Land Registration Measures

Document Sample
Land Registration Measures Powered By Docstoc
					Land Registration Measures
?【Unit】 Land and Resources issued
 【Number】 Land and Resources issued Order No. 40
 【Date】 2007-12-30
 Go into effect 2008-02-01
 【Date】 ----------- failure
 【Category】 state laws and regulations
 【Source】 Chinese Government Network paper

Land Registration Measures

(Ministry of Land Order No. 40)




"Land Registration" has been November 28, 2007 Ministry of
Finance Ministry of Land and 5th session, is hereby promulgated, February 1, 2008
shall come into force.

Minister Xu Shaoshi
December 30, 2007


Land Registration Measures

Chapter I General Provisions

The first act to regulate the registration of land, protect land rights of the legitimate
rights and interests, under the "Property Law", "The
People's Republic of China Land Management Law,"
"The People's Republic of China on Urban Real Estate
Administration Law" and "The People's Republic of
China Land Management Law Implementing Regulations "formulated.

Article The term land registration, is the state-owned land use rights, collective land
ownership, collective land use rights and land mortgages, easements and the need for
registration in accordance with laws and regulations and other land rights recorded in
the land register Publicity behavior.

Preceding paragraph state-owned land use rights, including state-owned construction
land use rights and the right to use state-owned agricultural land; collective land use
rights, including collective construction land use rights, land use right and collective
right to use agricultural land (excluding land contract right).
The third principle of land registration by local registration.

Applicants should be in accordance with this approach to the land where the
people's governments above the county level administrative department of
land resources for land registration, the registration above the county level shall
compile a report, issuing land rights certificates. However, land mortgages, easement
land and resources by the people's governments above the county level
administrative departments of the registration, issuance of certificates of land of other
rights.

County-level administrative regions cross the land use, land should be reported across
the region were above the county level for land registration.

Use of central government institutions in Beijing, the land, in accordance with the
"land central government institutions in Beijing, Land Registration
Measures" of the regulations.

The state shall implement the system of land registration staff certificates.
Examination and registration of land ownership in the staff review, shall obtain the
State Council administrative department of land resources, land registration issued
qualification certificates.

Chapter II General provisions

Article land were registered for the unit.

Parcel of land ownership is the boundary of a closed block or space.

Article shall be in accordance with an application for land registration, but the laws,
regulations, and except as otherwise provided in this way.

Article VII of the common land registration should apply by the parties, but one of the
following circumstances, can unilaterally apply:

(A) of the total land registration;

(B) of the state-owned land use rights, collective land ownership, the initial collective
land use rights registration;

(C) the right of inheritance or legacy, the acquisition of land registration;

(D) the government has already taken legal effect of the land ownership dispute the
decision to acquire land rights registration;
(E) the people's court, arbitration has already taken legal effect of the legal
instrument to obtain the registration of land rights;

(Vi) correction of registration or registration of opposition;

(Vii) name, address or change of registration applications;

(H) the replacement of land rights or renewal of certificate;

(9) in accordance with the provisions of the other party may apply for the situation
unilaterally.

By two or more land use right to use a common land, can apply for land registration,
respectively.

Article applicants for land registration, registration should be based on different
submit the following materials:

(A) land registration;

(B) the applicant identity documents;

(C) proof of land ownership of the source;

(D) cadastral survey, map and parcel number of boundary coordinates;

(E) the ownership certificate on the ground attachments;

(Vi) laws and regulations of the duty-paid or tax reduction and exemption certificate;

(7) The Regulations of the other evidence.

Of the preceding paragraph (d) provides cadastral survey, map and parcel number of
boundary coordinates, you can entrust a qualified professional and technical unit of
the cadastral surveys.

Applicants apply for land registration, shall faithfully to the administrative department
of land and resources to submit relevant materials and reflect the true situation, and
the substance of the application materials responsible for the authenticity.

Article X of the land rights of minors should apply for registration by their guardians.
Apply for land registration of minors, in addition to submission under Article IX of
the material in this way, the guardian shall be submitted as evidence.
Article agent for land registration, in addition to the measures introduced under
Article IX of the material, should also submit a power of attorney and agent
identification.

Deputy foreign applicants land registration, power of attorney and proof of identity by
an agent or certification shall be notarized by the law.

