Land Registration

Original Language Title: 土地登记办法

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(December 30, 2007 Department of land information promulgated as of February 1, 2008, 40th) Chapter I General provisions article standards land registration Act, protect the legitimate rights and interests of land rights, in accordance with the People's Republic of China Law on real right, the People's Republic of China land administration law and the People's Republic of China on urban real estate administration law and the People's Republic of China implementing regulations of the land administration law, these measures are formulated.
    Land registration in these measures in article, refers to state-owned land and collective land ownership, land use and land mortgage, land easements and in accordance with the laws and regulations required to register additional publicity in the land recorded in the land register Act.
    State-owned land use rights prescribed in the preceding paragraph, including the use of land for construction of State-owned and State-owned farming land; collective land use rights, including collective construction land use right, homestead and collective farming land (excluding land).
    Article III land registration to register principle of territoriality. Applicants shall, in accordance with the land and resources of the people's Governments above the county level, where the approach to the land Administrative Department in charge of land registration applications, reported the people's Governments above the county level shall register in accordance with law, issued by the land-use rights certificates.
    However, land mortgage, easements by the Administrative Department of land and resources of the people's Governments above the county level shall register and issuance of certificate of land that he rights.
    Cross county-land, shall be submitted to the land across the region by the people's Governments above the county level for land registration, respectively.
    Central State organs in Beijing land, in accordance with the central State organs in Beijing of the land registration regulations. Fourth State practices ' certified system of land registration.
    Staff engaged in review audit and registration of land ownership, land and resources administrative departments under the State Council shall be obtained of land registration certificate issued.
    Chapter II general provisions article fifth land in land registration.
    Ancestor grade refers to the land ownership boundaries enclosed block or space.
    The sixth should be carried out in accordance with the land registration, laws, regulations, and except as otherwise provided in this way. Seventh article land registration should by party common application, but has following case one of of, can unilateral application: (a) land total registration; (ii) State-owned land right, and collective land ownership, and collective land right of initial registration; (three) for inherited or legacy made land right of registration; (four) for Government has occurred legal effectiveness of land ownership dispute processing decided and made land right of registration; (five) for court, and
    Arbitration body has legal effect of registration of land rights relating to legal instruments; (f) correction of the registration or registration; (VII) registration of change of name, address, or use, and (VIII) the replacement or renewal of the certificate of land rights and (IX) other circumstances that in accordance with the provisions of the party concerned may take the unilateral application.
    Eighth land more than two people share a land, you can apply for registration of land.
    Ninth article applicants application land registration, should according to different of registration matters submitted following material: (a) land registration applications; (ii) applicants identity proved material; (three) land ownership source proved; (four) to nationality survey table, and cases map and the cases boundary site coordinates; (five) ground attached real ownership proved; (six) legal regulations provides of-paid or tax voucher; (seven) this approach provides of other proved material.
    The preceding paragraph (d) the provision of cadastral survey boundaries of parcel map and location coordinates, may entrust a qualified professional and technical unit of cadastral surveys.
    Applications for land registration, submitted to the land and resources administrative departments shall faithfully related materials and reflect the true situation, and is responsible for the authenticity of the substance of the application materials. Tenth land rights of minors, by their guardians shall be applied for registration.
    Of minor land registration applications, in addition to the provisions of article Nineth material, the guardian's identification documents shall be submitted.
    11th entrusts an agent to apply for registration of land, in addition to the provisions of article Nineth materials, should also submit a power of Attorney and agent identification.
    Agents overseas applicant applying for registration of land, power of Attorney and the principal proof of identity shall be certified by the notary or by law. 12th article on party proposed of land registration application, land resources administrative competent sector should according to following situation respectively made processing: (a) application registration of land is not this registration area of, should spot made not accepted of decided, and told applicants to has jurisdiction right of land resources administrative competent sector application; (ii) application material exists can spot corrections of errors of, should allows application people spot corrections; (three) application material not complete or not meet statutory form of,
    Shall, on the spot or within the 5th time inform all applicants need to supplement the content, (iv) application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the applicant, shall accept applications for land registration.
