conclude lease (-Ye contract in accordance with lease period specified -^, for the service by effecting local maximum lease (' u- value of the land as per the type of service of the - 1 3 - 23 • 5 -] (' 2004 . Zikre-Hig Gazette No, 23, 11 2, Z4, (2, =>KKA E!KK, u-c }| 2, th Day of September June, 2012, P a g e -13 urban plan. The contract period shall be from the date of the conclusion of the contract. (i¼Q Z`D, A. H -I (>u2 Z@ B. Where the unlawful holding is for the purpose of A,G =`T residential house, the holding shall be made legal RAZ@2 (-Ye (' -TE K for the owner having paid lease benchmark price =kG ?@2 of the land. (-h$ / Z4A@, . AKo A 20 /2/ -] ,p (iH]T2 (' k payment of the lease to be determined by the (-^, @ Zh@, $2 Region pursuant to Art.20 (2) of the proclamation. (' The remaining lease price shall, having been K nIi C. He shall have an obligation to effect the down -^ u-c E, *x^, (A-e (i=k, Z`D, divided it by its period of payment, be paid every year. 4. -. RAZ@q ?@q =u }| D. The owner shall have the duty entirely to pay the Aq (?@ ´Z AR& A2 Ax, land rent commencing from his occupying the land AQG -^, ZQn@, (?@2 to the appropriate organ. Calculation the rent (´Z k (i]2 Z@2 fee/payment of the land shall be on the basis of E.=`T I. < Z Kp operational land rent rate until the holding has (?@ ´Z >- -] Z`D, become legal thereof. H4 ' A^I < (>« R, (>T found within towns in which lease system is not j operational are made legal in accordance with the (AxRz ,* ED (FEh basic plan of the urban center, local developmental -] plan and parceling plan, they shall, without prejudice A /3/ 4, > /-/ (>-A=>2 to the obligation of effectuating the payment R@[ Z@[D =>"[ 4. Where unlawful occupied holdings and constructions (=>*2 *I -Kn #4 k (-^ @ E4>Q `h (R@2 Qn -m (R@2 .@BI AR& @[ they shall be caused the payment of sixteen per cent 16 =i^42 5. Where the manner of the construction is below the E!=kp Z4, 5. indicated under Sub. Art. 3 (E) of this Art. hereof, =`T RA-&e (16%) of total estimate of the construction. ED standard permitted thereof, they are expected to put =>"[ i.*s -Á-& -] into practice by concluding a contract in conformity - 1 4 - 23 • 5 -Kn ED iQZ >R 6. (AxRz AR& 2004 . Zikre-Hig Gazette No, 23, 11 ,* q, with the requirement of basic and local development -KK, plan on the basis of the program that the owner and urban centers consent thereto. Z@ Z A>] -H R@ (i HZ `h =FEh #¢ n Day of September June, 2012, P a g e -14 *I ZQnRtK, =-Kn th 6. Where unlawful construction on lawful holding/possession has been found in conformity (i=^, with basic or parceling plan, it shall be liable to a Z`D, A^ s- penalty. Its execution shall be: _. (R@ D ^I Zh2 (>^ R@ =`T (R@ H2 10 -mj A. Ten percent (10 %) of total expenditure of construction where it is carried out without having its construction plan and permit; A. (R@ (!¡Z !¡ZD A2 ^I =k>X A2 =`T `h (R@ (R@ -. !¡ZD ^I percent (8 %) of total expenditure of construction where it has construction design and permit and the design alternation is great/large; H2 . -m (8%)j . B. Eight A2 `h C. five percent (5 %) of total expenditure of (!¡Z A2 -x=AX =`T (R@ construction where it has construction design and H2 5 -mj ED permit and the design alternation is medium; and R@ !¡ZD ^I A2 `h D. Three percent (3 %) of total expenditure of (!¡Z A2 AT.>X =`T (R@ construction shall be penalized and made legal H2 3 -m n >=kG where it has construction design and permit and (i4 Z`D, the design alternation is minimum . U. A\ = 4, > A E.= E. Alteration standard particulars of construction - (>Q¿ (R@ !¡Z A2 design indicated under Sub-Art. 6, (B-D) of this 4~[ Z 4& A*.^ Art. hereof shall be determined by a directive to be iH --$ ZH]D, issued for the implementation of this regulation. k, µ. (=>* ?@ ' @ HZ 4R .A-.Q 10. A@ HZ A4R (i& -Y -~ A& Z .A*I PART THREE GRANTING URBAN HOLDIND THROUGH LEASE TENDER OR ALLOTMENT 10.Publicity of Information of Land to be Presented for Tender or Allotment - 1 5 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -15 AKo A\ 8 (>4T2 E4>Q `h Without prejudice to the provision of the Art. 8 of the -Y proclamation, land shall be provided for tender or A@ HZ A4R (i2 allotment if the following circumstances are fulfilled: (i=>p vw@[ #p T2 1. =>"[ (-Y -Y 1. Urban centers, based on land development and their *I capacity of land preparations for such purposes and HZ by identifying the quantity of land to be supplied 4R (i]Qq (-Y -Q E!v for tender or granted in allotment every year as @2 (i4Rt2 (,* well as -.g[ focuses on, publicize the annual plans in the first (*u} ,* An*tq (-e A@ ED -] (i2 -A(D A-@ EnI development sectors which the tender quarter of the year: *2 _. A-h$d A. For residence ; A. AId B. For trade . A* A,G (Aj A£Dj AR,j A.U)d C. For social service (for education, health, culture, sports); -. AI4.$d D. For industry . AG[ i, -e (-}-$ E. For others. {& - (- EnJ A& Z -4 AA 2. =>"[ @ A*2 EnBt2 2. An appropriate organ shall have an obligation to A& Z R4 -] AR& Aq implement and be liable to on the basis of urban Ax, centers’ publicizing their plans of bidding tender. (-^ @ ED >QST Zh@, { --$ ZH]D, 3. (@ -TE (@ Kj -~[ 'ª2 Kj (AxRz2 3. Bid minimum price, previous local bid price, (,* EnI ED >¡*r development plans and related information shall be (I" The particulars shall be determined by a directive. , i[, ED AR& p . Z put into practice in a manner openly and easily. accessible to public Unable to implement such acts E!2, Z4, Z AA-^ shall make liable to law. Particulars shall be ( determined by a directive. >QST (i.=, Z`D, - 1 6 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -16 { --$ ZH]D, 4. (=>"[ (H4 Z (@ ?@ r ED A¶ @[ -~ 4. Detailed information of future next bid land of urban centers and previous tenders shall be publicized. A& Z -4 Zh@, 11. (@ A& 11.Offering of Tender 1. @ E4|}e R$ -4X @ 1. Tender may, as a conduct of the project named HZ , @ -R, >DQ, HZ regular or special tender, be put in individually or 'H Z[, collectively. 2. A /1/ (>-A=>2 -4X 2. Regular tender indicated under Sub. Art. 1 of this Art. @ -4X -_-& (iH ED Shall be made at regular program and be cancelled if -}-$2 « z. . >3Ä[ less than three bidders participate in the first round of x, (i] T2 { --$ tender. Particulars shall be determined by a directive. (iH] Z`D, 3. A /1/ -] , @ 3. The lands to be included in special tender pursuant to (ix>e AKo A 11 /8/ -] Sub-Art. 1 of this Article are those ones which are >AZ>2 @ AR& (i.>DJ ED specified under the Art 11 (8) of the proclamation to -}-$2 « AI >3[ z& be treated with in a manner of tender and are made to E!.>DI be treated even if a sole bidder has appeared in the (i4 T2 { first round. --$ ZH]D, Particulars shall be determined by a directive. 4. 4&D Z 4& >=G iH 4. Matters which are not covered under this regulation --$[ (*Za^c B[ AR& and directives to be issued in subsequent of this regulation shall be covered by the proper laws of the Rtq (_$e [ Za^Dp country. 12. .A@ *.@HS 1. (@ -Y *.@HS @ -~ .AiH 2 providing detailed information about the land to be -u} Zh@, { --$ made on the tender. Particulars shall be determined (iH] Z`D, by a directive. *.@HS i] 1. Notice of tender shall be prepared in a manner of -, 2. (@ 12.Notice of Tender EBJ =>* 2. Each urban center shall prepare tender notice in the ,p ED 4, (. E!v official language of Regional and Federal as well as - 1 7 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -17 , @ i` E4A.^Te in English language if it is special tender, as deemed E'X necessary. (iur Z`D, 3. (@ *.@HS @2 =ixyI 3. Tender notice shall be publicized in mass media as =A. (. D -DX &«Á well as notice boards, website of the urban centers E!v or the Region by the appropriate organ ten days *.@HS ]B[j =>*2 HZ ,p I AR& RA2 Ax, prior to the undertaking of the tender thereof. A*xZT A1& Z -4 AA 13. (-Y ' @ *.@HS 13.Advertizing Land Lease Tender .A*2 1. AKo A\ 9 (>4T2 E4>Q 1. Without prejudice to the provision of Art. 9 of the `h (=>* ?@ @ A-kI (@ proclamation, so as to permit urban land through *.@HS (-DX lease, the lease tender shall be publicized at least À.k. through government mass media as well as on FM Y![j*.@HS ]B[ =>*2 radios, notice boards, websites of the urban center HZ or the Region and other mass medias by the z. &«Á -. E!v ,p (-DX I- &«Á ED G[ i-A=>2 Ax, concerned organ. A*x¢T A& Z -4 AA 2. A U. A /1/ (>4T2 2. Without prejudice to the provision of Sub- Art. 1 of E4>Q `h (=>* A.>B4 4~ this Art. hereof, land lease tender to be advertised xt2 (,p =>"[ 2Æ Rp =>"[ in urban centers of the Regional urban centers (iH (?@ @ *.@HS =>*2 which are not at the level of city administration 2.D shall be caused to be posted on notice boards in the G[ (*.@HS AR[ ]B[ =>"[ E!AQk urban center and other neighboring urban centers. Z4, 14. (@ ]TI Zu ED An? 1. (@ ]TI (@2 (@ K ED *nz -~ -HB4$ E!v i] AR& A>3Ä[ (iur Zue --$ (iH] Z`D, 14.Content and Provision of Bid Documents -~j 1. Bid document shall be prepared in a manner of -.^ offering detailed information of the tender, tender price and competative requirement form as well as Z`D, detailed data for the bidders. Its content shall be determined by a directive. - 1 8 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -18 2. (@ ]TÇ[ Zu (iA2 *Dt2 2. Where any adjustment which could alter the *EE =>4 *EE2 >*$ (@ content of the bid documents is made, the ]TIT vp adjustment, as an additional document, shall be *.@HS ]Bj .,j .D G[ announced to those who have bought such bid (-DX u[ document (A.) (. (@2 ]TI A« A*x¢T D >,È q. 5 E!H.J telephone, Fax and other communication means and they are caused to take same within five (5) days. Z4, 3. *X2 >3[ H 2 ( ]B -] in (@q ]TI º &b through procurement as per the timetable scheduled thereof. (i¢ Z`D, 4. (@ ]TI K A@2 *.^ i (iH 2 3. Any bidder shall obtain the bid document only HÆ (i>x -` 4. Bid document price shall have to recompense the expense to be expended for the execution of the tender. Zh@,j 5. @ ]TI É -Q Z 5. No restriction shall be imposed on purchasing -, (i , 4& AZh `h amount of bid documents whatever means; AI provided, however, that no single bidder may be >3[ AAI ?@ =AI (@ ]TI Z -¡ AZ[, allowed to buy more than one bid document for the same plot. 6. >3³ (>"2 (@ ]TI ] @a IÊG >4 Av >R >u} 2. (iR Z`D, 7. (@ ]TI F 6. The bid document which is filled by the bidder shall be sealed in an envelope with wax and inserted into a box prepared for this purpose. (iQDq 7. The sale of the bid document shall be completed at (@ c A- >-Qq T 5:00 pm (five o’clock) on which it is scheduled to 4& 1100 (A. AI ]) `h close tender box and the tender box shall be sealed (@q (@ *.z2 off as soon as the completion of the period of E4>QD tender casting by the tender executive team and an @ A.^i Ic ED AR& Aq Ax, i]Z-q AI @¡z A*x¢T Z Ic (i@a Z`D, A-R¦ (ix> Z`D, { --$ ZH]D, 8. @q iA2 (< =Ëe 400 ] >3Ä[ HZ observer/bystander to be designated by an appropriate organ. This shall be included in the minute. Particulars shall be determined by a directive. 8. The tender shall be opened /unsealed on the next working day at 10:00 am when those bidders or - 1 9 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -19 H´Gbt2 > @ A.^i their legal representatives are present by the tender Ic executive team and an observer to be designated ED AR& i]Z-q AI Aq @¡z Ax, A*x¢T appropriate organ. (i=^ Z`D, 15. (@ *.=$ K.D 1. *X2 @2 15. Bid Bond Collateral (^A 1. Any bidder desiring to participate in the tender >3[ (@ *.=$ K.D R shall have to pledge bid bond collateral in bank >Q statement CPO #ÌO A->k HZ Y u& or in cash. The amount of bid *.=$ bond collateral shall not be less than five percent (5 K.D2 -Qj (Qn (?@2 . %) of the amount obtained through multiplication -TE K2 >Rm =iª2 2£ 5 of total land size with its tender minimum price. *. AAd -m T] >3³ (@ -` 'Ît2 vw@[ (A G[ (i nI- i-A= iH 2 With regard to other conditions to be fulfilled by the bidders, it shall be determined in a directive to be issued thereof. --$ ZH]D, 2. 3. (@ A>aD 2. The bid bond collateral shall be give back to those >3Ä[ 4& A 18 /2/ Z loser bidders in a manner as indicated under the >-A=>2 AR& >-F Z4, provisions of Art. 18 (2) of this regulation hereof. *.=$ (>Q]2 zh 3. Notwithstanding the provisions of Sub-Art. (2) of AaD (`T2 >3[ .u2 (@ this Article, the bid bond collateral belonging to the *.=$ K.D =' nI- k2 winner bidder shall be calculated with the lease `h down payment; provided, however, that unless the AaD 2 >3[ 4& A 17 winner bidder concludes a contract within a time /4/ ED /5/ >H]T2 T 4& 2. limit determined under the provisions of Art. 17, ? A /2/ K.D (i@]&A x,>KKA .u2 Z`D, AaD Te (@ Z]¡, *.=$ K.D AR& A2 Ax, z Z4, { (4) and (5), his winning shall be cancelled and the bid bond collateral which he has pledged shall be deposited to the appropriate organ. Particulars shall be determined by a directive. --$ ZH]D, 4. A /3/ -] AI - 4. Pursuant to Sub-Art.3 of this Art. hereof, the bidder 2. vA AaD Te >,§ ? whose winning was stated to him and did not ,>KKA conclude a contract and thereby the tender has been ED @2 (>]u - 2 0 - 23 • 5 >3[ A>=@³ =>*2 2. 