Changchun Municipal Land Registration

Original Language Title: 长春市土地登记办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367192.shtml

Changchun municipal land registration

    (August 30, 2011 Changchun Municipal People's Government at the 42nd Executive meeting on August 30, 2011, Changchun Municipal People's Government released 29th November 1, 2011) Chapter I General provisions

    First to strengthen the management of land registration, standards land registration Act, protect the legitimate rights and interests of land rights, according to the relevant provisions of the laws, rules and regulations, combined with the city's actual, these measures are formulated.

    The second registration of land within the city limits of the city, these measures shall apply.

    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 acts, including land registration, initial registration, change of registration and cancellation of registration and other registrations.

    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).

    Fourth municipal departments in charge of land and resources of the land registration process.

    Municipal land and resources administration belongs to the specific work of the land registration authority responsible for land registration.

    All relevant departments according to their respective duties, land registered according to law related work.

    Article fifth land registration to register principle of territoriality.

    Application for registration of land units and individuals shall be in accordance with these regulations apply to departments of land resources in the city.

    City land and resources departments entrusted by the municipal people's Government issued land-use rights certificates; land mortgage, easements, land and resources administration, by registration, issuance of certificate of land that he rights.

    Sixth has not been legally registered land shall not transfer, lease and mortgage. Seventh of municipal land and resources departments shall establish a register of land and is responsible for the management.

    Content ownership and land rights in the land register under.

    Recorded the date of registration of the land register, the land registration effective date.

    Chapter II general provisions

    Eighth land in land registration.

    Ancestor grade refers to the land ownership boundaries enclosed block or space.

    Nineth should be carried out in accordance with the land registration, except as otherwise provided by laws, rules and regulations.

    Tenth land registration shall be shared by the parties to the application, but any of the following circumstances, can unilaterally applies:

    (A) the total land registration;

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

    (C) land registration of rights acquired through inheritance or bequest;

    (D) the Government has legally effective land dispute settlement and registration of land rights;

    (E) the people's Court, the arbitration body has legal effect of registration of land rights derived from the legal instruments;

    (F) the correction of the registration or registration;

    (VII) the name, address, uses land registration content changes caused by change of registration;

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

    (IX) other circumstances as stipulated by laws, rules and regulations.

    11th applicant for land registration, submit the following materials shall be registered according to different matters:

    (A) the land registration book;

    (B) the applicant's identity documents;

    (C) evidence of the ownership of land;

    (D) the boundaries of cadastral surveys, maps and location coordinates;

    (E) the ground attached to property ownership certificate;

    (F) the laws and regulations of the tax payment or exemption certificate;

    (VII) notarization of wills, death certificates, property book, grant contract, the contract of assignment and other supporting documents;

    (H) other relevant documents.

    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, land and resources administration, ought to submit relevant materials and reflect the true situation, and is responsible for the authenticity of the substance of the application materials.

    12th under any of the following circumstances, the applicant may not submit when applying for land registration and cadastral survey:

    (A) the registered land rights and ownership boundary did not change;

    (B) have the right of approval law approved by the people's Government and the boundary clear;

    (C) municipal land and resources departments to assist the execution time, the people's Court has confirmed ownership boundary.

    13th district people's Government issued land-use rights certificates of land use applications for renewal of land-use rights certificates, shall provide the original certificate of land rights, land and resources authorities carried out investigations, audits by the city, after confirming the ownership right, can exchange their land rights certificates. 14th the land rights of minors, by their guardians shall be applied for land registration.

    Of minor land registration applications, in addition to the materials as provided herein, guardian identity documents shall be submitted.

    15th entrusts an agent to apply for registration of land, in addition to the materials as provided herein, shall also submit a power of Attorney and agent identification.

    16th of municipal land and resources administration after accepting an application for land registration, on matters relating to registration to the applicant asking, you can also view the application for registration on the ground of land. 17th land rights certificates are proof of land rights to land rights.

    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.

    Chapter III total registration of land

    Total registration of land in 18th article of the rules, refers to a certain time on the area of land or within a specific area of land comprehensive registration. Article 19th General registration announcements by the City Government.

    Notice includes:

    (A) classification of land registration district;

    (B) the duration of land registration;

    (C) land registration pickup location;

    (D) land registration, the applicant shall submit the relevant supporting documents;

    (E) other things to notice. 20th to meet the total requirements to registered by the municipal land and resource administration in the city's major media announce.

    Main contents of the bulletin include:

    (A) the name or name and address of the land rights;

    (B) approve the registration of land is located, location and size, purpose, nature of ownership, the right type and uses the term;

    (C) land rights and other interested parties raised objection to the term, manner and organization;

    (D) other matters need to be announced. Article 21st total land registration deadline is 30th.

