Advanced Search

Shantou City Land Registration

Original Language Title: 汕头市土地登记办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Means of land registration in the first city

(The 75th ordinary meeting of the Twelfth People's Government, held on 28 December 2010, considered the adoption of Decree No. 121 of 10 January 2011 for the Royal Government of the municipality, which was launched effective 1 March 2011)

Chapter I General

Article 1 regulates land registration and protects the legitimate rights and interests of the land owner, and establishes this approach in line with the relevant laws, regulations and regulations.

Article 2

Article 3 of this approach refers to the publication of State land rights, collective land ownership, collective land tenure and land mortgage rights, land tenure and other land rights required under the law and regulations.

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 use of residential bases and the use of collective agro-industries (excluding land-contracting).

Article IV. Land administration authorities harmonize land registration management in the urban areas of the Centre, and the authorities of the municipal land administration perform related work in the management of land registration within the jurisdiction of the land registry.

The registration of houses involves registration of land, which is jointly accepted by the municipal housing administration authorities, and is subject to approval by the municipal land administration authorities and the property administration in accordance with their respective mandates.

The sectors such as housing and rural and urban construction, rural planning, transport, water, agriculture and forestry are governed by the law to assist in the management of land registration.

Chapter II General provisions

Article 5 Basic procedures for land registration:

(i) Land registration applications;

(ii) Land rights review;

(iii) Registration;

(iv) Nuclear issuance certificates.

Article 6. 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 for inheritance or 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) Registration for changes in the name or name, address and land use of land rights holders;

(viii) Removal or exchange of land rights certificates;

(ix) Other cases which may be applied by the parties in accordance with the law.

Article 7. More than two landowners are jointly using one land and can apply for land registration.

Article 8 shall apply for land registration and shall submit the following materials to the land administration authorities 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) A complete tax or a tax exemption certificate provided for by law;

(vii) Other certified material under this approach.

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.

An application for land registration should be made if the material is actually presented and reflected in the real situation and be responsible for the authenticity of the substance of the application.

Article 9. The minor shall apply for registration of the land and shall be requested by his guardian and submitted to the guardian's identity certificate.

Article 10 entrusts the agent to apply for registration of the land and shall submit a letter of authorization and an act of identity.

An application for registration of a land by an activist and an agent's identity certificate shall be certified by law or by a certificate.

Article 11. Land administration requests for registration of land submitted by the applicant shall be processed according to the following circumstances:

(i) The land for registration is not in the registry area, and the decision should be taken on the ground to be inadmissible and to inform the applicant of the application to the competent land administration authorities;

(ii) The existence of an error in the application of the material should allow the applicant to be corrected at the time;

(iii) The submission of material is incomplete or incompatible with the statutory form and should be communicated to the applicant at any time or within five days to the extent that the applicant needs to be filled and that it is not later informed that the request material is admissible from the date of receipt;

(iv) The land for registration shall be subject to a land registration application within the present registry area, where the material is fully, in accordance with the statutory form, or if the applicant is required to complete the submission of the material.

Article 12. Land ownership and land-use registration shall be approved by the Government of the city.

Article 13 Land Registration books are based on land rights and content. The Land Registration Book shall contain the following:

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

(ii) The nature of the right to land, the type of use, time and use, rights and content changes;

(iii) The location of the land, location, area, place, use and prices;

(iv) Conclusively.

The Land Registration books should be added to the exclusive chapter of the registration of land certificates by the Government of the People's Republic of Gégué or to the exclusive chapter of land registration by the municipal land authorities.

The Land Registration Book uses electronic media and should be available on a daily basis.

Article 14.

(i) The right to land is not resolved by controversy;

(ii) Land violations have not been dealt with or are being processed;

(iii) No compensation for the use of land and other tax charges under the law;

(iv) Registration of applications by proportion of land price payments;

(v) The right to apply for registration over the period specified;

(vi) The elements of a land registration application, such as the legal basis of the source of land;

(vii) No concessions have been made for the area of operation, including the auction of tenders;

(viii) The agreement gives the floor less than the concessionary price;

(ix) Violations of planning to change land use;

(x) Establish mortgages without registration of land-use rights;

(xi) Applications for collateral registration without the consent of the author of the objecting registration;

(xii) Registration of pre-removal applications for collateral registration or registration of land-use changes;

(xiii) Other cases where registration is not registered under the law.

