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Changchun Municipal Land Registration

Original Language Title: 长春市土地登记办法

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Land registration methods in the Länder

(Summit No. 29 of 30 August 2011 of the Order of the People's Government of the City of Custodial, 30 August 2011)

Chapter I General

Article 1. To strengthen land registration management, regulate land registration and protect the legitimate rights and interests of land rightsholders, develop this approach in line with the relevant provisions of the laws, regulations and regulations.

Article 2

Article 3 of this approach refers to the registration of State land rights, collective land ownership, collective land tenure and land mortgage rights, land tenure and other land rights registered in accordance with the provisions of the law, including land registration, initial registration, registration, registration and other registration.

The State-owned land-use rights set out in the previous paragraph, including the right of State-building to use land and the use of State-owned agricultural land; collective land-use rights, including the collective building of land use rights, the right to use in the home base and the right to collective agricultural land use (excluding land-contracting).

Article IV. The Land Resources Authority is responsible for the registration of land in the city.

The land registration body, which is owned by the Land Resources Authority, is responsible for the specific work on land registration.

In accordance with their respective responsibilities, the relevant sectors are legally responsible for the registration of land.

Article 5

The units and individuals applying for registration of land shall apply to the authorities of the city's land resources, in accordance with the provisions of this approach.

The authorities of the city's resources are entrusted by the Government of the city with a certificate of land rights; the right to land mortgage and the right to land is registered by the authorities of the city'sland resources and the issuance of the land's title.

Article 6 does not transfer, rent and mortgage without the right to land use registered by law.

Article 7 The Land Registration Book is based on the ownership and content of land rights.

The land registry documents the date of registration as the date of entry into force of the land registration.

Chapter II General provisions

Article 8.

The name is the place or space closed by the land rights line.

Article 9. Land registration shall be carried out in accordance with the application, except as otherwise provided by law, regulations and regulations.

Article 10. Land registration shall be jointly requested by the parties, but one of the following cases may apply by single parties:

(i) General registration of land;

(ii) Initial registration of national land use rights, collective land ownership and collective land use rights;

(iii) Registration of land rights by succession or by gifts;

(iv) The registration of land rights by virtue of the decision of the people's Government that the right to land has legal effect;

(v) Registration of land rights due to legal instruments already in force by the People's Court, the arbitral body;

(vi) Any corrections to the registration or registration of objections;

(vii) Changes arising from changes in the content of land registration, such as name, address, use;

(viii) Removal or exchange of land rights certificates;

(ix) Other circumstances under the laws, regulations and regulations.

Article 11. The applicant's application for land registration shall submit the following materials in accordance with different registration matters:

(i) Applications for land registration;

(ii) The applicant's identity certificate;

(iii) The origin of land rights;

(iv) Geographical questionnaires, maps and site coordinates;

(v) The right to be attached to the material certificate;

(vi) The payment of tax fees under the laws and regulations or the reduction of tax vouchers;

(vii) Will, death certificates, property certificates, grant and contracts, transfer contracts, etc.;

(viii) Other relevant documentation.

The questionnaire on localities, maps, and site coordinates set out in paragraph (iv) of the previous paragraph may entrust qualified professional technical units with localization surveys.

The applicant's application for the registration of the land shall, if any, submit the relevant material and reflect the true situation to the authorities of the city'sland resources and be responsible for the authenticity of the substance of the application.

Article 12. In one of the following cases, the applicant may not submit a naturalization questionnaire when applying for the registration of the land:

(i) The right to land has been registered and has no change in the place of the land;

(ii) The Government of the people with the right to ratification is authorized by law and is clear from the location;

(iii) In assisting the People's Court in the execution of its ruling, the People's Court has confirmed the place of power.

Article 13 When land users who hold the territorial Government's nuclear-produced land rights certificate apply for the exchange of land rights certificates, they should be provided with certificates of land rights, which are investigated, reviewed and confirmed by the authorities of the city's land resources, which may be released from land rights certificates.

Article 14. The application for registration of a minor's land shall also be submitted to the guardian's identity certificate, in addition to the material provided for in this approach.

Article 15 entrusts the agent to apply for registration of the land and, in addition to the material provided for in this approach, shall also submit a letter of authorization and an act of identity.

Article 16 allows the authorities of the city to consult the applicant on registration matters or to access the land for registration on the ground.

Article 17 Land rights certificates are evidence of the right of land rights to land. Matters documented by the Land Rights Certificate should be consistent with the Land Registration Book; the document is inconclusive, with evidence that the land registry is wrong and is subject to the land registry.

Chapter III General registration of land

Article 18 of this approach refers to the overall registration of land in a given period of time for all land within the jurisdiction or land in a given region.