    Expiry of the notice, parties on land registration audit results without objection or opposition is not established by the municipal land and resources administration for registration.

    The fourth chapter initial registration

    22nd initial registration in these measures refers to the total land registration for registration of land rights established by law.

    Article 23rd allocation method made use of State-owned land use right according to law, the Parties shall hold ratification approved by the people's Government of the right to file written decision on State-owned land and relevant supporting material, 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.

    Article 24th of obtaining State-owned construction land transfer, the Parties shall pay 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.

    25th 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.

    Article 26th State land lease to obtain 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.

    27th 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 use rights or shareholder approval documents and other relevant evidence, application pricing, investment, or a stake in State-owned construction land's initial registration.

    28th article to State-authorized operations make use of State-owned 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 29th of this 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 30th 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.

    31st legal use of land for agricultural production, the interested party shall with agricultural land use contracts, apply for primary registration of collective farming land.

    Articles 32nd to reimbursable made use of State-owned land use expiry and renewal of approval, the parties concerned shall re-apply for initial registration of right to use construction land.

    Article 33rd floor space, the use of land for construction of underground space primary registration of right to use land for construction should be carried out.
Article 34th mortgages of State-owned land use right according to law, rights of the mortgagee and the mortgagor shall take the land certificates, the main debt contracts, mortgage contracts, and other related materials that apply for registration of mortgage of the land.

    Apply for a mortgage of land, with the exception of materials submitted to the provisions of the preceding paragraph, shall also submit the written evidence of the consent of the collective land ownership mortgage.

    Article 35th of the same parcel of multiple mortgages, mortgage registration in mortgage applications for registration order.

    Some mortgages in the 36th, the parties concerned shall jointly confirm the scope and size of home land, and relevant supporting documents to apply for a registration of mortgage holders.

    Share some home mortgages, home mortgage area area of land assessed to determine a mortgage of land area.

    37th article of non-financial institution creditors to protect its claims to the debtor or a third party when the mortgaged land, shall comply with the following conditions:

    (A) the mortgage of land-use rights has dealt with land registration;

    (B) the debt contracts by the notary;

    (C) in line with the relevant provisions of the land registration.

    Article 38th in State-owned construction land is mortgaged, mortgaged the land on a building; no above-ground buildings, can be mortgaged separately. Use of land for the construction of township and village enterprises may not be mortgaged separately.

    Factories and other buildings of township and village enterprises are mortgaged, it occupies within the scope of construction land shall be mortgaged.

    39th bar set in the land after the easement, the party applying for registration of an easement, the servient owner land and the easement rights to the municipal land and resources shall submit to the competent land rights certificates and easement contract and other related documents.

    Meet the conditions for registration of an easement, city land and resources departments easement contract related matters should be separately recorded in the servient land and the easement of land register and land rights certificates.

    The fifth chapter registration

    40th registration of changes in these measures refers to land right change, or for land owner name or title, address, land use, size, change of registration.

    41st 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.

    42nd 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.

    Related to state-owned land and collective-owned construction land, party people's Governments should also provide the right to approve the ratification documents.

    43rd 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.

    44th acquire land because of the disposal of the mortgaged property, the Parties shall in the disposition of the mortgaged property, documentation, applications for 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 land mortgage, after they first applied for registration of land rights to their name, then apply for the registration of land rights.

    Article 46th acquired through auction floor buildings construction land, buyer shall take the confirmation of sale, related agreements, indigenous land rights certificates, after change of property ownership certificate and other relevant supporting documents, apply for registration of land use change.

    Related to state-owned land and collective-owned construction land, party people's Governments should also provide the right to approve the ratification documents.

    47th article to transfer way made State-owned construction with to right of real estate development project, ground buildings belongs to building of, for transfer land right and application land change registration Shi, should provides City real estate competent sector issued of real estate project transfer book; not belongs to real estate development project of, should by city land resources competent sector delegate of investment advisory institutions for investment lines confirmed, completed development investment total of 25% (not contains land transfer gold) above, party can application change registration.

    48th legal registration of land use rights has any of the following circumstances, land rights who shall retain the original of land rights certificates, proof of the approval documents and other related materials, applying for the land alteration registration:

    (A) the name or a name change of the land rights;

    (B) the land of address changes;

    (Iii) land-use change;

    (D) other circumstances as stipulated by laws, rules and regulations.

    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. 49th article housing, and economic applies housing, and guarantees room, and housing reform room sold and fetches room placed involved State-owned construction with to right segmentation transfer of, development units or property units should law received and to purchase people, and was levy people provides state-owned land right segmentation transfer voucher, purchase people, and was levy people holding State-owned land right segmentation transfer voucher, and housing ownership card and related proved material, application state-owned construction with to right change registration, city land resources competent sector audit Hou,

    Land rights certificates issued.