2004 . Zikre-Hig Gazette No, 23, 11 vA Day of September June, 2012, P a g e -20 -@ cancelled twice within a year shall be suspended @ from a tender to be undertaken in the urban center =ixyI for two consecutive years. Z@B, 16. >3Ä[ (*HB4D AaD [ (-A( l4 1. th 16.Process of Competing Bidders and Identifying Winners AKo A 11 /7/ =>Q]q q- 1. With the exception of Art.11 (7) of the proclamation: _. ?@q A-}-$ A@ (H A. at least three bidders shall participate for a plot of =`T AAI (?@ @ z. land tender if the land is offered for tender in the µ. >3Ä[ -n& AARtq first round. A. -}-$q x, « S @q >3[ B. a bid shall be cancelled and a tender shall be Ii caused to be presented again if adequate bidders >] did not participate in the first round of tender. @ E!H Z4, . Ii @2 >-Z .D Z >HBB$ @ C. if three and above bidders do not participate in x, A.>X the second round of tender, the tender shall be Hm q presented for the third time and carried out >HBB$ -Q @q (ixyI among the numbers of the participants. Z`D, 2. (@ AaD [ (i=>p -] -H]c (*HB4$ *I ,\ l4 2. In the process of determining bidder winners, it -.^m[ shall be transparently evaluated and determined on `T AR& the basis of the following competitive criteria: >" ZH]D,_) >3Ä[ A?@2 (@ K 80%j ED A) (' Z`D, 3. nIi A. Tender price which the bidders offer for the land shall be 80%; and k -Q 20% B. The amount of down payment of lease shall be 20%. @ 2£e >3Ä[ KD 3. Where the tender price which the bidders offered (Ït2 @[ >-Z `T2 =-m and the obligations to which they are bound are E, T& xD =2II{ >x[ equal in the bid result and obtained equal point - 2 1 - 23 • 5 2. 4. &tX >HBB$ th Day of September June, 2012, P a g e -21 xA[ (score) out of a hundred and a sole female (@2 AaD EI` Z4, competitor is available among the participants, she = 2 =`T AQZ AaD 2 E shall be declared a winner. If not the winner shall E!AZ Z4, be identified/specified by drawing a lot. A>3> ¨ 2004 . Zikre-Hig Gazette No, 23, 11 ?@ vp -.^m[ I 2£ =k>X2 >3[ (@2 requirements, shall be declared a winner of the AaD Z`D,d A4X (H 2 >3[ tender. Where the first winner did not appear and x,D =vA>X E.= .>X (H second and third winner bidders, having been >3Ä[ n4 >=>, E(>A tq disclosed to them respectively, if he is willing to iª2 T& =-m ª A4X (H q >3[ A@ ]Q2 K =kG ?@2 A-=& (^A xA -&e =H ZQnA@, >3Ä[ E.= ?@q µ.>X 4. A bidder, who has acquired the highest score out of hundred obtained through the sum of all pay the price offered by the first winner and take over, his right shall be respected. The tender shall be cancelled if bidders ranked up to third are not willing to take over the land. A-=& k4X x,`c @2 Z]¡, 5. (@ AXT l4ej ED (>3³ (A] ]TI 5. The tender process, validity of bidders’ document O!e and the quality audit of working procedure shall be verified by the appropriate organ. AR& RA2 Ax, Z , 6. (@ l4e =>QD Ð- 6. After the completion of the process tender, the winner bidder shall be summoned on a notice board or in writing containing the following : _. (AaD 2 ]2 sp .j A. Full name of the winner person; A. aT^ (?@ AIEj B. Location of the land which he has won; . >3³ ?@2 'TR ]2 (f C. Number of floor/story of the building which the =k@ -Qj bidder could construct on the land; -. A?@2 (]Q2 Kj D. The bid price he has offered for the land; . (' nIi k -Qc ED E. The amount of leases down payment; and . (k *QDS 2 F. After being been publicized, in detail, the time of - 2 2 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -22 *.@HS ]B Z ,\ A& completion of lease payment on a notice board, Z =>4 Ð (@ AaD 2 the winner bidder shall be summoned on a notice *.@HS board or in writing containing the following. HZ vk $ Z4A@, 17. @ .A--- 17. Examination of Tender 1. (-Y @ A.^i I @2 1. Executive team of land tender may accept the tender (> T2 &G ', (i[A2 @ as valid and complete only where the necessary ]TI requisitions which are specified in the bid document Z (>uu{ >^ T?[ are fulfilled thereto. >,>2 # &b T2 2. @2 (2 =>uu{ 2. Where the document submitted in the bid differs in a vw@[ certain degree from conducts, contractual words and E!v >^ T?[ >H]T 4~ conditions as well as necessary facts specified ,T z@ZD Zy2 ,T -@ therein and such a difference does not cause basic (`T alteration and it is believed by the tender executive R$[j ]TI (2p A2 D (*.=,D (@2 T ZA2 p '@ (i[, n .> HZ I^ uA -`c @ A.^fi Ic #@- @2 E4> AIÑ 'A2 team that it could be easily rectified without altering the facts of bid/tender, the tender executive team may accept the tender/bid as valid/complete. Particulars shall be determined in directive. Z[, { --$ ZH]D, 3. AR& A2 Ax, A@2 A^ 3. Where the appropriate organ has found a better (>EA u xª @2 sp HZ method for the implementation of the tender, his = , (-] -&e (>Q T2 right to cancel the bid fully or partially is reserved. 4. AR& A2 Ax, >3³ >R 4. The appropriate organ shall have a power to suspend `T =@2 (*I ., the bidder upon objective ground and basic matters A2 l4 enabling the bidder to suspend from the tender ED process and detailed reasons shall be determined by #` >3³ A*I (i -]@ m[ =@ B[ --$ (iH] a directive. Z`D, 18. 1. AR& (@ 2£ .A*4n A2 Ax, (i-q 18. Approving Tender Result 1. A management committee to be established by the - 2 3 - 23 • 5 (*wr- giÒ 2004 . Zikre-Hig Gazette No, 23, 11 (@ th Day of September June, 2012, P a g e -23 q£e appropriate organ shall, having reviewed the tender *( (*4n HZ 2In (*I result, have a power to approve or disapprove same. ., Particulars shall be determined by a directive. ZhK, { --$ (iH] Z`D, 2. 3. (-Y I 2. Executive team of land lease tender shall, having (@ 2£e - AaD 2 reviewed the tender result and thereby identified the E!v =vA>X E.= .>X (H winner as well as those who stood second and third, -A( A@ ABS giÒq (2w submit a recommendation to the tender approval Á& R, committee. ' A @ U. A.^i A/1/ -] 3. If an organ who has been vested power to approve 2£ E! In ., (>]Q2 the result in accordance with Sub-Art. 1 of this Art. Ax, (2 (@ 2£ accept the tender result submitted to it, it shall (iA2 =`T 2£e A vA approve and publicize same on appropriate notice (. D 2. *4n AR& RA2 and web site of the urban center or the Region *.@HS ED =>*2 HZ ,p within two working days from the date of submission of the result. I- A1& Z 4, 4. A AaD /3/ >3[ -] 2£e (>A 2 RA2 Art. 3 of this Art. hereof, shall be made to conclude -I =>A A }| Rp 10 a contract within ten (10) working days from the (. D 2. ? (' nIi period of announcement of the result in an k appropriate means by effecting the lease down -^ vw@ ED * AR& 4. The winner bidder stated in accordance with Sub- >z2 2, nI- E!^ payment and fulfilling appropriate perquisite. Z4, 5. A >3[ /4/ -] @2 AaD 2 2, fulfilling his obligation in accordance with Sub-Art x,^- µ. >*$ (. D 4 of this Art. hereof, a notice/notification requiring ? 2, him to fulfill the perquisite and conclude the E!^ AR& RA2 Ax, // contract within three additional working days shall (*.@HS be caused to be pasted on the notice board of office nI- vw@q ]B A,m 5. If the winner bidder has not concluded a contract by A,m *.QS E!AQk Z4, (@ AaD 2 ? (=>* ?@ ' 2, E.´^ of the appropriate organ. - 2 4 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -24 I. RA-&Te (i AZ` 6. (@ AaD (`T ]2 AaD TeD 6. If a bid winner is served with a written notification (i^*t2 Z >R AR& of his being winner and activities he possibly carries RA2 =T*.QS2 out by the appropriate organ and failed to conclude Ók >,ÈA A /4/ ED the contract and effect down payment within time /5/ >Q]2 T-4& 2. ? 2, limit specified under Sub-Art 4 and 5 of this Art. x,>KKAD nI- k ,^ - =`T hereof, he shall, considering that he does not want Ax, ?@2 E4*Z^,2 AaD Te Z]¡,d >¼| .u2 (@ the land, cancelled and the bid bond ha has pledged shall be deposited into the appropriate organ. *.=$ K.D AR& A2 Ax, z Z4, 7. A 2, 7. The execution team shall, by making similar A.^i summon to the second winner bidder on the basis of Ic vA>X AH 2 >3[ A4X the price offered by the first winner, cause the (H 2 >3[ ]Q2 K - second winner bidder to conclude a contract for the >-Z $ *I A /4/ land which is not concluded a contract pursuant to ED /5/ >4T2 ( 4& 2. Sub. Art. 6 of this Article within the time limit ,>^ - >z2 /6/ ?@ nI- -] (@ vw@ E! *I 2, E!^ 4, 8. A /7/ -] >Q2 ( 4& 2. vA>X (H 2 >3[ x, .>X >-Z EI, x,>x this Art. by making him fulfill the proper prerequisite thereof. 8. If the second winner has not come up within a time limit determined under the provision of Sub- >3[ Art. 7 of this Article, such a similar opportunity Z shall be given to the third winner. And if this does E4>]u fail in a similar manner, it is assumed that the tender AH q Z]QK, @2 specified under the provisions of Sub-Art. 4 and 5 of is cancelled. Z¼Q, 19. (@ *.=$ K/ K/#ÌO 19. Returning of Bid Bond/CPO >-F .A*I 1. S >3Ä[ RA-nRt2 1. The bid bond pledged by those bidders who have =@2 (>]« >3Ä[ .« been cancelled due to the fact that adequate bidders (@ have not participated therein shall be returned to *.=$ Z4tK, K.D >-F same/them. - 2 5 - 23 • 5 2. (@2 AaD [ 2£ =>A =iA2 3. 2004 . Zikre-Hig Gazette No, 23, 11 (< }| th Day of September June, 2012, P a g e -25 2. The bid bond pledged by those loser bidders shall be $³ returned to same/them starting from the next >3Ä[ .« (@ *.=$ working day of announcement of the result of bid K.D >-F Z4tK, winners. @2 2£ vA>X ED µ.>X 3. Where the second and third winner bidders of the (H >3Ä[ AaD 2 ? 2, tender are willing to remain until it is ascertained -KKp E.´ I. A-¼( ED that the winner bidder concluded a contract and if he AaD 2 2£e fails to appear or the result has not been approved x, 4A (@ AaD q A@ and to take over the land by the price offered by the R2 K ?@2 A-, k first winner and notify this to the tender executive x, HZ xtq ED Z *-,=b A@ A.^i Ic #ÌOAtq Z-A. Z[, Z =AÔ .« >-? x,`T '¼Z team, their CPO may not being returned and remain thereof. Otherwise their CPO shall be returned to them. #ÌOAtq Z-A.tK, 20. 1. (' @ A.^i .A*4} =>"[ (i4}2 A.^i I AR (' (i @ 1. Members of lease tender executive team to be n organized in urban centers shall be constituted only among from the permanent employees. >[ &b Z`Dp 2. A zh 2. Notwithstanding the provisions of sub-article (1) of (=>"[ 4~ -] *I (@ this Article, on the basis of the level of urban A.^i <2 centers, tender executive team, as deemed necessary, -4XT i=D2 ¹ Õ HZ a case team or committee who carry out/undertake giÒ '4r Z[, the work regularly, as deemed necessary may be I /1/ (>A 2 20. Organization of Lease Tender Executives EB.^Te organized thereof. 3. (@ A.^i I HZ ¹ Õ (s .& iH 2 --$ ZH]D, 21. (' @ A.^i I Ö T 3. Professional diversity of the tender executive team or case team shall be determined by a directive to be issued thereof. 21. Responsibility of the Tender Executive Team - 2 6 - 23 • 5 A' 1. @ 2004 . Zikre-Hig Gazette No, 23, 11 (>uo th Day of September June, 2012, P a g e -26 ?@[ 1. Cause the taking over of lands which are ready for = ZT Z@ Tf -`Dt2j lease tender by ensuring on site that such lands are FEh t2 -`cD -> ,* free from any holdings, they possess delineation and (t2 are provided with infrastructures; -`Dt2 -. * & 4, 2. (@ $ ]TI u~, 2. Prepare detailed bid document ; 3. (@ *.@HS $ 4, 3. Cause notification of bid notice ; 4. (@ ]TI -a3 K H ,j 4. Set the estimation of sale price of bid document; F =D2D, undertake sale; (@ ]TI *.z u~,j 5. F, 5. Prepare a bid document box; and close off/seal of same. 6. (@q l4 Z-, 6. Direct tender process; 7. (@ AaD q >-Q2 (* 7. Identify the bid winner upon evaluation criteria -.^ ZA,d Á& specified thereof; organize and cause the approval of *4r 4& A 18 /1/ decision proposal upon submittal of same to the -] 2w E!] ., A>]Q2 body authorized with power to decide in accordance Ax, with Sub-Art. 1 of Art. of this regulation. An? (2w I, { Particulars shall be determined by a directive. --$ ZH]D, EBJ 8. (' @ (@2 AQZ l4 (iZ >AZ- bid of each lease tender specifically: _. (@2 A^f¤ <j A. EBJ >3[ A. Implementation system of the tender; A-.^e 2 Ö&D (Rt2 @[j . Rt2 , , ]TÇ[j -. >A( vw@ ( 8. Prepare minutes which show overall process of the *-,=b (*-,=bq j B. Proposal forwarded for the requirement and obligations entered into by each bidder; C. Various documents they submitted thereto; xA D. Particulars of the application submitted to it in various circumstances; . (@2 AaD j E. The winner of the bid; . AaD (`T ED F. Grounds why he is the winner; and - 2 7 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 ]. G[ >3Ä[ aT¶ th Day of September June, 2012, P a g e -27 G. Grounds why other bidders have not won. (u A R¦ u~, 9. A' qk EB -^ (>u -YD 9. Cause the sale of land and land-related property -Y T & EB2 , &b F mortgaged to effect lease accumulated arrears loan .^*, A<2 (>A AR&T only the amount for the loan. Coordinate and direct t2 several assisting professionals appropriate to the Aº s>[ .>R&, work. Z-, k, A PART FOUR (=>* ?