Article 19 General registration of land is issued by the Government of the city. The main elements of the notice include:

(i) Delineation of land registration areas;

(ii) The time period for land registration;

(iii) Places of land registration;

(iv) The relevant certified material to be submitted by the land registry applicant;

(v) Other matters requiring notice.

Article 20 provides a notice of the land resource authorities in the main media of the city, in line with the overall land registration requirement. The main elements of the announcement include:

(i) The name or name, address of the owner;

(ii) Location of registered land, location, area, use, nature of rights, type of use and duration of use;

(iii) The duration, manner and admissibility of disputes by land rights and other stakeholders;

(iv) Other matters requiring notice.

Article 21 Total land registration announcements are 30 days. The notice expires, the parties have no objection or objection to the results of the general registration of land and are registered by the authorities of the city's land resources.

Chapter IV Initial registration

Article 2 of this approach refers to the registration of land rights established by law outside the overall registration of land.

Article 23, in accordance with the law, obtained the right of State-building to use land, the parties should have the approval of the Government of the people of the right to ratification and the relevant material, such as the State Land Transfers Decision, and apply for the initial registration of the right of State-building.

Large-scale construction projects for new start-up work use the allocation of State-owned land and should also provide the results-based inspection reports.

Article 24 provides for the acquisition by the State of the right to use land in a manner consistent with the law, and the parties shall apply for the initial registration of the right to use the land by state-owned land after the payment of the royalties for all State lands.

Article 25. The transfer of State-owned land-use rights has been converted by law to the right of State-building to use land, and the parties should have relevant evidence, such as the national land-use certificate, the award of contracts and the award of land concessions, and apply for the initial registration of the right of State-building.

Article 26 provides for the acquisition of State-owned land leases by law, and the parties shall have relevant material, such as the lease contract and the payment of the voucher, to apply for the initial registration of the right to lease State-building.

Article 27 provides for the acquisition of State-owned land-use rights in accordance with the law or in the form of a unit, and the parties shall be subject to national land-use certificates, land-use funds or other relevant documentation approved by the Unit for the purpose of obtaining initial registration of the right to use land at the expense of the unit State.

Article 28 acquired the right of State-building to use land in a State-mandated manner, and the parties should have access to original national land-use certificates, approval of land assets disposal approval documents and other relevant evidence, and apply for the initial registration of the right to authorize the operation of State-owned construction.

Article 29 builds on this collective land in accordance with the law, and the parties shall hold the approval of the territorial document of the Government of the people that authorizes the authorization to apply for the initial registration of the right to use in collective construction.

Article 31 Collective landowners are governed by the law by collective construction of tenure units, joint battalions etc., and the parties should have approval documents and related contracts for the approval of the Government of the people of the right to approval and apply for the initial registration of the right to use collective land.

Article 31 provides for the use of this collective land for agricultural production by law, and the parties shall be subject to a contract for the use of farmland and apply for the initial registration of the right to use the collective farmland.

Article 32 builds the right to use land by the State in a reimbursable manner, to use the length of time and to approve the extension period by law, and the parties should reproduce the initial registration of the right to use the ground.

The right to use space on the ground and on the ground should be registered with the initial registration of the right to use the ground.

Article 34 of the law guarantees the right to land use by the State, the mortgage and the collateral shall be subject to a certificate of land rights, the principal creditor debt contract, the mortgage contract, etc., and apply for the registration of the right to land.

Applications for collective land-use mortgages should also be submitted in writing to the collective landowner's consent to the mortgage, in addition to the material provided in the preceding paragraph.

Article 33 XV states that the collateral registration application is in order to proceed with the collateral registration.

Article 36 mortgages in some parts of the land, the parties should jointly recognize the scope and scope of the mortgage house's occupied land and receive the relevant proof of registration.

The area of mortgage land is determined by the area of the land area assessed on the collateral area of land.

The third article 17, when a creditor of a non-financial institution is granted a mortgage in order to guarantee the realization of its claim by the debtor or the third person's right to land use, shall be in accordance with the following conditions:

(i) The right to land has been registered;

(ii) The creditor debt contract is made public by the public evidence;

(iii) In line with the relevant provisions of the land-use mortgage registration.

Article 338 was collateral for the use of power by state-owned buildings; the land was collateral; the landless building could be collateral separately.

The right to use land in town and village enterprises shall not be collateral alone. Buildings such as communes, village enterprises are mortgaged together in the area of construction.

When article 39 establishes the right to work on the land, the parties apply for registration of the right to work in the field for the benefit of the occupants and the right to work in the occupier's land resources authorities to submit the relevant material such as the certificate of land rights and the right to land.

In accordance with the conditions of registration of land tenure, the authorities of the city should document matters related to the agreement on the rights of tenure contracts separately in the land registration books and land rights certificates for active and active land.