Article XII of the parties as land registration, land resources administrative
department shall be dealt with separately under the following circumstances:

(A) the application for registration of land is not in the registration area, it shall not
accept a decision made on the spot and inform the applicant to the competent
administrative department for land and resources;

(B) for materials that can be corrected on the spot the error, it shall allow the applicant
corrected on the spot;

(C) of the application materials are incomplete or do not meet the statutory form, on
the spot or within five days, inform the applicant to make corrections all the contents;

(D) of the application materials are complete and meet the statutory form, or the
applicant has submitted all required corrections in accordance with the application
materials, shall accept applications for land registration.

Article XIII of the administrative department of land resources, land registration
applications received, deemed necessary, may ask the registration to the applicant can
also apply for registration of land on the ground view.

Article XIV of the administrative department of land and resources shall accept an
application for review of land registration, and registration in accordance with the
following provisions:

(A) land registration based on the audit results to the unit were to complete the land
register;

(B) the relevant land register content to the right to fill out human units of land owned
by households card;

(C) According to the land register of the relevant content to fill these units of land
rights for the certificate. Of the total of a land, land rights should be two or more
people land rights certificates were completed.

Land resources administration departments in the process of land ownership and land
use rights before the registration shall be reported to the same level government
approval.

Article XV of land register land ownership rights and content based. Land register
shall contain the following elements:

(A) land rights or name of the person's name, address;

(B) the nature of land ownership, tenure type, access time and period of use, rights
and content changes;

(C) the land is located, boundary, area, parcel number, use and access prices;

(D) the situation on the ground attachments.

Government land register shall be affixed seal.

Land register electronic media should be backed up daily offsite.

Article XVI land rights land rights certificates are proof of the enjoyment of land
rights.

Certificate of record of land rights issues, should be consistent with the land register;
record inconsistent, in addition to evidence of land registration is definitely wrong, the
subject of land register.

Article XVII of land rights certificates include:

(A) state-owned land use certificate;

(B) of the collective land ownership certificates;

(C) Collective land use certificate;

(D) land his rights certificate.

State-owned construction land use rights and the right to use state-owned agricultural
land in the state-owned land use certificate specified; collective construction land use
rights, land use right and collective right to use agricultural land in the collective
land-use certificate specified; land mortgages and easements Other rights in land
certificate stated.

Land rights certificates by the State Council administrative department of land and
resources unified supervision.
The 18th article of the following circumstances shall not be registered:

(A) of the disputed land ownership;

(B) of the land law violations not addressed or are being processed;

(C) Failure to pay the full land compensation fees and other taxes;

(D) application for registration of land rights than of the deadline;

(E) other non-registered according to law.

Not registered, it shall inform the applicant in writing the reasons for non-registration.

Article XIX administrative department of land and resources shall accept the
application for land registration from the date of 20 days, gone through the review of
land registration procedures. Special circumstances require an extension, and by the
administrative department of land and resources were approved, may be extended on
the 10th.

Diershitiao the formation of land registration documents, by the administrative
department responsible for land resources management.

Application for land registration, land registration and approval form, land registration
and land owned by household register card shall be determined by the State Council
administrative department of land and resources requirements.

Chapter III of the total land registration

Article 1 The term of the total land registration, is within a certain time, all the land
area or a specific area of land for the full registration.

Article 2 of the total land registration must be posted. Notice of the main contents
include:

(A) the division of land registration district;

(B) the duration of land registration;

(C) Write location of land registration;

(D) land registration applicant must submit the relevant documentation;

(E) requires notice of other matters.
Twenty-three pairs were consistent with general registration requirements, the
administrative department of land and resources from the public announcement.
Notice of the main contents include:

(A) land rights or name of the person's name, address;

(B) approve the registration of land located in an area, use, ownership properties, use
the right type and period of use;

(C) the land rights holders and other interested parties to challenge the time limit,
methods and processing sector;

(D) other matters required to be publicized.

Article 4 notice expires, the parties reviewed the results of the total land registration
no objection or opposition is not established by the administrative departments of land
and resources approved by the government for registration.

Chapter IV of initial registration

Article 5 The term of initial registration, the registration of means of the total land
rights on the establishment of land registration.

According to Article 6 obtained through allocation of state-owned construction land
use rights, the parties shall hold above the county level land use approval documents
and the written decision of state-owned land allocation and other related documents,
the application of state-owned construction land use right transfer the initial
registration.

Newly started construction projects large and medium state-owned land use allocation,
should also provide inspection reports completed construction projects.

第二 17 obtained according to the law to sell state-owned construction land use rights,
the parties shall pay the full price of state-owned land transfer, the holders of
state-owned construction land use right transfer contract and pay the price of land
transfer documents and other relevant supporting materials, for selling state-owned
Initial construction land use right registration.