@ ' 4R .A-.Q ALLOTMENT OF URBAN LAND 22. -Y ' 4R (i] AR& 1. 22.Manner of Land Lease Allotment -Y ' 4R (i]Q2 AKo A 1. Land shall be granted through lease allotment for the 12 ED projects and sectors permitted pursuant to Art. 12 of u×[ z|q , (A-e EnI ? the proclamation after a plan is submitted through the =¤4 Ð A^ s h[D =>* Bureau every year and thereby approved thereof and A.>B4|[ its detailed implementation shall be put into practice -] A>^4t2 (i> |}m[ Z`D, by the zones and city administrations. Detailed A^ s iH --$ ZH]D, implementation shall be determined by a directive. 2. A /1/ (>A 2 E4>Q 2. Without prejudice to Sub-Art.1 of this Art. hereof, `h AKo A 12 /1/ 4, > lists of other projects to be referred by the President (]) -] ,p YB E(>-{ of the Region and thereby approved by the Council ,p of the Regional Government pursuant to Sub-Art. 1 -.>BI // (iH]c 4& (g) of Art. 12 of the proclamation shall be A*.^¤ iH 2 --$ (iH] determined by the directive to be issued so as to G[ |}m[ Z implement this regulation. Z`D, 23. ' 4R .Ai] ?@[ (» A&D AH] < 23.Procedures of Request Submittal and Decision Making for the Lands to be Granted through Lease Allotment 1. (4R »q -.$ / (>- RA } ( nI- (-. =`T vw@[ G - 1. If the request is submitted by budgetary government office, the following requirements/prerequisites shall be fulfilled that where it is ascertained: - 2 8 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -28 AARt2_. RA} -.$ /e (Z Ö A. by the head of budgetary government office in a 4&B/ #d letter; A. ?@2 (>Q(2 } -e '=DHc B. A@J <[ -`c #d ED that the land is requested for the activities which are planned to be carried out within the fiscal year; and . A|}e (>^4 } -h{ C. That there is available approved budget for the # project. »2 AI Ir ( =`T 2. 2. If the request is submitted by charitable A /1/ Z (>Q]2 nI- organization, without prejudice to the prerequisite vw@ E4>Q `h indicated under the provision of Sub-Art. 1 of this Art. hereof, the holding certificate document shall be prepared in the name of concerned institution by the urban center or the Region or nationwide where: _. Ire (u-c (@4] (R kI A. A2 #`j the organization acquires a renewal registration license; A. .2 A-. AR& xA2 (,, B. -.$ /e (>]Q kI #h2j ED . A-. (@]2 |} >RZT A2 -`c z|2 # it has a permit to undertake the work from the appropriate Regional government office; and C. it is ascertained by the Bureau that the project assumed to be undertaken has got acceptance thereto; (Z@ *3 ]TJ =>*q HZ ,p HZ A 4~ i-A=>q > . (iuo Z`D, 3. »2 *A´ 3. If the request is for places of worship of religious ?@[ =`T AKo A 12 /1/ /-/ organizations, it shall be treated in a manner to be -] determined iH.T2 AET (,p AR& >* -.>BI (i^¤ // Z`D, { --$ (iH] Z`D, by the council of the regional government I accordance with Sub-Art. 1 (d) of Art. 12 of the proclamation. Particulars shall be defined by a directive. - 2 9 - 23 • 5 4. 2004 . Zikre-Hig Gazette No, 23, 11 »2 -. (=>* (-h$ / U'# - 4. If the request is for the land to be provided on the basis of public urban residential housing policy, it iH shall be implemented in accordance with enacted --$[ - Z>, policy and detailed directive to be issued subsequent U'#D -Y Day of September June, 2012, P a g e -29 =`T H 2 Ai& th >=A2 to the policy. 5. A*ct$ G[ 5. The request to be submitted for manufacturing, (i& industry and other allotments indicated under the (-Y » -]@ T (|} proclamation detailed study of the project shall D (>A -` AA basically be complete thereof. AKo 6. IJ.$ A>-A=e ED 4R[ A = /1/ E.= /5/ (>-A=e -]@ nI- vw@[ -@t2 AR * nI--vw@³ 6. The project or sector which fulfills basic prerequisites specified under Sub-Art. 1-5 of this Art. hereof shall be provided with an appropriate uk land size in compliance the existing standard by ih2 .@BI -] >z (`T appropriately verifying the fulfillment of those (?@ . 4R (i]Q2 Z`D, prerequisites. A,m A>ª |} HZ 24. ,* (iT¿ TK$[ -, A*.^ .Ai] ?@ (=>* ?@t2 =>* -, ,* Displaced Residents Due to Development A 12 -] HZ Without prejudice to compensation payment system to be AiA made for the residents who are to be evacuated due to TK$[ (i42 (x A=^, . AR& development or urban renewal development be directed by the proper law: RA2 1 (i- -`c E4>Q `h1. AKo *,* 24. Land Provided to Resettle those Z@2 1. A lawful holder of old possession made to evacuate (TR Z@ RA-& his holding in accordance with Sub.Art. 2 of Art. 12 >- ¢ ?@ TR{ (´Z .$ of the proclamation shall be entitled to a substitute Z]QK, pot of land in the old rent rate tenure. Particulars E!An (>4 { /2/ iH --$ ZH]D, shall be determined by a directive. 2 . (' Z@ RA-& (2, u-c =-I¿ 2. The lessee shall not be made to evacuate his land ?@2 E!An AZ4 `h before the period of contract; provided, however, Z@2 A& n #R, (i^A #` that where the holding is required due to public - 3 0 - 23 • 5 (' Z@2 E!An 2004 . Zikre-Hig Gazette No, 23, 11 (>4 th Day of September June, 2012, P a g e -30 interest, a lawful lessee who is made to evacuate his RA-& A$2 (' u- >-Z . holding shall be entitled to a substitute plot of land ED 4~ A2 ?@ TR{ ' AR& having similar size and grade for the remaining Z]QK, { --$ ZH]D, period of lease. Particulars shall be determined by a directive. 3. -H & -I >A( >u ?@ Z A]^ 3. No compensation and a substitute plot of land shall E!T #H] be granted for the property attached on the land ZT xV ED ?@ AZ] which is held in an unlawful way where determined to evacuate in various reasons. 4 . ( >TR ED (/ ,* 4. Where a lawful tenant of government or kebele | l4 Z RA =>* (-. owned residential house in an urban center in which HZ ( -h$ / condominium >=Z (`T has been built and housing | development program is under process is displaced >T¾ i` (-h$ due to urban renewal development program, he shall / be entitled to a substitute residential house by rent or ]2 =>*2 ´Z nIi -, HZ º *,* ( -h$ (i¢ / vw@ Z-b[A@, { --$ ZH]D, 5. (/ ,* | A =>* entitled for facilitated purchase of condominium in advance payment. Particulars shall be determined by a directive. 5. Where a lawful tenant of government or kebele (-. HZ ( -h$ / owned residential house in an urban center in which >=Z (`T ]2 =>* -, *,* no housing development program is displaced due to | urban renewal development program, he shall be (-h$ / -z ?@ ' -TE K entitled to allotment of residential plot of land at -] 4R (i]Q2 Z`D, { benchmark lease price. >T¾ i` Particulars shall be determined by a directive. --$ ZH]D, 6 . (-. HZ ( (I / 6. If lawful tenants of government or kebele owned >=Z (`c ][ =>* -, *,* business house are displaced due to urban renewal | development program and where they are willing to c (i^n42 R@ A*=DH jointly undertake the construction harmonized with k #htq >- ¢ ?@ A.>B4 xzw >T¾ i`c Av R@ (i` the plan, they shall, on the basis of decision made by z|2 HZ =>* the Bureau or city administration cabinet or zonal HZ =>* A.>B4 industry and urban development department in urban centers in which city administration is not - 3 1 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -31 R,>-Rt2 =>"[ ( IJ.$D established, =>* ,* -$[ iH]T2 - land for the purpose of this construction at the place * permitted >4 c A R@2 be entitled to commensurate plot of in accordance with construction of the building at =>^42 ?@- the plan for lease benchmark price a size of plot: _. |U'@ =>"[ Tk. H=k 25 A. 25sqms individually in metropolitan cities; xY d A. -xAX 4~ =>* A.>B4|[ Tk. H=k 75 xY d . AT.>X 4~ B. 75sqms individually in medium city administrations; =>* A.>B4|[ C. 100sqms individually in small city administrations; Tk. H=k 100 xY d -. *u~ / =>"[ ED @B =>"[ Tk. H=k -TE K 150 ' cities and if the parceling indicated in the plan is `h above the total size land permitted to the members AARe Tk. individually, the remaining land shall, having been H=k =>^42 Qn . Z paid the highest lease price of the locality, be =`T $2 AxRzq =k>X (@ allotted to them. (i.>DJ (>-A=>2 K xY D. 150sqms individually in municipal and emerging FEh 1 - =kA2 Z-4&tK, 7. =>* ,, ?@t2 AR& 2. E!A RA2 =i=^A2 x ,* (>4 1 7. Farmers made to be evacuated from their lands due A4|[ to development within the boundary of urban center A&e shall, in addition to a compensation to be paid for A >H.h >*$ ,p xzw the property, upon the decision of appropriate law, iH 2 --$ - (-h$ / be -z residential housing through old holding system on ?@ TR Z@ .$ Z] tK, 25. A ' .Ai] ?@[ granted substitute land for constructing the basis of a directive to be issued by the regional cabinet. 25. Lands to be Granted through Lease for Short Period of Time - 3 2 - 23 • 5 1. AKo A\ 18 /2/ 2004 . Zikre-Hig Gazette No, 23, 11 4, > /A/ 1. Urban th Day of September June, 2012, P a g e -32 lands not designated for immediate >Q]2 -] A n Z development use pursuant to Sub-Art. 2 (b) of Art. (*Z2p (=>* ?@[ A ' 18 of the proclamation may be provided, in short Ai=>p A,Gm[ '] Z[p- term lease, for the following services: _. A=>* &D j A. AR@ A. For urban agriculture; E[ *b HZ -a3 HZ *d . AR@ B. For production or sale or demonstration construction materials; *FT$D . *.-3d C. For putting/storing machinery and equipments during construction; -. AR@ IZ *23 ED Av >R (i` *FT$ -=d D. For excavation of construction stone and for planting machinery for this purpose; . A*.@HS ]B -=d E. For erecting notice boards; . AnD AT.>X >* A>A F. For various service provision and manufacturing A,Gm[ *nz ED *b of the micro and small institutions. '^I Z[, 2. A AQD ' 2, Z@ A (>]Q ?@ E4i=>A2 2. Land use and contractual making of short-term lease holding shall be; Z`D,d _. A=>* &D AKo >-A=>q 15 A. Fifteen years (15) lease period for urban - (q, u- #` A /1/ agriculture specified under the proclamation and = 4, A>uu{ up to five (5) years the short term lease holding (A ' Z@ 2, E.= 5 - contract specified under Sub-Art. 1 (B-F) of this (>H]T T2 Art. hereof A. AA > E.= B. Where the land granted for short-term is required &e for development before the expiry of the contract Z]QK, period, he shall be given assessment value A.^Te E(@( A$2 (2, &b adequate to lift the property. A substitute land A* (>]Q // q =*A /A/ ?@ A,* (i (q, #^A - 3 3 - 23 • 5 -Qi (i` 2004 . Zikre-Hig Gazette No, 23, 11 ?@ '] Z[, . th Day of September June, 2012, P a g e -33 used only for the remaining contract period may be granted, considered as deemed necessary. 4 #, >Zuq >zq q, C. Those lands formerly held and have not been 4& concluded appropriate contract shall conclude a -] q, ^-q 4 4 AI contract pursuant to this regulation and be made to - have order within one year of the approval of the ,>^ -Rtq ?@[ q. . E!Z« regulation. Z4, 3. ' (i] ?@ (' k E4i=>A2 Z`D,d _. AA ?@ temporarily lease shall be: =>*2 =ÕR A. Bodies that are permitted land for short-term period Ax =>* by the mayor committee shall be made to exact ?@ (´Z >- HZ (' -TE annual payment on the basis of rent rate of urban K -] -@ land or benchmark lease price. Particulars shall be giÒ 3. Lease payment of the land to be provided in (>^4t2 Z4, k E!=kp { --$ determined by a directive. ZH]D, A. =>* ?@ ´Z >- -] B. Where it is impossible to cause exacting at the rent *.=^, A*Zb,Rt2 AA rate of urban land against lands permitted for short- Ai] ?@[ >A( D term, they shall be made to pay at a rate to be -TET =>*2 =ÕR giÒ determined by the urban center mayor committee iH]T2 (k -Q E!=kp on the basis of special study. Particulars shall be Z4, determined by a directive. { --$ ZH]D, . A ' Ai] ?@ (Z@ *3 x@ -.Q AZb, -. = Z 4, > C. Holding certificate plan may not be granted for the land permitted to short-term lease. // D. Without prejudice to the above provision indicated (>4T2 E4>Q `h A under C, temporary land use certificate may be ' ?@ A>]Q2 ]2 ( granted to the person who is permitted short-term -Qi (. H -.Q lease holding. - 3 4 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -34 Zb, k, A. A. .A' 2, ED (. H A] 26. (' 2, (i-Rt2 -`[ (AKo ED 4& I¯[ prejudice to the provisions of the /m[ be directed in accordance with the provisions of .Ai4t2 2G[ >4T2 -] contracts to be concluded by the institutions in civil Z-, code administration division. A.>B4 k, -.$ (' 2, .A-^ 27. Concluding Lease Contract AKoD 4& (=>* ?@[ ' 1. Where urban lands are permitted for lease system #^J (2p ]TI (>3Ä[ -&D pursuant to the proclamation and this regulation, the @j contract (2, ]Æ >RD Ö Tj document shall specify rights and Qn (' Z@ A.>B4 vw@[j obligations of the bidders, duties and responsibilities (R@ -}-$D *QDS ( 4&j of contract provider conditions of overall lease >*$ =?@2 (>A( R$ (iyJ holding administrations, time limit of construction { --$ ZH]D, 3. Without proclamation and this regulation, lease contract shall , vw@[ (i-A -` AA 2. 26. Principles of Lease Contract E4>Q `T2 (' 2, k-&+ 27. 1. ( PART FIVE ISSUANCE OF LEASE HOLD CERTIFICATE start-up and completion and special conditions in compliance with unique characteristic of the land. (2p G[D vw@[ Sn =@2 2. Drafts of contract words and conditions shall be ]TI E4 AI k, `T2 -n& submitted together with the contract document as ZhRtK, one component. @ (>] ?