    13th Department of land and resources administration after accepting an application for land registration, deemed necessary, on matters relating to registration to the applicant asking, and you can see the applications for registration of land. 14th article land resources administrative competent sector should on accepted of land registration application for review, and according to following provides handle registration procedures: (a) according to on land registration application of audit results, to cases to for units fill in land registration book; (ii) according to land registration book of related content, to right people for units fill in land return households card; (three) according to land registration book of related content, to cases to for units fill in land right certificate.
    Of total land, should evaluators for more land rights certificates of land rights.
    Administrative departments of land and resources in land ownership and land use prior to registration, shall be submitted to the approval of the people's Governments at the same level. 15th article content ownership and land rights in the land register under.
    Land register shall contain the following information: (a) land rights name or name and address of the person; (b) nature of land ownership, the right type, access time and duration of use, rights and content changes; (c) the land is located, the location and area, use and prices achieved, ancestor grade, and (iv) attachment on the ground.
    Land register should be stamped with the seal of the people's Government.
    Use of electronic media in the land register, daily off-site backups.
    16th section land rights enjoy land rights in land rights certificates are proof of that.
    Items recorded in the land rights certificates, should be consistent with the land registry; inconsistent records unless there is evidence that the land there are errors in the register and the land register shall prevail.
    17th land rights certificate include the following: (a) State-owned land use permit, (ii) the collective land ownership certificates; (c) the collective land use permit; (d) the land right certificates.
    Construction of State-owned land and State-owned farming land in State-owned land usage certificate uploaded tomorrow; collective construction land use right, homestead and collective farming land in land use permits specified; land mortgages and easements on land his rights specified in certificates.
    Land rights certificate produced by the land and resources administrative departments under the State Council unity.
    18th under any of the following circumstances shall not be registered: (a) the land ownership dispute, (ii) land violations have not been or are being addressed, (iii) failing to pay land use fees and other taxes paid; (d) applications for the registration of land rights in excess of the prescribed period, (v) other not registered according to law.
    Is not registered, shall inform the applicant in writing reasons for registration. 19th Ministry of land and resources administrative departments shall from the date of accepting an application for land registration in the 20th, settles land registration and examination procedures.
    Extension of special circumstances so require, upon approval by the heads of departments of land and resources administration, you can extend the 10th.
    20th formation of land registration documents, by the administrative authorities responsible for the management of land and resources.
    Applications for land registration, land registration form, land register and land register card design by the land and resources administrative departments under the State Council.
    Total registered the 21st chapter land total land registration in these measures, refers to a certain time on the area of land or within a specific area of land comprehensive registration. 22nd the total land registration shall be issued.
    Notice includes: (a) the Division of the land registry district, (ii) duration of land registration, (iii) the land registration pickup location; (d) the land registration, the applicant shall submit relevant documentation; (v) other things to notice. 23rd to meet the General registration requirements, the Department of land and resources administration shall be published.
    Main contents of the bulletin include: (a) the name or name and address of the land rights, (ii) approve the registration of land location, area, purpose, nature of ownership, the right type and uses the term and (iii) land rights and other interested parties raised objection to the term, manner and accepting institution and (iv) other matters need to be announced.
    24th posting expires, land registration audit results by the parties without objection or opposition is not established, the Department of land and resources administration by the people's Government approval of registration.
    Primary registration of fourth chapter 25th initial registration in these measures refers to the total land registration registration of established land rights.
    26th allocation method made use of State-owned land use right according to law, the parties should be approved by the people's Governments above the county level to document state-owned land allocation decisions and other relevant certificates and materials, apply for allocation of primary registration of right to use State-owned land for construction.
    New construction of large and medium construction projects using the allocation of State-owned land, construction project completion report should also be provided.
    27th to transfer access to state-owned construction land according to law, all parties shall pay the land transfer price, State-owned construction land transfer contract and land price pay vouchers and other relevant documents, primary registration of application for use of State-owned land.