第二 18 transfer of state-owned construction land use right by law to sell state-owned
construction land use rights, the parties shall take the original state-owned land use
certificate, transfer the contract and the price to pay land transfer documents and other
relevant documents, the application of state-owned construction land use right transfer
initial registration.
第二 19 state-owned land lease law to obtain state-owned construction land use
rights, the parties shall hold the land lease contract and pay the rent and other related
documents supporting documents to apply for leasing state-owned construction land
use right initial registration.

According to the third 10 state-owned land use rights obtained or shares of
state-owned construction land use rights, the parties shall take the original
state-owned land use permits, land use rights or shareholder approval of financing
documents and other relevant supporting materials, for appraised value or the shares
of state-owned Initial construction land use right registration.

第三十一条 obtained the state authorized to operate state-owned construction land
use rights, the parties shall take the original land use permit, land disposal of assets
approved documents and other evidence related to the application authorized to
operate state-owned construction land use right initial registration.

第三 12 peasant collective land ownership shall hold evidence of collective land
ownership, collective land ownership for initial registration.

第三 13 according to the law of collective land for construction use, the parties shall
hold the right of the people's government approved land use approval
documents, the collective construction land use rights for the initial registration.

34th stipulated in a collective land ownership in accordance with law to collective
construction land use rights shares, the form of joint venture set up enterprises, the
parties shall hold the right of the people's government approved the
ratification documents and related contracts, collective construction land use rights for
the initial registration.

第三 15 shall use the collective land for agricultural production, the parties shall hold
agricultural land use contract, the collective agricultural land use rights for the initial
registration.

第三 16 mortgage land use rights according to law, the mortgagee and the mortgagor
shall hold land rights certificates, the main creditor of debt contracts, mortgage
contracts and related documents, the application for registration of land use right
mortgage.

Times during the same number of mortgages to mortgage registration in order of
registration for the mortgage.

Meet the mortgage registration of, the administrative department of land and
resources should be secured contractual matters related to land rights, land registration
and the certificate to be recorded, to the mortgagee the right to issue certificates of
land in his entry. Application for registration of the mortgage for the maximum
mortgage should be recorded in the maximum guaranteed amount of debt, the period
of maximum mortgage and so on.

37th amended, in the land easement, the parties apply for registration of the easement
for the property rights and labor rights shall be served to the administrative
department of land and resources to submit the certificate of land rights and easement
contracts relevant evidence.

Meet the registration conditions of the easement, land resources administration
departments of the easement should be agreed in the contract were recorded in the
matter and the need for labor to labor in the land registration and land rights
certificates, and stored in the easement contract and the need for labor to labor in the
case to file.

For labor, the need to labor to land and resources belong to different administrative
departments under the jurisdiction of, the parties may be responsible for the
registration of land and resources served to the competent administrative department
for registration of the easement. Responsible for the registration for the labor
administrative department of land and resources to complete the registration, it shall
be served notice for the registration of land and resources administrative departments,
by their labor to be recorded in the land register.

Chapter V Registration of change

38th change of registration referred to in these Measures means that people change
because of land rights, land rights, or because the name or the name, address, and a
change in land use and other elements carried out the registration.

第三 19 according to the law to sell state-owned land leased, appraised value or the
shares obtained in the state-owned construction land use right transfer, the parties
shall take the original state-owned land use right certificates and land transfer of the
relevant evidence occurs, application of state-owned construction land use rights
change of registration.

Fourth 10 by law the sale, exchange, donation ground buildings, structures and
ancillary facilities to involve the transfer of construction land use rights, land rights,
the parties shall take the original certificate, certificate of ownership after the change
of housing and land use right is transferred to the relevant evidence , for construction
land use right to change the registration. Related to land use rights transfer, the parties
should also provide the right of the people's government approved the
document of approval.
第四十一条 legal person or other organization for the merger, division, merger,
bankruptcy and other reasons led to land-use right is transferred, the parties shall hold
the approval of the relevant agreements and relevant documents, the original land
rights certificates and other relevant supporting documents, for land use the right to
change the registration.

第四 12 for disposal of the mortgaged property to obtain land use rights, the parties
should be punished in the mortgaged property, the holders of the relevant documents
to apply for change of land use right registration.

Forty-third strip of land use right mortgage period, the land use right transfer shall
occur, the parties shall, mortgagee's written consent to an assignment that
the transfer contract and other relevant evidence, application for change of land use
right registration.

Have been secured after the transfer of land use rights, land rights, the parties shall
hold the certificate and his rights certificate, change of registration for land mortgage.