@[ -.$ /e 3. Where it is unable to handover lands granted =An Z (`T [ 2p through bid due to force majeure of the office on the >Q]2 - *.=& x,>bA basis of the day specified on the contract, the 2p contract E4D (R@ E!v Z@4,d -}-$ (' ED k shall be renewed. Grace period, ([|@ j *QDS construction start-up and completion times as well *QDS as lease payment completion time shall be reset and E4D E4 A!. ZH]D, (' Kq 4 #, @q >]Qq -] newly determined; provided, however, that the lease price shall come into force pursuant to the price offered in the previous bid. - 3 5 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -35 ( D Z`D, 4. ' 2p Z (>AØD (2p ]TI Ax, `T2 (>^s B[ ' H]42 ]2 `T ' 2, ]Æ2 , E4 4. Matters which are specified in the lease contract and signed as part of contract document shall serve as legal documents on the part of both parties. 1 `T2 Ap 5. (' 2, @ RaT^ HZ 4R 5. Lease contract shall be concluded between the lessee >]Q2 HZ AKoD 4& H4 who has won in a tender or granted to him in ' <$ E!R >H]T (=>* ?@ allotment or urban land determined to enter into ' RA-&eD 2, ]Æ2 -x=, Z lease tenure and contract provider in accordance 4& --$ with time schedule and detailed implementation i-Q2 ( ]BD (A^f¤ process specified a directive to be issued to A*.^¤ iH 2 implement this regulation l4 - -^ AA 6. A.^2 (nIi k AQDn¼ (' 6. A person who has completed the necessary down 2, (>KKA ]2 R@2 ZTD 4~ payment of lease price and concluded a lease >AZm AKo ED 4& >-Q2 contract ( accordance with the type and the standard of the of 4& 2. R@ -}-D shall commence and complete in the construction specifically stated and within the *QDn AA time limit as indicated under the proclamation and this regulation 28. 1. (' Z@ (. H 28. Lease Holding Certificate (=>* ?@ ' (>^4A ]2 (' Z@ . H Z]QK, 2. (' Z@ A 17 (i=>p (. H =>-A=e 1. Leasehold certificate shall be issued to a person to whom an urban land lease holding is permitted. AKo 2. The leasehold certificate shall, in addition to those >*$ indicated under Art. 17 of the proclamation, include -A3[ - the following particulars: Zh@,_. (RA-&e HZ (RAZ@q sp . ED (Ù.U -Q Aq A. Full name of the lessee or holder and passport size photo graph; I ×m kj A. (Z@ (. H j B. Holding certificate number; - 3 6 - 23 • 5 . (?@2 (] (.¹p An 3 -A´ -DX[ 2004 . Zikre-Hig Gazette No, 23, 11 KZ Day of September June, 2012, P a g e -36 A-,x[j C. An arrow-indicator of the north direction of the (*Eu plot/land, scale measurement and junctions of ED (À. th gO!w) corners. Axm - AA k, .I. .I. (=>* ?@ (' K ED (k A^f¤ 29. (=>* ?@ (' -TE K PART SIX URBAN LAND LEASE PRICE AND 29. Urban Land lease benchmark price (=>* ?@ (' -TE K -D (=>"³ The valuation lease benchmark price of plot of urban AHD TR land shall be prepared on the basis of the structure and vw@ -] *I ED (i=>p .,m[ *Du& Zu~, objective conditions of the urban centers and considering the following systems. 1. (=>* ?@ .,- (' -TE K (n- _. x@ -YD -Y T &Zm[j 1. Calculation system of urban land lease benchmark price shall be prepared by considering: A. Various land and land related marketing; A. ( ,T *.>x=j B. Time difference adjustments; . (*1 D Ighi C. Social and economic conditions; vw@[d -. Hn@ D (H4 (EI EI@ Dm[ *xyI ED D. Conducting studies of current and future growth possibilities; and . (-Y AQ ED (?@ 4~ E. Land use and holding levels. @z *I -u} AA 2. A /1/ Z (>Q]2 E4>Q `h (' -TE K2 - 2. Without prejudice to the provision of Sub. Art. 1 of this Article, the lease benchmark price shall consider: _. ?@2 A*u} (>^ - (x kj A. (?@ rj A>T¾[ A. Compensation payment effected for displaced persons so as to prepare the land; B. Preparation of the land; - 3 7 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -37 . (-]> ,* @j C. Supply of infrastructures; -. (. *.¹~ ED D. Working budget; and . G[ >RT t2 >B¢ E. Other HÆ[ (iD& Z`D, 30. Categorizing Urban Lands into Price Zone -=^, ED A>R{ and its Implementation 1. 4& A 28 /1/ ED /2/ Z -] expense having objectivity thereto. 30. (=>* ?@ K QD .A >4T2 interconnected/interrelated (=>* of lease benchmark price of list of urban lands ?@[ (' -TE K -] computed in accordance with the provisions of *I Art. 28, 1 and 2 of this regulation. (K (>]2 1. A price zone map shall be prepared on the basis QD x@ -u} AAd 2. (' -TE K Hn@ Te >Q&¼ 2. The lease benchmark price shall be prepared by E!yI (} -e HZ (vA considering all land zone and service type of land -e ' lease tenders to be undertaken in every budget ED year or every two years so as to maintain its up- (ixyJ @[ vp (A,G (-Y (?@ ZT QD @z *I to-date price. -u} AAd 3. = Z -] 3. The price zone map prepared pursuant to the (>u} (K QD x@ Hne AR& provision of Sub-Art. 1 of this Article shall, RA2 having timely caused its approval Ax, -@ >4T2 *. 4n =>*2 x@ ED Ók >urm *X2 AEZ@ /1/ >4F i-[ (-~ (*.@HS urban basic plan and writing, be publicized ]B through any accessible website and visible notice board. 4. = Z /3/ -] (¤4q (-TE @ iD i] ?@[ Z >R appropriate organ and being prepared in the -&D A1& Z -4 AA K by the 4R Z`D, 4. The minimum price being approved pursuant to Sub. Art. 3 of this Article above shall apply on lands to be offered by tender and granted through allotment. 5. (X2 ?@ A?@2 4~ =>-Q2 (-TE K AZ[, @[ @ '>Ak 5. Any plot of land may not be transferred through tender below benchmark price specified to the land grade. - 3 8 - 23 • 5 6. A. A ED (&>]& (=>* kG[ / A-h$ 6. Special benchmark price shall be set and iH 2 (_$e implemented, on study, for a plot of land to be -] 4R provided in allotment to self-help and community ?@j sections that have low income in accordance with ED urban house policy to be issued by the country, A,Ge for manufacturing, for urban agriculture and for Ai] A=>* AZT (>A( >R Z4, &D E4( -TE K *D 7. (=>"[ (' -TE K >- vw@ z|2 i2 Day of September June, 2012, P a g e -38 t2 A,G A,G th z U'# A*ct$j AzT. AT.>X 2004 . Zikre-Hig Gazette No, 23, 11 D Z >-.m --$ (iH] Z`D, business service, depending as the service type thereof. 7. Condition of urban centers’ lease benchmark price rate shall be determined by a directive on the basis of detailed study submitted by the Bureau. 8. = Z (>-A=>2 E4>Q `h 8. Without prejudice to the provision indicated Avc Hn (' -TE K Rt2 above, the minimum/benchmark price may =>"[ (`c remain without being revised in urban centers *.>x=[ *I AKo =H which currently possess lease benchmark price }| E.= vA - I. RA2 by making certain necessary adjustments until -TE2 ZEE, '¼Z Z[, two years from the date of the enacting of the (>H]c A.^ proclamation. 31. (-Y (' K 31. Land Lease Price 1. (=>* -Y (@ K AEBJ ?@ HZ (@ AaD (>A^ K 2. Lease price of plot of land transferred through (A,Ge ZT >DQ, >AZm allotment may be separately rated, in accordance '>- AR& with the service type; provided, however, that if '.>DI (*Z[, #`d (' -TE it is impossible to be accommodated by such a K manner, it shall be implemented; it shall be Z[, 4R ?@ (' highest price offered by winner bidders to each plot of land or bid number. >3[ (]Q2 =k>X K T2 2. 4R 1. Bid price of plot of urban land shall be the `h A>]Q k >R Z4, carried out at lease benchmark price of the payment delivered in allotment. 3. A /2/ (>-A=>2 E4>Q 3. Without prejudice to the provision of Sub. Art. 2 `h A!ªG*ÕD AA Ak >* of this Article, lease price of the plot of land to be provided for diplomatic and international - 3 9 - 23 • 5 (i] ?@ Z`D, agreements entered into with the government; `h -. , , .T provided, however, that where there is no clear *Zh Hn@ consent on the government part, it shall be on the -] basis of current highest lease tender price of the =k>X (' (i^ AxRzq @ K locality. Z`D, 4. A_Z*h >* (A,g *=DHX ED ARA} -.@ A,G >* (i2, ?@ -.$ (i-42 for worship of religious organizations and constructing premises of budgetary government office shall be allotted =`T value for the property attached on the land and AAA4{ (>=^A2 (x HÆ (i>x the compensation equivalent to the expense AT2 ?@2 (A & A4 K Z@ AI #^ -Ye =' --$ ZH]D, 32. effected for the farmer in case the land belongs to a farmer are paid at once thereof. Detailed payment determination shall be determined by a directive. (' k A^f¤ 32. Exacting of Lease Payment ' ?@ (>^4A ]2- Any person permitted land lease holding: (' K (nIi k -Q ,* 1. The amount of lease price down payment, being <2 HZ A,Ge ZT >AZm to be separately determined upon development (iH] `h AKo A 20 /2/ -] activity or the service type, lease down payment 2, >RZ (i^-2 (' nIi k to be effected by contractor in accordance with =Qn2 the provisions of Art. 20 (2) of the proclamation (' K 10 -m T] shall not be less than 10% of the total lease price. AZ` A /1/ Z (>-A=>2 zhj 2. Notwithstanding the provision of Sub. Art. 1 of Qn (?@2 (' K k AI this Article, his right to exact total payment of the (-^, -&e (>Q T2 AR& land lease price at once shall be reserved. Interest i^ k Z HAI (*Z@]& #` shall not be paid on the payment effected in this =Qn2 (' K E.= A. -m manner and he shall have up to 5% incentive (5%) reduction of the total lease price. Particulars shall nDF *@b Z]QK,{ be determined by a directive. --$ ZH]D, 3. used free from lease payment if the payment of the Z k Tf Z] , (k AH]c 2. 4. Places ED ?@2 k 1. Day of September June, 2012, P a g e -39 institutions shall be implemented as per the -] K th -. .T (' 2004 . Zikre-Hig Gazette No, 23, 11 nIi k =^¤- Ð E4 ,*e 3. After exacting down payment, being variable as - 4 0 - 23 • 5 HZ A,Ge 4. Day of September June, 2012, P a g e -40 per the development or the service type, payment A-h$ A,G E.= 50 - AG[ completion time for the lessee shall be up to 50 A,Gm[ E!v years for residential service, for other services up (k to 40 years and for urban agriculture up to 7 E.= &D 40 (iAZ th `h A=>* ZT 2004 . Zikre-Hig Gazette No, 23, 11 - E.= 7 - *QDS Z]QK, { --$ years. Particulars shall be determined by a (iH] Z`D, directive. =Qn (?@2 (' K (=^A2 nIi 4. The average price obtained through dividing, k > $2 k A>]Q2 (k having been reduced the down payment he has *QDS >xkG (iª2 A*xZ paid from the total land lease price, and the K -@ remaining balance payment with the payment (' k E.= *QDS completion time permitted to him shall be paid 2 (-e Z=k,:: every year until the completion of annual lease payment. 5. A /4/ (>-A=>2 E4>Q `h 2, >RZ -@ 5. Without prejudice to the prevision of Sub. Art. 4 k2 -e of this Art. hereof, if the contractor requests to 2. >A( =kG A-^, » pay the annual payment by dividing same at x '^nIA different time within the year, an appropriate Z[, `h (k A^ s =. organ may permit him; provided, however, that -&A (A the effecting payment shall not exceed from three AR& A2 Ax, times. 6. (-e i=^A2 I I $ R (' k Z >- remaining lease payment to be effected every - ((-e HAI Z=k, AR& year as per the prevailing interest rate on loans A2 Ax, ((Hne (R (*4$ HAI offered by the Commercial Bank of Ethiopia. >- #AH ($ k2 (HAI w Where the current bank loan interest rate is so A&| altered, the appropriate body shall have the E!AH *4$ 6. He shall pay each annual interest on the (-=@>, Ö T responsibility to follow up that the applicable AA interest rate of the remaining balance interest to be altered as well. 7. A,G Aq 7. Unless there exists price change due to the x,h .> A q, (>R (' conversion/alteration of service, lease payment to k which a contract has been entered into at once (q, Aq u-c (iEE, AZ` (K E.´QDn I. shall not be modified until the completion of the - 4 1 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -41 contract period. 33. (' 2k k .A-]&]& 1. -Y ' AR& AR& xA2 Ax, -] 33.Collecting Payments of Lease Arrears (>^4A k2 ]2 1. A person permitted land lease holding shall have to 2, timely effect the payment in accordance with the -^ contract he has entered into with the appropriate R2 Hne organ. AA 2. AKo A 20 /5/ ED /6/ -] 2. Where a lessee failed to make payments within (' RAZ@2 (' k2 -^, the specified time limit in accordance with Sub- iR2 ( 4& 2. x,=^A- Art. 5 and 6 of Art. 20 of the proclamation, he shall: _. Hne Q&¼ *Z^-2 -@ A. be made to pay penalty fee equivalent to the rate k Z (I I R u of penalty fee imposed by the Commercial Bank (&I k[ Z iA2 (n of Ethiopia on defaulting debtors on the annual -Q payment which has not been paid in time as -] -3 E!=k, originally scheduled thereof; Z4, A. (A-e k2 (vk RA-^p (4~2 *.QS #` the payment annually and if he accumulated (µ. - 2k xA =A>X2 arrears for three years, the appropriate organ shall, - }| AR& A2 Ax, &e starting from the fourth year, have the power to Z seize and sale the property of the lessee to collect -a (i]Q2 B. be served a written notice due to his failure to pay A2k EB2 -^ the arrears. (*K, ., AA2 3. AR& Á& Aq - >]Q Ax, (' (i[A2 =qp RAZ@2 (-« E¡ lessee only the property attached on the holding >uq annexed with the contract during the order of Z@ < i¢ & Z &b T2 4. AR& A2 Ax, &e =u A.m =i¼Q =A< 3. The appropriate organ may seize the asset of the (< seizure is given off thereto. 4. The appropriate organ may sale the property of the D lessee (lease holder) on auction after ten days Ð E.