    28th allocate the use of State-owned land has been converted to state-owned construction land use right according to law, the Parties shall take the original state-owned land use permit, transfer contracts and land price pay vouchers and other relevant documents, primary registration of application for use of State-owned land.
    29th according to law on State land lease, a State-owned construction land, Parties shall hold the lease and land rent payment vouchers, and other related materials that apply for leasing State-owned primary registration of right to use construction land.
    30th according to law to state-owned land-use rights to make investment or stake acquisitions of State-owned construction land, the Parties shall take the original land use permits, land rights or shareholder approval documents and other relevant evidence, application pricing, investment, or a stake in State-owned construction land's initial registration.
    31st state obtained authorization to operate State-owned construction land, Parties shall take the original state-owned land use permit, the disposals approved documents and related materials that apply for authorized operation of State-owned construction land's initial registration.
    Article 32nd farmer collective land ownership shall take the collective land ownership documents, application for initial registration of collective land ownership.
    33rd legal use of collective land for construction, the Parties shall hold ratification approved by the people's Government of the right files, apply for registration of collective-owned construction land's original.
    Article 34th collective land ownership in collective construction land use right according to law investment enterprises, joint ventures and other forms, the Parties shall hold a right of approval of the people's Government of the approval documents and contracts, apply for registration of collective-owned construction land's original.
    35th legal use of land for agricultural production, the interested party shall with agricultural land use contracts, apply for primary registration of collective farming land.
    Article 36th mortgaged land, the mortgagee and the mortgagor shall land rights certificates, home credit and debt contracts, mortgage contracts, and relevant supporting documents, apply for registration of mortgage of the land.
    Same time mortgages, mortgage registration in mortgage applications for registration order. Meet the conditions for registration of mortgage, mortgage contract should be agreed by the Administrative Department of land and resources on matters related to land register and land rights can be recorded on the certificate and land right certificates issued to the mortgagee.
    Application for registration of the mortgage as the mortgage of maximum amount, shall record the guarantees of the highest amount of claim and the period of the mortgage, and so on.
    37th after the right to an easement on the land, the party applying for registration of an easement, the servient owner land and the easement rights to the land and resources administrative departments shall submit land rights certificates and easement contract and other related documents.
    Meet the conditions for registration of an easement, departments of land and resources administration matters related to the contract of an easement should be separately recorded in the servient land and the easement of land register and land rights certificates, and saves the easement contract from the servient and needed to archive of bondage. Servient, dominant tenement belonging to different departments of land and resources administration jurisdiction, parties may register with the charge of the servient land and resources administrative departments to apply for registration of easements.
    Is responsible for the registration of the servient land and resources administrative departments after the registration is complete, it shall notify the responsible for the service you want to register the land and resources administrative departments, which recorded in the land register of the service you want.
    The fifth chapter registration registration in 38th article of the rules refers to land right change, or for land owner name or title, address and land use change of registration.
    39th lawfully transfer, land rental, pricing, investment or share access to state-owned construction land transfer, the Parties shall take the original state-owned land use permit and land rights transfers the related evidentiary materials, apply for registration of change of State-owned construction land. 40th due to legally sell, Exchange or donation-ground buildings, fixtures and accessories related to construction land use right transfer, the Parties shall take the original land-use rights certificates, after change of ownership certificates and land use right transfer of relevant supporting material, an application for land registration.
    Involving the transfer of land use right transfer, people's Governments should also provide the parties have the right of approval of the ratification documents.
    41st due to legal persons or other organizations for merger, Division, mergers, bankruptcies and other causes of land-use right transfer, relevant authorities of the Parties shall take the relevant agreements and approval documents, indigenous land rights certificates and other relevant documents, apply for registration of land use change.
    42nd due to disposal of the mortgaged property and acquire land, the Parties shall in the disposition of the mortgaged property, documentation, applications for land registration.
    During the 43rd land mortgage, transfer of land use right according to law, the Parties shall with the consent in writing for the transfer of certificates and transfer of contracts and other relevant documents, apply for registration of land use change.
    Had mortgaged the land use right transfer, the Parties shall hold land rights certificates and encumbrance certificate, mortgage of land registration.