44th of land registered according to law, as amended by the main creditor is the
mortgage transfer of the ownership of, the main creditor of the assignor and the
assignee can take the original land his rights certificate, transfer agreement, has
notified the debtor and other relevant evidence to prove apply for registration of
change of land mortgage.

第四 15 because of the people's court, arbitration of legal instruments in
force or by inheritance, bequest made by the land use right, the parties applying for
registration, shall, legal instruments in force or the death certificates, wills and other
relevant supporting materials, for land use rights change of registration.

Right in the transfer of the registration before the first set of land use right or land
mortgage, should be in accordance with the method first applied for registration of
land rights to its name, then apply for change of registration of land rights.

第四 16 has easement land use rights transfer, the party applying for registration for
the rights of labor to be served to the right and shall hold the easement after the
change of land rights, contracts and certificates and other relevant evidence , the
application for change of registration of the easement.

47th strip of land rights or name names, address changes, the parties shall take the
original certificate of land rights and other related documents, the application name or
the name, address, change of registration.

48th strip of land use is changed, the parties shall hold the relevant approval
documents and the original certificate of land rights, land use application for change
of registration.

Land use change required by law to pay up the price of land transfer, the parties
should also submit the cost of back payment of land transfer documents.

Chapter VI of the cancellation of registration

49th article this way to call for cancellation of registration, is due to the elimination of
land rights, etc. for registration.

Anyone who commits any of the following circumstances, can be directly for
cancellation of registration:

(A) to recover the state-owned land according to law;

(B) of the collective land of peasants imposed by law;

(C) the people's court, arbitration resulted in the effective legal instruments
to eliminate indigenous land rights, the parties did not apply for cancellation of
registration.

第五十一条 caused by natural disasters such as the right to destroy the land, the land
rights of indigenous land rights shall take the original certificates and related
documents, the application for cancellation of registration.

第 五 12 non-domestic state-owned construction land use right expires, the
state-owned construction land use right has not apply for extension or renewal has not
been approved, the parties shall within fifteen days before the deadline, the original
land rights certificate holders to apply for cancellation of registration.

第 53 have registered mortgage of land, easements terminated, the parties shall
mortgage the land, easements, within fifteen days from the date of termination,
holders of the relevant documents to apply for land mortgages, easement off
registration.

第 54 parties are not in accordance with this approach 第五十一条, fifth 12 and 53
applications for cancellation of registration requirements, land and resources
administrative departments shall order the parties within a time limit; those who do
not go through, and to write-off announcement, directly after the expiry of notice for
cancellation of registration.

55th strip of land mortgage expires, the parties have not applied for cancellation of
registration of mortgage of land use rights, in addition to a mortgage of land use right
term expires, the land resources administration departments of land use rights shall
not be secured directly to cancel the registration.

56th, after write-off strip of land registration, land rights certificates should be
recovered; does not recover, it shall indicate on the land register, and after the repeal
have been announced.

Chapter VII of the other registration

57th article this way referred to any other registration, including the correct
registration, objection registration, notice of registration and seal registration.

第五 18 administrative departments of land and resources found in matters of land
registration records do wrong, it should be reported to the government for approval
after the correct registration, and notify the parties to apply for replacement within the
prescribed time limit or cancel the certificate of land rights, the procedures . If the
party does not apply, the administrative departments of land and resources approved
and announced by the government after the original certificate of revocation of land
rights.

Correct registration rights relating to land ownership, it shall correct the registration
of the results announcement.

59th strip of land rights of people think that the matters recorded in the land registry
errors, you can hold the land rights of the original registration certificate and proof the
wrong materials, for correction of registration. Interested parties that the land register
records the wrong issues, land rights holders who can correct the written consent of
the supporting documents for correct registration.

VI 10 the right to the land register records do not agree to correct, an interested person
may apply to register objections.

Meet the objection to the registration of, the administrative department of land and
natural resources related issues should be recorded in the land register, a registration
certificate to the applicant for the opposition, while writing recorded in the land
register land rights of people.

Objection to the registration period, registration of rights without the consent of
objection shall not apply for change of registration of land rights or to set the land
mortgage.

第六十一条 one of the following circumstances, the opposition registered applicant,
or recorded in the land register can hold land rights related materials for registration
cancellation of objection:
(A) register the applicant objection objection within fifteen days from the date of
registration is not charged;

(B) of the People's Court on the objection to registration of the
applicant's prosecution inadmissible;

(C) of the People's Court on the objection to registration of the
applicant's claims are not supported.