= EB2 4& I. (RAZ@q from the date of his holding the property until the & Ár -a Z[, time limit of the loan. 5. A /4/ -] AR& A2 Ax, 5. If it is ascertained that the sale to be made by the appropriate organ to reimburse the arrears loan in - 4 2 - 23 • 5 2k EB2 A*.-A. 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -42 (i=D2T2 accordance with Sub-Art. 4 of this Art. hereof F (& A.>B4{ AR& does not contravene the administration of property (i2 in a manner of law, it shall be only the property to AA-`c ,>=^A2 E.=>Q (' EB I. enable it to reimburse unpaid lease loan. A*.=^, (i2 & &b Z`D, 6. AKoD 4& - R,>=^A 6. It is possible to seize the holder’s property (' k =qp >ºT having connection with the contract due to unpaid Aq (RAZ@q & HZ lease payment pursuant to the proclamation and z - (ibA2 AR& A2 Ax, this regulation after the appropriate organ has Á&e k served a written notice to the lessee in advance RAZ@2 that he could seize the property and collect the - E4i].& \vk 2k A.I" x.@H (' A' Ð Z`D, ZT (i]Q2 *.@HS Á&e =-« <, (60) D A' k arrears lease payment. The said notice shall be served to the debtor of the lease payment prior to sixty (60) days of the seizure of the asset. RAEB2 '4]2 ZR, 7. AR& A2 Ax, 2k (' k (i^A iZ (' RAZ@ (U'. Á& ÁZ, E!¢ 7. The appropriate organ may request police force to appear while it seizes the property of the lessee who is debtor/defaulter of arrears lease payment. 'QZn Z[, 8. kI / HZ 8. Where an appropriate body requests a person who A^f¤ Z A HZ 1 AR& has owned a property which is seized due to any K.D (>u x,`T .> *Dt2 accumulated arrears payment or who has been 2k (>u under any obligation to a debtor of accumulated & Eo (i¢ HZ A2k ' arrears shall, unless it is held by court order or is RAEB2 *Dt2 under verdict execution or is seized as collateral (' E¡ k (>= @ A ]2 AR& A2 Ax, #QZ2 (u2 Á& (*.=& HZ A @ (-^¤ Ö T AA 9. *X2 ]2 thereof. 9. If an appropriate body requests a person to hand #QZ2 AI (>u & A*.=& over a seized property and fails to do so, he shall ^4X be accountable to the extent of the property held ( A2 the asset he has owned or discharge his obligation Ax, Z` AR& by proper law, have a responsibility to hand over E4`T >u2 - 4 3 - 23 • 5 & -Q `h >QSTe A&e - shall not be exceed the amount of accumulated =`T2 arrears lease payment which is a reason for the (' k -Q ED HÆ[ ', AZ[, seizure of the property and other legal expenses. A /2/ -] &e A2k 10. If a person whose asset has been seized to be paid EB2 -^ (>u ]2 A^ s for his arrears loan in accordance with Sub-Art. 2 Z nY@ xA2 B E4( AR of E.= (=>*2 =ÕR giÒ HZ =ÕR implementation, he may submit the matter, as giÒ appropriate, up to mayor committee or to the A (HB2 =>*2 A.>B4 (i-A=>2 / I. A Article is aggrieved by the pertinent council of woreda administration in the A/e@2 11. An organ that the complaint is submitted to in (A Ax, B -| =AI accordance with Sub-Art. 10 of this Art shall, H R,AQ 2. 2w -.Q upon examining the matter, AA Within the period not exceeding one month. 34. /10/ this urban center in writing. vk *n& Z[, 11. Day of September June, 2012, P a g e -43 thereof; provided, however, that his accountability 2k >QS th Z`D, G[ 10. , 2004 . Zikre-Hig Gazette No, 23, 11 -] ([|@ .A-H] decide on it. 34.Decision of Grace period 1. (=>* ?@ ' (>^4A ]2 E4 1. A person permitted urban land lease holding may, ,*e HZ A,Ge ZT =vA being from 2 up to 4 years depending on the type of the intended development or service, be allowed : E.= A - (i4. `h_. A*ct$ IJ.$ 4 - d A. For manufacturing industry ---------- 4 years; A. AA| |]# u×[ 4 - d B. For agro-processing sectors --------- 4 years; . A uk (4~q E.= 3 C. For education sector up to ---------3 years; -d -. A£D uk E.= . A«k $, E.Ò . ARA A g=&D 3 - d D. For health sector up to ---------- 3 years; 3 - ED E. For mega real estate ---------3 years; and = Z 4~ F. For four-star and above hotels --- up to 3 years. t2 `ÒG[ E.= 3 - (i4. ([|@ ']Q2 Z[, 2. = Z /1/ = 4, > /_/ E.= 4, 2. Without prejudice to the provisions of Sub-Art. 1 (A) - 4 4 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -44 > // (>AÔ E4>Q `h ([|@ up to (F), sectors whose grace period have not been defined thereto may, having been studied considering ,>H]Tt2 u×[ =>R vw@2 -T z|2 E(>QD E.= A - '4. (i[, '] t2 the objective conditions by the Bureau, be allowed up to four years of grace period. Z[, 3. ([|@ (>H]TA ]2 ([|@2 3. The grace period permitted for a person shall -¼Q (i}2 (' 2, =^- commence as of the date of the conclusion of the }| Z`D, lease contract. 4. A/1/ ED /2/ Z (>-A=>2 4. Notwithstanding the provision of Sub-Art. 1 and 2 of zh (i^42 ([|@ *X2 this Art. hereof, the grace period permitted may not vw@ last beyond the date of completion of construction. =R@ *QDS ', AZ[, 5. Z 4& =-2 e (=>* ?@ ' 5. Any person to whom urban land lease holding is >^nÇA ?@ A.xz2 Ax, permitted prior to the enacting of this regulation and ?@ ,>= HZ ?@ =>= has not received the land due to the land delivering }| 4 E.=¤D I. =18 H body fails to do so or from the time he receives the Z ,`T2 HZ (nIi k -Q land up to the enforcement of the regulation is not ZT.,¢ exceeding 18 months or who has applied for the HZ Zu,¢ i, (k *QDS A/e@ An? B E,, Z (i¢ *X2 ]2 A (>-A=>2 ([|@ reduction of down payment the extension of completion of payment and such an application is at pending may, as appropriate, be beneficiary of the grace period specified under this regulation. E4AR&Te >Qi '` Z[, k, ]R .A?@ AQj (R@ -}- ED *QDn (R@ 4~[ 35. (R@ 4~[ PART SEVEN UTILLIZATION OF LAND, COMMENCEMENT AND COMPLETION OF CONSTRUCTION AND CONSTRUCTION CLASSFICATIONS 35. Classification of Construction Projects =>"[ (i]{ R@[ AT.>X 4~j Constructions to be undertaken in urban centers shall -x=AX be 4~ ED =k>X 4~ R@ >&A2 (i-4 #`d -] - classified into small, construction projects. And thus: medium and large - 4 5 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 1. AT.>X 4~ R@- th Day of September June, 2012, P a g e -45 1. Medium construction projects shall be: _. E.= 2 HA, I. A`T *Xq R@ ED A. Any construction project which is up to 2 floor; and A. (Z@ .e E.= 500 xY Z (iTR R@ B. To be constructed on a land size of up to 500sqms. 2. -x=AX 4~ R@- 2. Medium construction projects shall be: _. =3 E.= 5 HA, (`c R@[ d A. Constructions having from 3 up to 5 floors; A. (-h$ / AI E.= 80 TQ B. Residential house constituting up to 80 /m[ («d houses at once; . A >* E.= =k>X 2X 4~ (iQ,p R@[d of educational institutions comprising up to secondary schools; -. A£D *E=, E.= =k>X , 'Ú (iQ,p R@[d D. constructions of health centers constituting up to higher special clinics; . A/> -f1kD AvA& ABÛ[ E.= 500 ]2 (iZ« R@[d E.= 500 (HÆ @t2 E. constructions of library and multi-purpose halls holding up to 500 people; . A.U B[D A.U *u2>$ *E= C. constructions ]2 (iZ« F. constructions of sport-fields and sport gathering centers holding up to 500 people; R@[d ]. AQZ 5,000,000 a. (A. E.= i') & of medium and small (`c manufacturing and storing institutions whose -x=AXD AT.>X (*b ED *=*b total expense estimation is up to Birr >*HZ 5,000,000.00 (five million Birr); or (Z@ .e =501 E.= 5000 xY `T ?@ (iT R@[ 3. =k>X 4~ R@_. G. constructions 6 HA,D = Z A`T *X2 R@d H. constructions to be undertaken on a land size of from 501 up to 5000sqms. 3. Large construction projects; A. Any construction having 6 and above floors; - 4 6 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -46 A. Aj A E!v =>* Ak B. Constructions of transport and terminal 4~ AiT (.UD (-DÁ$ institutions to be undertaken at the standard of >*d international, national and urban center; . (!ÝG*Õ >* (iTÏt2 R@[d C. Constructions to be constructed by diplomatic institutions; -. .e =5001 x. Z `T Z@ Z (iT R@[d HZ D. Constructions to be constructed on a land size of 5001sqms. and above; or . «k $, .Òm[ E. Mega real estates. 36. R@ .A-}- 36. Commencement of Construction 1. (R@ kI (i] (' 2, 1. The period allowed for construction permit shall not =>^- }| AAT.>X R@ exceed 3 months for small construction projects, 6 =3 Hj A-x=AX R@ =6 H ED months for medium construction projects and 9 A=k>X -&A months for large construction projects as of the date (A( 4 , =>ª B of conclusion of lease contract. If it is found that the >-| AKo -] >QS time limit exceeds, there shall, having been examined R@ =9 H አካል 'h the matter, be a responsible body pursuant to the ZR, 2. proclamation. A /1/ (>Q]2 zh 2. Without prejudice to the provision to Sub-Art. 1 of RAZ@2 !¡Zc >Q]2 4& this Art. if the holder fails to submit the design at the x (R@ 2 -¼Q (i}2 specified time limit, the commencement of the (' 2, =>KKA }| Z`D, construction time shall be from the date of conclusion of the lease contract. 3. (R@ -}-$ ( $ (R@ 3. Time ceiling of construction commencement shall, kI =>H]4 }| from the date of conclusion of construction permit, shall be: _. AAT.>X 4~ R@[ E.= 6 Hj A. up to 6 months for small construction projects; A. A-x=AX 4~ R@[ E.= 9 H ED B. up to 9 months projects; . A=k>X 4~ R@[ E.= 18 H C. up to 18 months for large construction projects. Z`D,Z ' 2p 2. (ix> for medium construction This shall be included in the lease contract. - 4 7 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -47 Z`D, 4. A /3/ Z (>4T2 zh AR& RA2 Ax, #@- (R@ 4. Notwithstanding the provision of Sub-Art. 3 of this Art. hereof, the commencement of construction -}-$ 2 'u Z[, `h time shall be extended if it is ascertained by the AR@ -}-$ (i]Q2 Qn appropriate body; provided, however, that the total *X2 vw@ - commencement period may, at any means, not exceed: _. AAT.>X R@ = 9 Hj A. 9 months for small construction projects; A. A-x=AX R@ =12 H ED B. 12 months for medium construction projects; . A=k>X R@ =18 H -&A AZ[, C. 18 months for large construction projects. 5. *X2 (' RA Z@ A /3/ ED /4/ -] >H]T2 ( 4& 5. Where any lessee fails to commence the construction within the time limit specified in Ax, accordance with Sub-Art. 3 and 4 of this Art. hereof, (' 2p * ?@2 -, -=& the lease contract shall be terminated and the Z[, appropriate body shall take back the land. R@2 6. x,}- A /4/ AR& A2 (R@ 6. Extension of period of construction commencement -}-$ ( E*w *X2 vw@ permitted under Sub. Art. 4 of this Art. hereof may, (R@ *QDS E*w A-Q(n at any means, not be submitted as a reason for the HZ purpose of requesting or permitting the extension of A-kI (i^42 T '& construction completion period. AZ[, 7. =Z A . (>4T E4>Q `h -, *,*D 7. Without the prejudice to the provisions under this G[ Article, the appropriate organ may execute the -xyI carrying out of those constructions to be undertaken ARtq R@[ Z AR& A2 Ax, shortly/quickly due to renewal development and =>-Qq other public interest. A& n #R, RQ kT 4& '.^ Z[, { --$ ZH]D, 37. (R@ -}-$ .A^Rt2 Z@[ 1. AR& A2 37.Holdings Whose Construction Commencement is Expired Ax, ' -Y 1. The appropriate organ shall, having kept the (>^4t2 ][ -~ - (R@ information of persons to whom land lease holding - 4 8 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -48 -}-$ =*A z. =vA H is permitted, serve a notice to such persons at least 4 4&B/ prior to two months of the expiry of the period of AIEt2 HZ *.@HS ?@2 Z construction commencement, as its accessibility, -AQk HZ AxRz2 i¢ (& through a letter in their address or by affixing it on (*.@HS the land or on the public notice board found in the &G E4A-½Te ]B Z -AQk locality. *.QS -.Q AA 2. (R@ -}-$ ( 4& A^ ]2 ?@2 E= commencement is expired shall submit to the Ai¢2 AR& A2 Ax, ? R@ appropriate organ to be found at the administration ,}- D Z R@2 level whereabouts the land is permitted the reason A-}- ( why he fails to commence the construction and his 4 =-QD HZ xA^ Ð readiness to commence same next and his capacity AI >^4 (A.>B4 2. A person whose time limit of construction A2 oTD H R,AQ An 2. vk *n& AA prior to the expiry of the time limit or not exceeding one month after the expiry the time limit in. 3. »2 >RZT xª 4& A 3. He may be permitted the additional period of time 36 /4/ (>-Q2 >*$ '^IA specified under Art.36 (4) of this regulation if the Z[, application has got acceptance thereof. 4. >*$ (R@ -}-$ >^nÇA >*$2 HZ >*$ ª HZ 2. ( R@ »2 4. The appropriate organ shall, by terminating the ,}- contract of the lessee who has been permitted >RZT additional period of time and failed to commence 2, construction or whose application of additional * AR& A2 Ax, ?@2 -, period of time or who has never applied, take back -=& AA the land ? ,Q( ]2 5. A U. A 4 (>4T2 E4>Q `h (' i=>A2 R@ 2, AR& A-}- (>Q n ]2 E!=k, 5. Without prejudice to Sub.Art.4 of this Art. hereof, a person whose lease contract is terminated due to not to commencing the construction shall be liable to pay a penalty in the following manner: Z4,d _. *X2 (=>* ?@ @ HZ 4R =>= (>^4A }| ]2 (' A. A person to whom urban land is permitted -Ye through bid or allotment shall be liable to pay 2p annual lease payment which covers the period - 4 9 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 E.