    50th land during the mortgage, mortgage contracts changed, parties to a mortgage shall after the change in mortgage contracts, the related documents to apply for registration of change.

    51st has 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.

    Chapter Sixth cancellation of registration

    52nd cancellation of registration mentioned in these measures refers to extinction for the registration of land rights.

    53rd under any of the following circumstances, land and resources administration can direct the cancellation of registration:

    (A) approved by the municipal people's Government to recover State-owned land;

    (B) is imposed by the law on State-owned land for housing;

    (C) collection of peasant collective land in accordance with law;

    (D) the people's Court, arbitration institution due to the entry into force of legal instruments of land rights, parties fail to cancel its registration;

    (E) the use of deception, false material obtaining land rights certificates;

    (Vi) other circumstances as stipulated by laws, rules and regulations. 54th of municipal land and resources authorities directly for cancellation of land registration, land rights certificate to recover and should be cancelled.

    Land rights certificate could not be recovered, municipal land and resources authorities to land rights certificate revocation notice in the major media in this city. 55th transfer of land rights, when the party applying for registration of changes, land rights and land rights certificate shall be returned to the municipal land and resources administration, as well as apply for cancellation of registration.

    Lost land rights certificates, you should notice in the major media in this city lost land rights certificates.

    56th of land rights under any of the following circumstances, the original land owner shall take the original land-use rights certificates and other relevant documents, apply for cancellation of registration:

    (A) due to natural disasters and other causes of land rights;

    (Ii) expiration of a non-residential use of State-owned land, land without applying for renewal or renewal is not approved;

    (C) the registered land mortgage, easement termination;

    (D) other circumstances as stipulated by laws, rules and regulations. 57th shall apply for cancellation of registration of land rights they had not applied, city land and resources departments in this city's main media announcement of land registration cancelled.

    Notice expires, people had not applied for the cancellation of registration of land rights, land and resources administration can direct the cancellation of registration.

    The seventh chapter registration

    Article 58th other registrations in these measures, including the correction of registration, registration, registration and closure of registration. 59th city land resources authorities found items recorded in the land register is definitely incorrect, shall correct registration and notify the parties in writing within the 15th for replacement or cancellation of procedures of indigenous land rights certificates.

    Parties fails to deal with, the municipal land and resources administration after the announcement, direct replacement or cancellation of the original certificate of land rights, indigenous land rights certificate revocation. Land rights recorded in the land register matters wrong, you can take the original land rights certificate, proof of registration error correlation proof material, application for correction of the registration.

    Interested parties recorded in the land register matters wrong, can agree in writing to correct the land rights holder correlation proof material, application for correction of the registration.

    Correction of the registration relates to land ownership, shall be registered in this city's main Media Advisory correction results.

    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 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 under any of the following circumstances, registration applicant land recorded in the land register or the right holder may hold relevant certificates apply for cancellation of registration:

    (A) registration to the applicant within 15th date of the dissidence registration no action;
(B) the registration applicant's prosecution is not accepted by the people's Court;

    (C) the Court of registration to the applicant's claim is not supported.

    After registration has expired, the original applicant apply for registration again on the same matter, land and resources administration is inadmissible.

    62nd after the parties signed a land transfer agreement in accordance with law, in accordance with the agreed land rights certificates, transfer agreement and other related documents to apply for registration.

    To meet the conditions for registration, matters related to land and resources departments should be recorded in the land register, and issued a notice to the applicant proof of registration.

    After registration, debt eradication or to carry out land registration within 3 months from the date the parties have not yet applied 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 of municipal land and resources departments should be provided according to the people's Court of attachment or seizure orders and assist in the implementation of registration of notice of seizure and seizure or seizure be recorded in the land register.

    64th more court seized of the same land, city land and resources 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 has 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.

    65th Court seizure, seizure of land tenure, land and resources administration during the period of attachment shall not apply for mortgage modification, transfer, transfer of ownership registration.

    The eighth chapter legal liability

    66th party forged land rights certificates, the municipal land and resources authorities confiscated false land rights certificate; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    67th of municipal 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.

    Nineth chapter by-laws 68th land rights certificate is lost or destroyed, land rights people should notice in the major media in this city land-use rights certificate is lost or destroyed. Announcement after 15th, the land rights who published newspapers, land-use rights certificates lost or written explanation of the causes of the loss, and other related materials, Department of land and resources, to apply for a replacement certificate of land rights.

    Replacement of land rights should be indicated on the certificate "issued retrospectively" words and indigenous land rights certificate number.

    69th land registration data queries can be made public. 70th these measures come into force on November 1, 2011.