Chapter V Changes in registration

Article 40

Article 40 provides for the transfer of State-owned land leases, price-funded or in the form of a unit by law, and the parties shall be subject to relevant evidence of the transfer of land-use certificates and land rights by the State concerned and apply for the registration of changes in the use of power by the State.

Article 42 concerns the transfer of the right to use land by sale, exchange, grant and territorial buildings, construction and their subsidiary facilities, in accordance with the law, and the parties should have certificates of land rights, changes in the certificate of ownership of the home and the related proof of the transfer of land-use rights, and apply for the registration of a change in the use of power.

With regard to the transfer of land-use rights by States and the collective building of land use rights, the parties should also provide the approval of the Government of the people with the authorization.

Article 43 transposes the transfer of land-use rights for reasons such as merger, separation, merger and insolvency of legal persons or other organizations, and the parties shall have relevant agreements and related material, such as approval documents, original land rights certificates, for registration of land-use change.

Article 44 acquired the right to land use for the disposition of mortgage property, and the parties should, after the disposition of the mortgage property, have the relevant documentation to apply for the registration of land-use change.

Article 42 applies to registration by the parties for registration because of the legal instruments in force by the People's Court, the arbitral body or the right to land use due to succession, be granted by the award, and shall be subject to legal instruments in force or material such as death certificates, will, etc.

The rightr shall apply for registration of a change in land rights after registration of the right to transfer the right to land or to establish the right to land.

Article 46 provides for the registration of land-use changes due to the acquisition of the right to use of the buildings on the auction.

With regard to the transfer of land-use rights by States and the collective building of land use rights, the parties should also provide the approval of the Government of the people with the authorization.

Article 47 provides for real estate development projects in a way that allows State-building to use land, where buildings are constructed, and where land-use changes are required for the transfer of land-use rights, a book on property project transfers by the municipal real estate authorities should be made available; and not in the real estate development project, investments by investment advisory bodies commissioned by the city's resource authorities confirm that 25 per cent of total investment is completed (excluding land credits) and the parties may apply for registration.

Article 48 has one of the following cases in which land-use rights are registered under the law, and the land rights owner shall have relevant material, such as certificates of land rights, relevant approval documents, for registration of land changes:

(i) Changes in the name or name of the owner;

(ii) Changes in the land address;

(iii) Changes in land use;

(iv) Other circumstances under the laws, regulations and regulations.

Changes in land use are required by law to redirect the amount of the land, and the parties should also submit a payment certificate of credit that has been paid to the land.

Article 49 Commodity, affordable housing, guaranteed housing, rental and relocation of homes involves the transfer of rights to be divided by State-building, the development of construction units or property units shall receive and provide the purchaser, the licensee with the National Land Use Decentralization Transfer voucher, the purchaser, the licensee's possession of the National Land Use Deal Transfer Certificate, the homeowner's title certificate, and related evidence that the State shall apply for the construction of land use changes, and the issuance of land certificates by the authorities.

During the period of land-use mortgage, the collateral contract was changed and the collateral party should, after a change in the mortgage contract, apply for a change in registration.

Article 50, after the transfer of land-use rights granted to land tenure, the parties have applied for registration of the relevant material, such as a change in the right to work of the occupants and the certificates of land rights, to apply for registration of a change in the right to work.

Chapter VI Write-off registration

Article 52 of this approach refers to registration as a result of the elimination of land rights.

Article 53 has one of the following cases, and the authorities of the city's land resources may conduct the write-off directly:

(i) Removal of State land use rights by the Government of the city;

(ii) The collection of State-owned houses by law;

(iii) To collect, by law, all land owned by farmers;

(iv) The parties have not been registered for the cancellation of their land rights due to the elimination of their original land rights by the entry into force of legal instruments by the People's Court, the arbitral body;

(v) The parties use the means of deception and the submission of false material to deceive land rights certificates;

(vi) Other circumstances under the laws, regulations and regulations.

Article 54 states that the authorities of the city of Land Resources are directly involved in the write-off of land registrations and that the land rights certificate should be recovered and cancelled. Land rights certificates cannot be recovered, and the Land Resources Authority can miss the certificates of land rights in the main media of the city.

Article 55 transferred land rights, when the parties applied for a change in registration, the original land rights owner should return the land rights certificate to the city's land resource authorities while applying for write-off registration. Land rights certificates have been lost and land rights certificates should be published in the main media in the city.

In one of the following cases, the right to land was eliminated, and the owner should have the relevant evidence, such as the original land rights certificate, for the purpose of write-off registration:

(i) The elimination of land rights for reasons such as natural disasters;

(ii) The duration of the use of land by non-resident States and the failure of the land-use owner to apply for the duration of the extension or for the duration of the extension;

(iii) The right to land mortgages registered and the termination of the right to land;

(iv) Other circumstances under the laws, regulations and regulations.