=>Q A2 -@ th Day of September June, 2012, P a g e -49 (' k from the date took over the land up to the ED =Qn2 (' K ]R -m (7%) termination of the lease contract and a penalty -3 Z=k, fee amounting to seven percent of the total lease price. A. =>* -, *,* | HZ B. If a lawful tenant of government or Kebele (>EA ,* >T¾ (`T owned residential house who is displaced due to urban ( HZ (-. -h renewal program or other better / >=Z A-h / -. 4R development fails to commence construction on >^4A x,}- the land permitted to him through allotment for AAn * (R l& x.u2 building residential house, he shall be liable to ?@ Z R@ u& Z . -m (3%) &b n Z=k, (3%) of the deposit in his blocked bank account to show his financial capacity/position. 6. A /5/ (>4T2 zh ,p -.>BI pay a penalty fee equivalent to three percent / A*x¢T 4R (i^J (i=>p ?@[ # RAZ@2 n 6. Without prejudice to the provision of Sub-Art. 5 of this Art. hereof, where a lease contract of the 2p following holdings to E!=k, allotment by Council (' the be permitted of the through Regional Government is terminated, the holder/the lessee AZ4d shall not be liable to pay a penalty. Lands for: _. ARA} (-. -< Az| A,G (i2p ?@[j A. -< HZ Irm[ AixyJ * /m[ A. office premises of budgetary government entities; AI B. social service institutions run by government or (A,G charitable organizations; -.3 >* (i2p ?@[j . -. AixyJ ( -h /m[ ,* E(>H]T -h |"[ AixyJ / ED A. R@[ -. A ( (i2p C. condominium housing construction development programs and government approved self-help condominium housing constructions to be carried out by the government; ?@[j -. AET >* (A,g *xy~ (i2p ?@[j D. places of worship of religious organizations; - 5 0 - 23 • 5 . =-< AÀR#[D 2004 . Zikre-Hig Gazette No, 23, 11 Day of September June, 2012, P a g e -50 >4 .Tm[ E. use of embassies and international organizations AAAAk Irm[ as per agreements entered into with the government; A,G (i2p ?@[ 38. th R@ .A*QDn 38. Completion of Construction 1. ?@ ' (>^4A ]2 AR& xA2 1. A person to whom land lease is permitted shall, by Ax, >^-2 (' 2, - completing the construction within the time ceiling (R@ specified for the level of construction or ^I =H]4 A.m type R@2 4~ HZ ZT >H]T2 starting from the day on which he has been obtained ( construction permit, commence delivering services $ 2. R@2 *QDn ?@2 Z A,G -.Q -}- on the land. AA 2. (R@ R@³ *QDS 4~ ( AKo 4& A E4( 23 /2/ 3. A /2/ (>4T2 zh E4 2.&.&T 3. Without prejudice to Sub-Art. 2 of this Art. hereof, (R@ the time for completion of construction may be 'u Z[, `h extended depending on the complexity of the AR@ *QDS (i]Q2 >*$ construction; provided, however, that the additional *.QS | *X2 vw@ - completion period for the construction including the *QDS 2 E(@( be pursuant to the provision indicated under Art. 23 (2) of the proclamation. >-A=>2 -] Z`D, R@2 2. The time limit for completion of construction shall notice may, in any means, not exceed from: _. AAT.>X R@ =.I. /6/ H j A. six (6) months for small projects; A. A-x=AX R@ =A. vA /12/ B. twelve (12) months for medium projects; and H ED . A=k>X R@ =A. vA /12/ H -&A AZ[, C. twelve (12) months for large projects. 4. A\ /3/ (>4T2 E4>Q `h 4. Without prejudice to the provision of Sub-Art. 3 of «k ED (>D} ,* (iQZ (?@ this Art. hereof, the completion of construction of .@t2 =AI -m ¾ xY Z those projects which are mega/large and whose land (`c |}m[ z|2 , , -_- size are above one hundred thousand square meters demanding integrated development may, having - 5 1 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -51 & Hmt2 I" i4 (>DQ, been scheduled special program on the part of the .Tm[ ,p xzw ¤Iq '^ s Bureau upon Z[p { --$ ZH]D, previously, be implemented upon their approval by individual agreements to have been the Regional Cabinet. 5. A . (>4T E4>Q `h -, *,*D 5. Without prejudice to the provisions of this Article G[ A& n hereof, the appropriate organ may cause the #R, kT -xyI ARtq R@[ implementation of constructions to be undertaken Z AR& A2 Ax, =>-Qq shortly due to renewal development and public RQ interest within shorter time limit than the time 4& '.^ Z[, { specified thereto. --$ ZH]D, 6. (R@ ^I -¼Q (i}q 6. The construction permit period shall commence (' qp =>^- }| #`d from the date of conclusion/signing of lease A /3/ -] (>]Q >*$ contract and an application of extension of the (*QDS period of commencement and completion of (R@ -}-$D E!u (i& *I *QDS » >RZT (A2 39. (R@ *QDS .A^Rt2 Z@[ 1. AR& A2 construction submitted based on the additional completion period allowed in accordance with Sub-Art. 3 of this Art. hereof. 39. Holdings Whose Construction Completion is Expired Ax, E4R@2 4~ 1. The appropriate organ shall call upon with a 4& (>-Q2 ( $ xA^ written summon the lessee to appear and prove =AI H R,AQ 2. R@2 with evidence the reason why he has not completed QD 10 (A<) (. the construction within 10 (ten) working days D 2. (' RA-&e ? *.~ within not exceeding one month after the expiry of E!.B vk $ *I AA time ceiling specified under this regulation as the level of construction project . 2. RA-&e $2 =>A^ }| 1A 2. If the lessee has failed to prove or unable to bring (< D 2. ? x.B HZ convincing reason within 10 working days, he shall A*¢ *n& x,bA (R@2 be liable to pay, at once, *QDS ( 4& x }| amounting to 0.15% of the total lease price for each Ai^IA >*$ =Qn2 (' additional month from the date of expiry of the K construction completion time limit. (i@]&/(i-/ AEBJ a financial penalty - 5 2 - 23 • 5 >*$ H ( 0.15% 2004 . Zikre-Hig Gazette No, 23, 11 (u& th Day of September June, 2012, P a g e -52 n AI E!=k, Z4, (' RA-&e >]Q2 1A D 2. 3. ? x-A=>D =An Z R@2 `T QD2 -`c *.~ xQ An >*$2 3. If the lessee applies and proves with evidence the reason why he has not completed the construction is due to force majeure, he shall be permitted additional period of time with no penalty. '^IA Z[, 4. (' RA-&e >*$ ( 4& 4. If the lessee has not completed the construction 2] R@2 xQDD ?@2 Z within (>TR2 Qn construction built on the plot of land is less 10% of ' AKo the total construction, the appropriate organ may 2p terminate the contract and take over the land in Ax, accordance with Art. 23 (6) of the proclamation; R@ R@ =1A% =>^4q T] =`T A 23 /6/ -] (' * ?@2 AR& -=& Z[, `h Aq ?@2 Z (>TR2 =>^42 Qn R@ 1A% ED = Z =`T ' AKo A 23 /7/ (>4T2 E4 AR&Te >^i the additional time limit and the proved, however, that if the construction built on the land is 10% and above of the total construction, the provisions of Sub-Art. 7 of Art. 23 of the proclamation shall be implemented, as deemed necessary. Z4, 5. AKo A\ 23 /7/ - H 2 5. An investor who has competed against the tender @ >HB4| aT^ RA_& .s issued in accordance with Sub. Art. 7 of Art. 23 of Z¡HA@, AR& xA2 Ax, the proclamation and thereby won same, he shall A!. 2, ZKK, R@ *QDS conclude a new contract with the appropriate organ. >-A=> R@2 A 4~ With regard to the period of completion of @Zm A$2 < (i.^,2 construction, he shall, having been considered the RAs > Z]QK, { --$ (iH] Z`D, 40. Permit for Service Alteration of lease A2 .A-kIj -Kn (A,G ZT required for the remaining construction activity verified by an expert. 40. ' A>] ?@[ (A,G 1. =>*2 status of the construction, given a period of time Holding Lands -] >]Q ?@ AAI 1. Where the application of land service alteration of Z another similar working sector is requested on the - 5 3 - 23 • 5 >-ZT AxRz2 basic plan of the urban center, the service alteration xA2 HZ H4 =ih2 A,G may be permitted if it is not found to contravene with (*Z the service in the locality or with the service may be `h (< » =>ª uk Day of September June, 2012, P a g e -53 land offered to a certain type of service pursuant to A2 th (?@ A,G A2 2004 . Zikre-Hig Gazette No, 23, 11 #& (A,G A2 available in the future. '^I Z[, 2. (2 (A,G A2 » ( 4R A2 ((Ú =`T zoning change, first, the plan change request shall be submitted to the Bureau through plan implementation A^ , (< l4 , Az|2 follow-up process and decided thereof. Particulars Ö ? qw *ª Zh@, { shall be decided by a directive. -}-$ A2) ( (i.^,2 2. If the application for service alteration requires plan A2 »2 --$ ZH]D, 3. (A,G A2 A.I" 3. The lease contract shall, to be concluded pursuant to >R2 2, -] (' 2p (i^ a contract concluded prior to the permission of the `h 4 #, (>^-2 2, (A,G service change and if the lease period ceiling of the A2 u- contract which has been concluded previously =AQ ED (K Aq xA AA,Ge exceeds the lease period to which causing of service >]Q2 (' u- ED A!¿ K change is requested and price change is available, be E!4 =-^J =>Q( (' caused to be adjusted on the basis of the lease period -] E!.>x=, Z4, ceiling given to the service and the new price. 4. Z 4& =-2 e AR&T A2 4. Any service change which has been undertaken Ax, 22 HZ ¤I2 (>^¤- without the awareness or approval of the appropriate *Dt2 (A,G A2 c (iA2 body prior to the issuance of this regulation shall be =`T &b (R@2 K 0.5 -m treated in accordance with the provisions of this n *.=^, A2 4& I¯ regulation by imposing a penalty of 0.5% of the -] E!.>DI Z4, construction detailed price only if the change is in conformity with the plan thereof. 5. A /4/ Z (>4T2 E4>Q 5. Without prejudice to the provision of Sub-Art. 4 of `h A /1/ ED /2/ . =>4T2 this Art. hereof, if a service change is made, in any 2 *Dt2 vw@ (A,G A2 means, other than the provisions stipulated under >^" =>ª (AxRz ,* '.>x=, c HZ Sub-Art. 1 and 2 of this Art. hereof, the change may, (i^nI HZ having been paid a penalty of 3% of the highest lease (AxRz2 =k>X price of the locality, be permitted thereto where the -Kn c (i[, =`T basic plan or the local developmental plan allows or - 5 4 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -54 (' K 3 -m n >=kG A2 it could be readjusted and the lease price shall be '^I A!. made to be completed in the remaining lease payment -] period, being adjusted in accordance with the service Z[,d (' >(2 (A,G >.>xG $2 K2 ZT (' (-^ u- type changed newly. E!QDn Z4,j 6. ( A\ `h 6. Without prejudice to the provision of Sub-Art. 5 of K this Art. hereof, where the lease price to be paid for I" =T2 A,G ZT (' K the service change is found to be less than the lease (i. `h =>ª I" T2 (' K price of the previous service type, the change may, . having been paid a penalty of 3% on the basis of the AA,G 3 /5/ I¯ A2 -m2 E4>Q (i=^A2 n (' >=kG A2 previous lease price, be permitted to him. '^IA Z[, 41. , vw@ ( 4R (Ú Ú) A2 (i4Rt2 vw@[ 41. Conditions in which Change of Plan Zoning is Made in Special Conditions 1. - 4~ ( 4R A2 *I 1. Where an agreement is reached upon discussion (*Z^IRt2 ED 4& A 42 with concerned sections of the community, =>uu{ q `Tq T A.Br change of plan zoning may, in special condition, HZ A*¢ vw@[ #h{ , vw@ be permitted for the following lands on which i=>p ?@[ Z ( 4R A2 plan zoning change is not allowed in principle '^I Z[, d and they are out of those provisions listed under Art. 42 of this regulation but there exists compelling or persuasive circumstances. _. A.U *u2>$ ( 4R (>] ?@[j A. Lands offered classification; A. Aj B. Lands allotted for market, terminal, religious A& A-Då$j ?@ (i-A=@t2 AET >*D (>-4 ?@[ for sporting contests plan institutions and places of grave. (&>]& kG[ *H( -RR Z #4. Aq '4Rt2 Z[, 2. A /1/ < >-A=e B[ 2. Plan classification change of the provisions Z ( 4R A2 '^I (i[A2 indicated under Sub-Art. 1 of this regulation may (=>*2 be permitted where the decision proposal A.>B4 HZ (=>*2 - 5 5 - 23 • 5 -Kn 2004 . Zikre-Hig Gazette No, 23, 11 Day of September June, 2012, P a g e -55 2,D submitted by the head of city administration or (>]Q2 AR& Aq Ax, Ö 2 the appropriate organ that is represented to cause (2w -] the execution of basic plan of the urban center is { accepted in accordance with Sub-Art. 2 of Art. Á& >RZT E!.^ th A #¢ 40 /2/ Z`D, 40. Particulars shall be determined in a directive. --$ ZH]D, 42. ( 4R (Ú Ú) A2 42.Conditions in which Prevents Change of (*Z4Rt2 vw@[j = @[ >-A=e Plan Category (Zoning) ?@[ Z (A,G A2 *I (>=A=A T21. ( 4Rt2 AA HZ it prohibited to make service alteration on the following lands: 4j AÙ ED A&nT (>=Ap ?@[d 1. Lands whose plan classification is demarcated/delineated for green or forest, park and reserves ; 2. ( 4Rt2 A´OGrx, (`c HZ >^|A A*- t2 (>A( @ 3. *X2 ZT &A '^{ (i[p A* or they have special feature in their natural topography; t2 ?@[d A,Gm[ 2. Lands whose plan classification is archaeological = (i& IRt2 » 2 >RZT 3. Any application to establish those services which may cause any type pollution out of their plan categories. AZh2 k, . PART EIGHT TRANSFERRING OF LEASEHOLD RIGHT (' -& .A*.>Ak 43. R@ ,>}- ?@ (' -& .A*.>Ak (' -& 43.Transferring Lease Hold Right of Land on which Construction is not Commenced (*.>AkD K.D The implementation of transferring of leasehold (*. A^f¤ AKo A 24 - right and using it as a collateral shall be carried out >R on the basis of Art. 24 of the proclamation and: (i4 `h- 1. *X2 (' RAZ@ R@ A-}- 4& A 36 (>-Q2 1. Any lessee may transfer his lease right to the third party prior to the expiry of the time for commencing =*A¶ (' -&e A.