Objection to the registration failure, the original applicants have registered objections
to re-apply, the administrative department of land and resources inadmissible.

62nd The parties signed the agreement on transfer of land rights can be held in
accordance with the agreed transfer protocol application for advance registration.

Compliance notice on the registration of, the administrative department of land and
natural resources related issues should be recorded in the land register, notice of
registration certificate issued to the applicant.

Advance registration, claims to eliminate or from the date of registration of land
within three months the parties did not apply for land registration, notice of
registration failure.

Advance registration period, registration of rights without the consent notice, shall not
apply for change of registration of land rights or land mortgages, registered
easements.

第六 13 administrative departments of land and resources should be based on sealed
court ruling provides notice of the book and assist in the implementation, report to the
government approval of the seal or seal of the situation pre-register on the land to be
recorded.

第六 14 administrative departments of land and resources to assist courts in the
implementation of land use right, and do not assist in the implementation of effective
legal instruments and notice of the substantive examination. The administrative
department of land and resources that the court's seal, pre-sealed entry into
force of the written order or other legal instrument error, you can review the proposals
submitted to the court, but not stop the process assist in the implementation issues.

第六 15 pairs of debtor by inheritance, or enforce judgments made, but not register
the change of land use right of the attachment, the administrative department of land
resources in accordance with the implementation of the court seized of obtaining
property by the debtor submitted based on inheritance proved effective judgments or
written order and assist in the implementation of such notice, to register the changes
first, the re-registration process seal.

66th strip of land use rights during the pre-seizure registered in the debtor name,
pre-registration automatically sealed to seal the registration.

67th of the same court by two or more cases of land seizure, the administrative
department of land and resources should be first served notice of the court assist in the
implementation process seal registration, assist in the implementation of the service
after notice of the court wait seal registration process and inform in writing its right to
use the land has been seized of the facts and other people's court seized of
the situation.

Waiting for the order of registration in accordance with the court seal to assist
implementation of the notice of the time served successively arranged. Sealing the
court shall lift the seizure, the array automatically sealed prior to sealing the waiting;
sealed court sealed all the processing of land use rights, and arranged in sealing expire
automatically after waiting; sealed court seized part of the land use rights processing
of the remainder, arranged in sealed automatically after waiting to seal.

Pre-sealed on the Waiting reference under the first and second paragraphs of this rule.

第六 18 sealed, pre-seizure expires or the court lift the seizure, attachment, seizure
pre-registration is invalid, the administrative department of land and resources should
be sealed off, pre-sealed register.

第六 19 pairs of people's court shall be sealed, pre-seizure of land use
rights, in sealed, pre-seizure period, the changes may not apply for registration of land
rights or land mortgages, registered easements.

Chapter VIII of the protection of land rights

VII of the 10 legally registered as state-owned land use rights, collective land
ownership, collective land use rights and land mortgages, easements protected by law,
no unit or individual shall not be violated.

第七十一条 land and resources above the county level shall strengthen the land
administration departments of the registration results of information systems and
database construction, to achieve national and local land registration results of
information sharing and remote queries.

72nd State shall implement the public inquiry system of land registration. Land rights
holders, interested parties can apply for land registration information inquiry, the
administrative department of land and resources should be provided.
Land registration public inquiry, in accordance with the "land registration
information is publicly accessible way," the provisions.

Chapter IX Legal Responsibility

73rd The parties forged certificate of land rights, land and resources by the
people's governments above the county level shall confiscate the
administrative department of land rights forged certificates; serious cases which
constitute a crime shall be held criminally responsible.

第七 14 administrative departments of land resources, land registration staff in
dereliction of duty, abuse of power, favoritism, and shall be given administrative
sanctions; constitute a crime shall be held criminally responsible.

Chapter X Supplementary Provisions

75th, as amended, provinces, autonomous regions and municipalities determine local
people's governments above the county level that one department
responsible for land and housing registration, and its real estate registration in the land
registration, shall conform to the provisions of its real estate certificate of the content
and style should be reported to the State Council approved the administrative
department of land and resources.

76th strip of land registration in the notice required under this approach, it should be
in the people's government or administrative department of land and
resources portal on notice.

第七十七条 certificate of loss of land rights, loss of land rights holders should be
published in the designated media loss, loss before it can apply for a replacement.
Replacement      certificate  of      land     rights     should     be     marked
"replacement" words.

78th article this way since February 1, 2008 shall come into force.

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:78
posted:8/26/2010
language:English
pages:15