Article 57 shall apply for the cancellation of registration without application, and the Land Resources Authority may write off land registration in the main media announcements in the city. After the expiry of the announcement, the land rights have not been required for the write-off, and the municipal land resource authorities can proceed directly with the write-off.

Other registrations under Chapter VII

Other registrations referred to in this approach include corrections to registration, opposition registration, pre-registration and seizure.

Article 599 of the authorities of the city of Land Resources found that matters documented in the land registry should be erroneous and should be registered with a written notification to the parties to proceed with the replacement or write-off of the original land rights certificate within 15 days. The parties were overdue, and the Land Resources Authority issued a direct replacement or write-off of the original land rights certificate and the original land rights certificate was repealed.

The Land Rights Deposited that matters documented in the Land Register could be erroneous with the original land rights certificate, evidence of the error of registration, and application for correction. In the opinion of the LLRA, the owner may have written consent of the land rights owner to the relevant documentation of the corrections and apply for the registration of the reservation.

Corrections should be issued after the end of the session.

Article sixtieth of the rights documented in the Land Registration Book does not agree with corrections, and the owner may apply for the registration of objections.

In order to meet the requirements for the registration of the objection, the authorities of the city should document the relevant matters in the Land Registration Book and issue an objection registration certificate to the applicant, while giving a written notice to the land titan.

During the vetting period, without the consent of the author, no change in the right to land is registered or the right to land mortgage.

Article 61 contains one of the following cases where the objecting to the registration of the applicant or the land registry document is registered by the owner with the relevant proof of the application for the cancellation of the objection:

(i) The applicant was not prosecuted within 15 days of the date on which the objection was registered;

(ii) The prosecution of the applicant by the People's Court of Appeal;

(iii) The People's Court's request for an objection to register the applicant shall not be supported.

After the entry into force of the objection, the original applicant has once again applied for the registration of an objection on the same matter and the authorities of the city's land resources are inadmissible.

Article 62 allows the parties to apply for pre-registration in accordance with the agreement on land rights transfer agreements under the law.

In order to comply with the conditions of pre-registration, the commune resource authorities should document the relevant matters in the land registry and issue advance registration certificates to the applicant.

After the registration of the notice, the parties whose claims have been removed or have been able to register their land for a period of three months from the date of the registration of the land are not allowed to apply for registration.

During the pre-registration period, no change in the registration of land rights or the right to land bondage, registration of the right to land is permitted without the consent of the registrar.

Article 63 shall be registered by the authorities of the city of Land Resources in accordance with the seals provided by the People's Court or the letters of assist in the execution, and shall be documented in the land registry.

Article 60 quater has been sealed by more than two People's Courts of the same land, and the authorities of the city shall conduct the registration proceedings before the People's Court of the People's Court, which has sent the letter of assist in the execution of the letter of execution, and shall notify in writing the facts and the relevant information that the land-use right has been sealed by other people's courts.

The order of registration of the round-listed seals is based on the time taken by the People's Court to deliver the letter of assist. The sealed court was dismissed by law and was automatically converted to the seizure by the first round of the seal; the sealed court was disposed of all of the envelope's land-use rights, which were automatically invalidated; and the sealed court had dealt with the land-use portion of the sealed, and the remaining portion was automatically converted to the seal.

The pre- sealed rotation registration is governed by the provisions of paragraphs 1 and 2.

Article 65 of the Constitution of the People's Court of Justice, which is sealed by law, pre sealed land use rights, shall not be subject to mortgages, transfers, etc., changes in the right to transfer, and the transfer of registration procedures.

Chapter VIII Legal responsibility

Article 46 of the party's falsification of land rights certificates by the authorities of the city's land resources forfeiture of false land rights certificates by law; serious circumstances constitute a crime and hold criminal responsibility under the law.

Article 67, Staff of the City Land Resources Authority, who play a role in the registration of land, abuse of authority, provocative fraud, are subject to administrative disposition by law; constitutes an offence and hold criminal responsibility under the law.

Chapter IX

Article 68 of the land rights certificate was lost or lost, and the land rights owner should inform the main media in the city of the loss or loss of the land rights certificate. Following the announcement of 15 days, the land rights owner has published the publication of the announcements, the written statement of the loss of the land rights certificate or the reasons for the loss of the loss of the land certificate, to apply to the city's land resource authorities for the issuance of the land rights certificate. The re-issued land rights certificate should indicate the word “renewable” and the original land rights certificate.

Article 69 provides open access to land registration information.

Article 76 of this approach is implemented effective 1 November 2011.