>X H the construction specified under Art. 36 of this - 5 6 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 *.>Ak Z[, th Day of September June, 2012, P a g e -56 regulation. 2. *X2 (' RA-& R@ A-}- 2. Where any lessee, with the exception of inheritance, (>-A=>q =*A¶ (' -&e transfers his lease right prior to the expiry of the time #.>,k =2. .> AKo A for commencing the construction, the provision of 24 /2/ (>-A=>2 (i^ -2 4& Sub-Art. 2 of Art. 24 of the proclamation shall be A Ax, executed on the basis of current land lease right sale -& price to be determined by the appropriate organ in 46 iH.T2 -] Hn@ AR& (-Y Aq ' accordance with Art. 46 of this regulation. -a3 K -] Z`D, 3. A /2/ >-A=>2 -&e 3. Anybody aggrieved on the process of transferring *.>Ak /-a/ l4 nY@ A2 Ax, /sale/ of his right may lodge his grievance to the nY@2 AR& A2 Ax, vk *n& appropriate organ in writing and the appropriate Z[, Ax, A. organ shall, having offered the land for tender within 2. -Ye fifteen working days, cause the respect of his right in A@ *n& AKo A 24 /2/ ED accordance with Sub-Art. 2 and 3 from (A) up to (C) A. /3/ =/_/ AR& (. E.= A2 D // >-A=>2 -] of Art. 24 of the proclamation -&e (i.Q&nA Z`D, 4. A /3/ (>-A=>2 E4>Q 4. Without prejudice to the provision of Sub-Art. 3 of `h RA-&e -a3 K2 x,>.** ED this Art. hereof, if the lessee does not agree with bid -Ye A@ E!H ^4X x,`T price and is not willing the offering of the land for AR& A2 Ax, AKo A 24 /3/ /_/ tender, the appropriate organ shall take over the land (>-A=>2 k -^ ?@2 -, by effecting the payment specified under Sub-Art. 3 Z=K, (A) of Art. 24 of the proclamation. 5. A /4/ -] AR& A2 Ax, 5. Pursuant to Sub-Art. 4 of this regulation hereof, the ?@2 (>-Q2 4& =-I¿ appropriate organ may take over the land prior to the -, A-=& (i[A2 RA-&e expiry of time limit specified under the law if the vk .Te #& &b Z`D, lessee only shows his consent in writing 6. A /1/ -] H4 .>X Ax, 6. Title to the property of leasehold right which has F (>A^ (' -& (. 22 been (i^ -2 AR& Aq Ax, R]q HZ executed on the basis of calculation or agreement of >.**q -] =>ª z Z - the appropriate organ and from the income obtained: _. E nIi kq HZ =nIi transferred to third party on sale shall be A. If the seller has effected the down payment or - 5 7 - 23 • 5 kq Z k 2004 . Zikre-Hig Gazette No, 23, 11 ^" th Day of September June, 2012, P a g e -57 =`T above the down payment, such effected payment Zåq u& ED Z u& I and the interest of same thereon, calculated at I R QR l& z- h| bank deposit rate including 5% of the difference .¢ (Tq HAI #4- I"q between previous lease price and the current sale (' K ED Av (>ªq (F price ; K ,T 5 -mj A. =>ªq ,T Z 5 -m > B. Where the remaining balance of deduction of 5% $q A-. z #4 from the obtained difference is deposited to the ED government and after the purchaser has concluded (' ºq AR& Aq Ax, >zq k Ð A-^ Z`D, q, { =>KKA a contract to effect proper lease payment to the --$ appropriate body. Particulars shall be determined by a directive. ZH]D, 7. AR& Aq Ax, A /6/ z 7. The appropriate organ may receive the money (i4A u& E4.T@tq =E deposited to it on the basis of Sub-Art. 6 of this HZ =º ', Z[, Article from the seller or purchaser as to their agreement. 8. A /6/ /_/ ED /A/ Z (>-A=e 8. Payments specified under the provisions of Sub-Art. k[ >^i (i`c Fæ =>ªq 6 (A) and (B) of this Art. shall be effected only from z Z &b Z`D, the income obtained from the sale. 44. =*F @[ R@ ^ ?@ (' -& *.>Ak 44.Transferring of Leasehold Right of the Land on which below half-completion construction is Attached 1. *X2 (R@ 1. Any lessee may transfer leasehold right of the land *QDS =*A¶ =*F @[ on which below half-completion construction is R@ ^ ?@ (' -& A.>X attached to the third party prior to the expiry of time Ax, *.>Ak Z[, of construction completion. 2. ($, .Ò (' ,* RAZ@ >-A=> >DQ, 2. Regarding to real estate development, without >QD R@ Z ($, .Ò RA_&e prejudice to the right of the investor of the real R2 2, -] A>Qi2 *.>Ak estate to transfer individual completed construction to the beneficiary in accordance with the contract he - 5 8 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -58 (i[, -`c E4>Q `h sp sp has entered into, if he, with the exception of $, =2. inheritance, wishes to transfer the real estate entirely vp to the third party, he shall undertake the construction .Òe .> H4 .>X A*.>Ak &Gg[ Z Ax, #^, AKo A 2 /16/ // proclamation. -] R@2 *=DH Zh@, 3. A\ (' 3. Price of leasehold right transferred pursuant to Sub- -& K AR& Aq Ax, (i2 Art. of this Art. hereof shall, having been separated (-Y ' -& -a3 K ED (R@ into land lease right sale price and construction K Z price, be submitted to the appropriate organ. With (]^q R@ k >-A=> regard to the payment of construction assessment -Ye attached on the land, the remaining balance shall, i, /1/ -] >AZm A.>X (>A^ in accordance with Sub-Art. 16 of Art. 2 of the Z`D,-Ye H =>A^ Ð (AxRzq (' =k>X @ Kj l4e (H H[D -] AR& tq n m[ > ,Te ARA-&e Z-A.A@, { --$ ZH]D, 4. A\ /1/ -] R@ (>^ - 22 (i^ -2 =*F ?@ having been deducted the expenses spent in the process and appropriate penalties pursuant to the law from the local lease highest bid price, be returned to the lessee, particulars shall be determined by a directive. @[ 4. Transfer of title to property of the land on which (.--& below half-completion is undertaken in accordance nIi with Sub. Art. 1 of this Art. hereof shall be carried AR& Aq Ax, iH.Tq (-Y ' out if the lessee consents to sale price of land lease -& -a3 K =>.** Z`D, right to be determined by the appropriate organ. RA-&e 5. A = /1/ E.= /3/ RAq -] 5. Pursuant to the provisions from Sub-Art. 1 up to 3 =2. .> H4 .>X Ax, (>A^ of this Art. hereof, transfer of title to property of the (' -& (. 22 (i^ -2 - lease holding right transferred to the third party shall, with the exception of inheritance, be carried out after: _. -&e (i.>,^q ]2 AR& Aq Ax, A (' EB HZ >*$ (i^A k xA =kG A. a person who is going to transfer the right has paid entirely his loan or another additional payment required from him if any; #QDnnj A. A (i^A 4, k > R /_/ -] (QR l& B. the payment, required from him pursuant to the Sub-Art. 1 (A) of this Article hereof, equivalent to - 5 9 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -59 z- h| .¢ (Tq HAI @.? the amount of interest, calculated at bank deposit #=k,j rate has been exacted; . (' -&e ->A¶ =>ª2 (' C. 95% of lease price obtained from due to transfer K 95 -m AR& A2 Ax, z of leasehold right has been deposited to the #4 ED appropriate organ; -. '« (>A^A ]2 AR& A2 Ax, A$2 >zq (' k D. a person to whom the leasehold is transferred has concluded a contract to effect the appropriate ZT A-^ q, =>KKA Ð lease payment for the remaining time Z`D, { --$ ZH]D, continuously. Particulars shall be determined by a directive. 6. A /4/ >-A=>2 -] (' -&e A*.>Ak nY@ A2 6. Anybody aggrieved to transfer his leasehold right in Ax, accordance with Sub-Art. 4 of this Article hereof A2 Ax, vk may lodge his grievance to the appropriate organ in AR& A2 Ax, writing. The appropriate organ shall, having vw@q AZm @ *.>Ak considered the condition in detailed and found it >z `h xªq A. A. (. appropriate by offering the land to tender within nY@2 *n& AR& Z[, 2. ?@2 A@ *n& AKo A 24 /3/ >-A=>2 -] -&e fifteen working days, cause the respect of his right pursuant to Art.24 (3) of the proclamation (i.Q&nA Z`D, 7. A\ /6/ -] (-Y ' =R@2 -& K (@ -TE K -a3 K ED of this Article shall be the result obtained through >4| (iªq the addition of land lease right sale price and the construction price. q£ Z`D, 8. A (>-A=>2 A2 , 8. Construction assessment specified under Sub-Art. 7 of this Article hereof shall be the assessment to be R@ made by the appropriate organ in transparent A-- (H HÆ[ xp =Fæ Z manner. If there are expenses so as to assess a (i>2 Ax, (R@ `T AR& AR& /7/ 7. The minimum tender price, pursuant to Sub-Art. 6 Z`D, construction, they shall be deducted from the sale. - 6 0 - 23 • 5 >DF Z4, 2004 . Zikre-Hig Gazette No, 23, 11 { --$ th Day of September June, 2012, P a g e -60 Particulars shall be determined by a directive. ZH]D, 45. =*F @[ R@ (>=DHT 45.Prohibitions on Transferring of Leasehold ?@ (' -& *.>Ak Z Right of Lands on which below half- (>- ,=[ construction is undertaken 1. AKo A 24 /7/ >-A=>2 -] -Y (Hn (i- 1. Pursuant to Art. 24 (7) of the proclamation if any n person transfers his leasehold right three times A*ª #R, R@ =-}-{ HZ within three years prior to R@2 *F =-QD µ. construction or half-completion of construction, he - 2. Aµ. (' -&e shall be made not to participate in any land lease .>A^ =`T AvA - =*X2 tender for two years. commencement of Particulars shall be determined by a directive. (-Y ' @ EBZ>k Z4,© { --$ ZH]D, 2. A /1/ >-A=>2 -] 2. If a person to whom decision of suspension is (EI 2w (>A^ ]2 EJ made is found participated in a tender process in 2. EJ >,× @ l4 >× suspension period by violating the suspension, he =>ª A@ shall be cancelled from the tender and the money *.=$ .u2 u& A-. z he offered for bid bond shall be deposited to the (i4 =-`c Z government as well as the suspension shall be =@2 >] ' @ extended for additional one year. EBZ>k A>*$ AI - EJ (iu Z`D, 46. (' -& -a3/ -a3/*.>A K 1. *X2 (' ,>=DHT RA-& Where any lessee transfers leasehold right of the land on which no construction is undertaken or (' below half-construction is undertaken to the third -& H4.>X H #.>,k AR& party, the appropriate organ shall determine A2 transferring price of the right on the basis of R@ ^ HZ 1. =*F @[ -Y R@ 46.Price of Leasehold Sale/ Transferring -Y Ax, -&e (i>Ak K (iH.T2 ' -& -a3 K -] lease right sale price. - 6 1 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -61 Z`D,j 2. (' -& -a3 K (iH]T2 ?@2 2. Lease right sale price shall be determined on the >A^ AxRz A2 (Hne =k>X average result obtained through the addition of (@ 4 #, current highest bid price of the locality in which >4| ED the land is transferred and the price of the land AvA >xkG ih2 A*xZ 2£ previously transferred to the lessee and divided Z`D, by two. K ARA-&e ED -Ye (>A^ K 3. º A-Ye (]Qq K A /2/ -] =>ª2 3. If the price which a purchaser offered for the land A*x¢ 2£ E, is found to be equal or above of the average HZ (i, `h z¢ (*.>A¶ result obtained pursuant to Sub- Art. 2 of this l4e regulation, the transferring process shall be AR& RA2 Ax, >RZT accepted by the appropriate organ. ZhK, 4. º K R,]Q vw@ (' -& 4. In a condition that no price is offered by the *.>A K2 (A*xZ 2£e) purchaser, the leasehold right transferring price A (average result) specified under Sub-Art. 2 of this /2/ (>Q]2 >RZT regulation shall be accepted. ZhK, 5. A /2/ -] A*xZ 2£e 5. If the average result pursuant to the provision of ARA-&e -Ye 4 #, =>A^ Sub-Art. 2 of this Article is below the price of K @[ =`T AR& A2 which the land was transferred to the lessee >4*$[ >EA2 Ax, =vAe (-a3 previously, the appropriate organ shall determine K2 better sale price of the two additions. ZH.D, 6. A /3/ (>-A=>2 E4>Q 6. Without prejudice to the provisions of Sub-Art. 3 `h º2 (]Qq K =>ª2 A*xZ of this Article, if the price offered by purchaser is K @[ =`T AR& A2 Ax, A*xZ below the obtained average price, the appropriate 2£e -TE *I ?@2 A@ organ (i2 Z`D, benchmarking the average result. k, uQ¢ (' -& K.D .A*. 47. R@ ,>=DHT ?@ K.D .A*. HZ xÌ@, A.>KOT shall present the land for tender PART NINE PLEDGING OF LEASEHOLD RIGHT AS COLLATERAL 47.Using Lands on Which Construction is not Undertaken as Collateral or Capital - 6 2 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 .A-Q Day of September June, 2012, P a g e -62 Contribution 1. *X2 (' RAZ@ AKo A 24 -] th R@ =-}-{ Any lessee may, pursuant to the provision of (' Article 24 of the proclamation, use his leasehold -&e K.D A*. HZ (=^A2 right as collateral prior to commencement of nI- construction or use the down payment he has k xÌ@, 1. A.>KOT already paid as capital contribution -Q Z[,j 2. *X2 RAZ@ A /1/ -] 2. Where any lessee uses his leasehold right as K.D *. (i[A2 =' (nIi collateral in accordance with Sub-Art.1 of this k2 HZ =nIi k2 >*$ Article, the collateral shall be only the remaining (=^A =`T =k -Qc Z AKo amount of balance of his down payment or of the A 22 /3/ - '4 (i[p paid amount if he has already paid additional >DÛ[ @.2 i2 (u& -Q payment other than the down payment after Z &b Z`D, considering possible deductions to be made pursuant to Sub-Art. 3 of Art. 22 of the proclamation. 3. A /2/ - (' -&e 3. The provision specified pursuant to the law shall, K.D .u ]2 (K.D @2 due to violating his collateral obligation, RA-H e implemented on a person who has used his -] (>-A=>2 (i^ Z`D, be leasehold right as collateral 48. R@ ^ ?@ K.D 48. Using Lands on Which Construction is .A*. HZ xÌ@, Undertaken as Collateral or Capital A.>KOT .A-Q Contribution 1. *X2 (' RAZ@ *X2 4~ 1. Any lessee may use his lease right of the holding Z R@ ^ Z@ (' -&e on which a construction at any level is attached as K.D collateral or use same as capital contribution. A*. HZ xÌ@, A.