    44th being legally registered mortgage of the land transfer because of the principal debt is transferred, the main claims of the assignor and the assignee could take the original land right certificates, proof of the transfer agreement, has to notify the debtor and other related documents, apply for a mortgage of land registration.
    45th coming into force by the people's Court, arbitration institution of legal instruments or through inheritance or legacy access to land tenure, the party applying for registration, shall have the force of legal instruments or death certificates, wills, and other related materials that apply for registration of land use change.
    Rights holders registered prior to the transfer of the land or to set mortgage of land shall be in accordance with these measures after they first applied for registration of land rights to their name, and then apply for the registration of land rights.
    Article 46th easement after the land transfer, the parties applied for registration, the servient owner land and the easement rights holder shall hold the easement after the change contracts and land rights certificates and other relevant documents, apply for the easement changes.
    Land rights in the 47th person name, address changes, the Parties shall take the original land-use rights certificates and other relevant evidence, application for registration of name or name and address changes.
    48th over land use is changed, the parties concerned shall take the relevant documents of ratification and the original land rights certificate, apply for registration of land-use changes.
    Land use changes are required by law to pay land lease price, should also be submitted to the parties have to pay land transfer price paid vouchers.
    Chapter Sixth cancellation registration cancellation of registration in 49th article of the rules refers to extinction for the registration of land rights.
    50th under any of the following circumstances may direct the cancellation of registration: (a) resumption of State-owned land in accordance with law, (ii) collection of peasant collective land in accordance with law and (iii) by the people's Court, arbitration institution of effective legal instruments due to land rights, parties fail to cancel its registration.
    51st due to natural disasters and other causes of land rights, indigenous land rights should take the original land-use rights certificates and related documents, apply for cancellation of registration.
    52nd expiration of a non-residential use of State-owned land, State-owned building land without applying for renewal or applying for the renewal is not approved, the Parties shall, before the expiration in the 15th, with indigenous land rights certificate, apply for cancellation of registration.
    53rd registered land mortgage, easement is terminated, the Parties shall in the land mortgage, easement termination date in the 15th, holding relevant documents, apply for a mortgage, easement to cancel the registration of land.
    54th parties in accordance with article 51st, 52nd, and 53rd of the regulations apply for cancellation of registration, land and resources administrative departments shall order the party to handle the deadline; fails to go through, the cancellation notice, directly after the expiry of the notice for cancellation of registration.
    55th land mortgage expires, the party does not apply for mortgage cancellation of registration of land, subject to expiry of the mortgaged land, a land and resources administrative departments shall not canceling a registration of mortgage of the land directly.
    After the 56th land registration, land rights certificate shall withdraw; uncollectible, shall indicate on the land register, and notice is repealed.
    57th seventh chapter registration registration in these measures, including the correction of registration, registration, registration and closure of registration. Article 58th of land and resources administrative departments found recorded in the land register matters is definitely incorrect, shall be submitted to the approval of the people's Government of correction of the registration and notify the parties in writing within the prescribed time for replacement or cancellation of procedures of indigenous land rights certificates.
    Party fails to take care of, land and resources administrative departments reported to the people's Government and after the indigenous land rights certificate revocation.
    Correction of the registration relates to land ownership, shall the correction of registration results were announced.
    59th land rights recorded in the land register matters wrong, you can take the original land rights registration certificates and proved wrong material, application for correction of the registration.
    Interested parties recorded in the land register errors can land rights holders agreed in writing to correct documentation, application for correction of the registration.
    60th recorded in the land register right holders did not agree with the correction, the interested party may apply for registration.
    To meet the conditions for registration, matters related to land and resources administrative departments should be recorded in the land register, registration certificate issued to the applicant and, at the same time notify the land recorded in the land register right.
    During the registration, without the consent of registration rights, not for alteration or setting land mortgage of land rights.
    61st article has following case one of of, objections registration applicants or land registration book records of land right people can holding related material application cancellation objections registration: (a) objections registration applicants in objections registration of day up 15th within no prosecution of; (ii) Court on objections registration applicants of prosecution not accepted of; (three) Court on objections registration applicants of litigation requests not support of.