>KOT A-Q Z[, 2. *X2 RAZ@ A /1/ -] 2. Where any lessee, pursuant to Sub-Art. 1 of this K.D *. (i[A2 =' (nIi Article, uses his hold right as collateral, the k2 HZ =nIi k2 >*$ collateral shall be only the remaining amount of k (^ - =`T balance of his down payment or of the paid amount AKo A 22 =^A2 -Q Z /3/ - '4 if he has already paid additional payment other than the down payment after considering possible - 6 3 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -63 (i[p >DÛ[ @.2 i2 (u& deductions to be made pursuant to Sub-Art. 3 of -Q Art. 22 of the proclamation and the construction ED (R@ K2 >],m &b price being calculated thereof. Z`D, 3. Z 3. The appropriate organ shall provide lease right A2 (' -& -Q -~ AR& amount information of the land pursuant to the A2 provision of Sub-Art.2 of this Article hereof and e A /2/ -] -Ye Ax, (i] #` (R@ K K.D (iZu2 Ax, _ T price assessment shall be the responsibility of an organ who uses it as collateral. Z`D, 4. Z@2 construction (iZu2 Ax, 4. An organ who pledges the holding as collateral 42 (u& shall notify the assessment of the property and the -Q EB2 Ai-u2 Ax, vk money he has loaned to him to the register organ in *Hn Zh@, writing. (&e K.D ED 5. = 4& -2 K.D (>« 5. Leasehold right rights used as collateral prior to the (' -&m[ 4 =¤4 }| issuance of this regulation shall be carried out on AAI - &b I"2 A] the basis of previous working procedure only for -] (i^ s Z`D, the period of one year as of the date the ratification the regulation. 6. A /5/ (>-A=>2 E4>Q 6. Without prejudice to the provisions of Sub-Art. 5 `h -çT (>u (' EB A of this Art. hereof, where the holding which is Z@ HZ made as collateral and has lease debt, especially =*F @[ `h EB2 ZQDn ED where the construction is at the verge of >B$ @2 RA-H e (ia `h commencement or below half, is to be on sale in #¢ AR& A2 Ax, $ (' EB2 default of the lessee without completing the debt, >AZ R@2 r nIi =Fæ Z (i¢ Z`D, the appropriate organ shall obtain the remaining lease debt payment in advance from the sale. 7. A /6/ -] ,>QD $ 7. Where it is found incomplete remaining lease debt, (' EB #¢ AR& A2 Ax, (. the appropriate organ shall not carry out transfer of 22{ (i^ AZ` title of the property into the lessee. k, A. (' u- AH]j (' 2, EI j (' 2, * * PART TEN DECISION OF LEASE PERIOD AND RENEWALAND TERMINATION OF LEASE CONTRACT - 6 4 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 49. (' u- AH] th Day of September June, 2012, P a g e -64 49. Decision of Lease Period (=>* ?@ (' u- AKo A 18 The period of urban land lease shall be the time (>-A=>2 Z`D, `h AKo , specified under the provision of Art. 18 of the R,>4T HZ proclamation provided, however, that regarding the A,Gm[ (' u- >-A=> ,p lease period of development activities or services -.>BI xzw H4 (iH] Z`D, which is not definitely provided for, it shall be (,* <[ decided by the council of regional cabinet in the future. 50. (' 2, EI 50.Renewal of Lease Contract 1. (' u- EID (EI A^f¤ vw@ 1. Renewal of lease period and its execution shall be in AKo A 19 >-A=>2 - accordance with the provision of Art. 19 of the proclamation. Z`D, 2. A/1/ (>-A=>q E4>Q `h 2. Without prejudice to the provision of Sub-Art. 1 of i=>p -@ m[ (' 2p renewed due to the following basic grounds: B Z@4. Z[, _. -Kn this Article hereof, the lease contract may not be A2d A. a change in the basic plan; A. ?@2 A& n #^A ED B. where the land is required for public interest; and . TR{ ,* ?@2 iQZ2 (,* C. Where the lessee in unable to change the previous 4~ A-( RA Z@q (*Z[, #` development with the development which the land so required. 51. (A (' q, EI 51. Renewal of Lease Contract for Shortterm 1. (A ' 2, ?@2 A ,* (*Z^A # -`c AAI Z[,d`h - AR& (2, ', Ax, term where the appropriate organ ascertains that &b '@4. the land is not required for another development, EIe =A. provided, however, that the renewal of the { contract shall not exceed five years. Particular RA2 1. The land may be renewed for the period of short- AZ[, --$ ZH]D, shall be determined by a directive. 2. A*.@HS ]B -= (>^4 ?@ 2. With regard to the land permitted for erecting >-A=> ?@2 (*Z^AD ( notice board, the land shall be renewed from time En.¨ Z [ (*Z^ -`c to time having been ascertained that is not - 6 5 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 E(>Q (2 '@4. Z[,d th Day of September June, 2012, P a g e -65 required and does not cause any obstruction on traffic. 52. (' 2, .A* ED x 52.Termination of Lease Contract and A=^, Payment of Compensation 1. (=>* ?@ (' Z@ AKo A 25 1. Where the lease holding of urban land is /1/ /_/ - # >z2 HÆD terminated pursuant to the provision of Sub-Art. -3 > (' k2 ARA-&e 1(A) of Art. 25 of the proclamation, the lease >-F Z`D, payment shall be returned to the lessee after retaining the deduction of proper expense and penalty. 2. (=>* ?@ (' Z@ AKo A 25 2. Where the leasehold of urban land is terminated /1/ /A/ - # RAZ@2 AR& pursuant to Sub-Art. 1 (B) of Art. 25 of the RA2 (A^ --$ -] proclamation, >- ¢ xV Z=^AK, commensurate compensation on the basis of the lessee shall be paid proper detailed implementation directive. 3. (=>* ?@ (' Z@ AKo A 25 3. Where the leasehold of urban land is terminated /1/ // - # RAZ@2 E.= pursuant to Sub-Art. 1 (C) of Art. 25 of the AI - RA2 2. ?@2 Z proclamation, the lessee shall hand over the land ]^2 & (* -&e to the appropriate body by removing the property -Q &e * ?@2 situated on the land, having used his right to -, *.=& AR& A2 Ax, remove same, within one year. AA 4. RAZ@2 A /3/ >-A=>2 ( -& without any payment for the property where the A2 lessee has failed to remove the property within Ax, A&e k Z^ ?@2 the period of time set forth under Sub-Art. 3 of 'H.42 Z[, AA^f¤s A.^ this Art. and may order the police where it finds `h #ª2 U'. *u Z[, necessary for the enforcement of the takeover. >Qn" 4& 2. &e >]Qq 4. The appropriate body may take over the land xT AR& 53. .A=>* ?@ *.AnD (x B[ ZR¢ ]i R¦ Compensation Cases Appellate Tribunals 1. AKo A 30 /1/ -] vp (,p =>"[ 53. Clearing of Urban Lands and 2. (=>* ?@ 1. Clearing of urban lands and compensation cases appellate tribunals shall be established in all - 6 6 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -66 *.AnD (x B[ ZR¢ ]i R¦ regional cities in accordance with Sub-Art. 1 of E! Z4, Art. 30 of the proclamation. 2. AKo (>]Q2 >R 2. Without prejudice to powers and duties vested to E4>Q `h ZR¢ ]i RÀ2 H4 it by the proclamation, the appellate tribunals =>* A.>B4 ,, >QAp (Q shall have the power to decide on clearing land AxRz[ HZ [ iT¿ (?@ and compensation cases of rural areas and *.AnD Kebeles (x ., D B[ Z (-H] 54. A/e@ *n&D 2£e ?@ into city administration boundary. <, ZhK, (=>* included =*.An 54. Lodging of Complaint and its Effect >Zu2 With regard to complaints to be lodged relating to (i A/e@[ ED >] 2w[ clearing of urban lands and appeals of to be lodged Z (i ZR[ >-A=> AKo against decisions rendered thereto, it shall be carried A 28d 29 ED 30 -] (i^ out pursuant to Art. 28, 29 and 30 of the `h { --$ ZH]D, proclamation, and particulars shall be determined by a directive. 55. (=>* ?@ (*.An E¡ A] 1. Z >R A-^ ., (>]Q2 Ax, (*.AS ARAZ@2 E¡ Z] ,d 2 duty shall serve a warning order in writing to the *X2 possessor and the time may, in any way, be less than 90 days. 2. A /1/ -] (i]Q2 E¡ *.QS i=>A2 AR& _. AIE2 vk ,>ª 2. An order or warning given pursuant to Sub-Art. 1 of this Art. shall be communicated with the lessee in the following manner; ARAZ@2 E!4]2 Z4,- A. AIE2 1. An organ vested with power to discharge this Ók vw@ = 90 *T. (A HZ 55. Serving of Clearing Order Urban Land A. Through his address in writing; iA2 B. If he is not communicated, on the holding to be Z@ Z E!v AR& RA2 Ax, cleared as well as it shall be caused the affixation (*.@HS of same the notice board and public gathering ]B =`T ED & i]]&Rt2 ?@[ Z E!AQk places by the appropriate body. Z4,j . = Z 4, >/A/ -] C. A warning to be affixed pursuant to the above provision shall be considered as it were - 6 7 - 23 • 5 (>AQ^ *.QS 2004 . Zikre-Hig Gazette No, 23, 11 ARAZ@2 th Day of September June, 2012, P a g e -67 communicated with the lessee. E44]2 Z¼Q, 3. E¡ (iA2 Z@ (-. & 3. If public property is situated on the holding to be (]^ =`T AKo A 27 /3/ ED /4/ cleared by order, it shall be carried out pursuant Z >4T2 -] (i^ Z`D, to Sub-Art 3 and 4 of Art. 27 of the proclamation 4. (=>* ?@ =*.An >Z -=DH 4. Cases to be carried out in connection with (iRt2 B[ AKo A 27 ED 28 clearing of urban lands shall be implemented Art. -] 27 and 28 of the proclamation. Particulars shall (i^ `h { --$ be determined by a directive. (iH] Z`D, k, A. AI PART ELEVEN MISCELLANEOUS PROVISIONS , , I¯[ 56. (-a$ I¯ 56.Transitory Provisions 1. Z 4& . Z =-Kp AR& RA2 Ax, ETv (>^s - T@t2 (' 2G[D concluded with the appropriate body and all <[ activities performed accordingly before the coming >^fiT@t2 into force of this regulation shall be valid and (>=DHc >Q&¼ 1. All lease holding contracts which have been remain intact. Z, 2. Z 4& I¼ . Z =-Kp *X2 2. Lands offered in any lawful means before the -I A>] ?@[ ratification and enactment of this regulation may, 4 A 36 /3/ ED A 38 /3/ without affected by commencement and completion >]Q2 ED of time limit specified under the provisions of Sub. 4& ZH]c Art. 3 of Art. 36 and Sub-Art. 3 of Art. 38 of this >*$ (R@ regulation, be given as deemed necessary additional (R@ *QDS E4A.^Te -}-$ -}-$D *QDS AR& RA2 Ax, '] t2 Z[, { A^ --$ (iH] Z`D, 57. (z|2 <, D >R z|2 (i=>p <, D construction commencement and completion period of time. Particulars shall be determined by a directive. 57.Powers and Duties >R The Bureau shall have the following powers and duties: Zh{@,1. Z 4& vp ,p (i =>"[ 1. Follow up and supervise over proper - 6 8 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 iR -^ s Z=@>,j Z¼ Q,d th Day of September June, 2012, P a g e -68 implementation of this regulation in all cities in the region; 2. AKo A 3 2. Without prejudice to the provision of Sub-Art. 33 (>-Qq I¯ E4>Q `h 4 of Art. 3 of the proclamation, issue directives and A*.^¤ 33 U. A --$[D (i.[p manuals enabling it to implement this regulation; *KG[ H ,d 3. ,p Ai =>"[ (An R@ Ik 4, ED 4. within the region; -Y ,*D *wr- uk Dm[ xlB,j -,x >"|[ Z, 58. 3. Provide capacity building support to the cities n 4. Conduct studies on land development and management sectors. 58. Penalty 1. Z 4& ED 4& - (H 1. any officer or employee who is in charge of --$[ A*.^¤ (>-4 *X2 implementing this regulation and directives issued Ö HZ >X >z ,`T n pursuant to this regulation with intent to obtain for A¿ HZ A ]2 A*.ª *]&j himself or to procure for another person undue advantage: _. 4& =>4T2 qÆ (=>* ?@ (^4j A. permits an urban land in contravention of the provisions of this Proclamation; A. (@ -~[ Z R4j (@ B. fails to disclose any information pertinent to a l4e z¡R HZ (@ 2£e tender, restricts the sale of bid documents, distorts zA2j the process or reverses the outcome of a tender . 4& =>4T2 2Æ ^" C. acts in violation of the provisions of this =>ª HZ = 4& -] -H]I Proclamation or fails to take action required under (iR2 E~ ZH.I =j this Proclamation -. U. A = 4, _ E.= (>-A=e m[ t,>¢T D. commits the offences specified under the provisions from A up to C of this Sub-Art. above negligently; =^¤-j 2. *X2 ]2 Z 4& HZ 4& 2. Any person in violation of the provisions of this -] (H --$[ ->Ak regulation or directives issued pursuant to this (=>* ?@ A| =ujR@ xxy4 regulation fences an urban land, undertakes HZ =AK¢ Z@ =Aj construction on it or encloses it with his adjacent land; - 6 9 - 23 • 5 2004 . Zikre-Hig Gazette No, 23, 11 th Day of September June, 2012, P a g e -69 3. (=>* ?@ ' @ (iHB4 *TX2 3. any bidder of urban land lease tender who presents ]2 (Á] *.~ xj-A (T a falsified documentary evidence or conceals any -~ evidence which he should have disclosed or AKo connives at an act of fake competition shall be =4j --Q HZj= (Á] >HBB$ 2II x4 penalized as per to the provisions of 35 of the A 35 >4T2 -] Z ,j proclamation. 59. (->R @ 59.Duty to Cooperative 1. *X2 ]2 Z 4& ED 4 1. Any person shall have the duty to cooperate with >=A2 (iH --$[ *.^ appropriate organs with regard to implement this EI regulation and directives to be issued subsequent to AR& xt2 Ax this regulation. (->R @ AA 60. (>E{D >^iT (*Zht2 60.Repealed and Inapplicable Laws [ 1. ,, E4D (=>* ?@ A-4 ' (H 2 .A- 4& 1. The Regional Urban Lands Lease Tenure (Amendment) Regulation No. 6/2002 is hereby repealed. 6/1994 . 4& >Fè,j 2. = 4& (i *Dt2 2. No other regulation, directive or customary 4&j --$ HZ (>A-4 A] practice which is inconsistent with this regulation 4& shall apply to matters covered therein. 2. >a^c B[ Z >^fiT AZh2 61. 4 (i¤D 61.Effective Date Z 4& ,p -. 1 This Regulation shall come into force as of the date of its @" =H }| (¤D Z`D, publication on the Zikre Hig Gazette of the Regional State. R B Done at Bahir Dar 5 2004 . This 11th day of September, 2012 A2 Ñ Ayalew Gobezie (A* &+ , -< E] -.>BI Head of the Government of the Amhara National Regional State