    After registration has expired, the original applicant apply for registration again on the same matter, land and resources administrative departments shall not accept it.
    The 62nd after the parties signed a land transfer of rights agreement, may be transferred in accordance with the contract agreement to apply for registration.
    To meet the conditions for registration, matters related to land and resources administrative departments should be recorded in the land register, and issued a notice to the applicant proof of registration.
    After registration, debt eradication or able to land within three months from the date of registration of the party did not apply for land registration, registration failure.
    During the registration, without consent of the registration rights, not for changes to land rights registration of mortgages, easements or land register.
    63rd administrative departments of land and resources should be provided in accordance with the people's Court seizure orders and letters of assist, upon approval by the people's Government of attachment or seizure be recorded in the land register. Land and resources in the 64th when administrative authorities shall assist in the execution of land use rights, no effective legal instruments and assist in implementing entities to review the notice.
    Land and resources administrative departments believe that the people's Court of attachment, seizure orders, or other legal instrument error, you can review recommendations to the Court, but shall not cease to process matters to assist in the implementation.
    65th for enforcement acquired through inheritance, judgments or enforcement, but has yet to register such changes with land confiscation, administrative departments of land and resources submitted by the people's Court in accordance with attachment execution by obtaining property on the basis of inheritance certificate, judgements of the entry into force or implementation of the decisions and assist in the implementation of notices, registration procedures for change at first and then again go through the seizure of registration.
    66th land seized during the registration in the name of the person subjected to execution, seizure of registration automatically converted to seal up the registration.
    67th more court seized of the same land, land and resources administrative departments should first serve to assist the Executive's Court registration procedures for seizure notice, served notice for assistance in the implementation of the people's courts ' handling after seized on the waiting register and shall inform the other people's Court in the land had been seized and sealed up the situation. Waiting attachment order served in accordance with the people's Court to assist in the implementation of the registration notices arranged chronologically.
    Sealed Court lifted seizure, arranged at the waiting attachment automatically sealed; seizure of land seized by the courts handle, lined up in waiting after the seizure shall automatically lapse seizure of land seized by the courts partially treated, the rest, automatically arranged in waiting after the seizure to seizure.
    Seal up the waiting register references of this article and the provisions of the second paragraph.
    68th attachment, or a people's Court to lift the time of seizure seizure, seizure, seizure of registration failure, land and resources administrative departments should be sealed up or seized registration cancelled.
    69th Court attachment, seizure of land, in the sealed up or seized during the may handle changes to land rights registration of mortgages, easements or land register.
    The eighth chapter 70th of legally registered land rights protection of State-owned land use rights, land ownership, land use and land mortgage, easements are protected by law and no unit or individuals may infringe upon it.
    71st Administrative Department of land and resources of the people's Governments above the county level shall strengthen the results of land registration information system and database construction for land registration results in national and local information sharing and offsite queries. The 72nd national land register information query system.
    Land rights, interested parties can apply for land registration, land and resources administrative departments should be provided.
    Public query of land registration data in accordance with the provisions of the land registration data for public enquiries.
    Nineth legal liability 73rd party forged certificates of land rights, the Department of land and resources of the people's Governments above the county level administration confiscated forged certificates of land rights; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    The 74th article departments of land and resources administration staff in the land register dereliction of duty, abuse of authority or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    75th of the tenth schedule clause determines the people's Governments of provinces, autonomous regions and municipalities, and local people's Governments at or above the county level is a Department which is responsible for land registration and housing, the real estate registration in the land register shall be in compliance with these regulations, the real estate ownership certificate content and style should be reported to land and resources administrative departments under the State Council for approval.
    76th in the land registration in pursuance of this approach need to be announced, should Governments or administrative departments of land and resources announced on the portal site. 77th certificate loss, loss of land rights, land rights shall be published in the designated media loss, lost after the party may apply for a replacement.
    Replacement certificate of land rights should be marked "replacement".
                                78th these measures shall come into force on February 1, 2008.

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