Unregistered, land administration authorities should inform the applicant in writing of the reasons for non-registration.

Article 15. Land administration authorities shall, within 20 days of the date of receipt of the land registration application, carry out the review of land registration; exceptional circumstances require extensions, with the approval of the land administration authorities, for ten days.

Chapter III General registration of land

Article 16 refers to the general registration of land as described in this approach to a comprehensive registration of all land within the jurisdiction or land in specific areas within a certain period of time.

Article 17 General registration of land shall be issued. 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 documentation submissions to be submitted by the land registry applicant;

(v) Other matters requiring notice.

Article 18 provides a notice by the Land Administration authorities on the land area consistent with the overall registration requirement. The main elements of the announcement include:

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

(ii) Location of registered land, four to, area, purpose, nature, 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 19 expires and the parties and the relevant rights holders do not object to or object to the results of the general registration of land, which are registered by the Land Administration authorities after their approval.

Chapter IV Initial registration of land

Article 20 of this approach refers to the initial registration of the land rights established outside the overall registration of land.

The registration of property rights attached to the land shall take place after the initial registration of the land.

Article 21 acquired the right of State-building to use land by means of allocation, and the parties should be subject to relevant documents, such as the approval of the Government of the city and the State Land Transfer Decision, 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 2 provides for the acquisition of State-owned land-use rights by means of a concession, and the parties shall have relevant material such as the State-owned power to use the right to make contracts, the payment of the land award and the payment of the tax fee voucher, and the application for the initial registration of the right of State-building.

Article 23. The transfer of State-owned land-use power has been converted to the right of State-building to use land, and the parties should be subject to confirmations such as approval by the Government of the communes, ex-national land certificates, State-owned land-building power to award contracts, land payment vouchers, tax pay vouchers, etc., and apply for the initial registration of State-owned power.

Article 24 acquires the right to use land by state-owned land leases, and the parties should have relevant evidence, such as the lease contract, to apply for the initial registration of the State's right to use land.

Article 25 provides for State-owned land-use rights to be funded or incorporated into a unit by means of acquisition of State-owned land-use power-building rights, and the parties shall have relevant material, such as national land-use certificates, State-building capital-use funds or entry into the unit's contract and approval documents, for the initial registration of the use of power by the State.

Article 26 obtains the right of State-building in the form of State authorization, and the parties should have relevant evidence, such as the national land use certificate, the Land Assets Disposal Programme and the approval of documentation, to apply for initial registration of State-owned land-use use rights, and to involve the restructuring of the enterprise, and also to submit corporate adaptation programmes and approval documents.

Article 27 provides for the initial registration of collective land ownership rights by collective landownership holders.

Article 28 builds on the use of this collective land, and the parties should have approval documents from the Government of the city and apply for the initial registration of the right to use collective land.

Article 29 provides for the initial registration of the right to use in a collective manner by means of the use of the right to enter and join the business, and the parties shall be subject to confirmations such as the approval of documents, related contracts, original collective land use documents, etc.

Article 33 uses collective land for agricultural production, and the parties should be subject to confirmations such as the approval of documents by the Government of the city, the use of contracts in agricultural land, and apply for the initial registration of the right to use in the collective farmland.

Article 31 states that mortgages and mortgages shall be subject to a certificate of land rights, the principal creditor debt contract, the mortgage contract, the land valuation information, etc. to apply for the registration of land-use mortgages.

In addition to the preceding paragraph, the application for the registration of land-use mortgages should also provide relevant evidence in accordance with the following provisions:

(i) Reprime land-use rights in medium-sized cooperation, joint ventures and sole-size enterprises, which should be provided with certified material agreed upon by the Board or the Conference of shareholders;

(ii) Confrontation of the use of rights on a collective basis should provide evidence of the consent of more than two thirds of the villagers meeting of members of this collective economic organization or more than two thirds of village representatives;

(iii) Mortgage with common or indivisible ownership of land use rights, and other co-owners' consent to the mortgage;

(iv) The mortgage contract was concluded outside of the country, and the material should be provided for public evidence or certification.

Article 32 mortgages obtained by the State's land-use rights in the form of a transfer shall be made by the land administration authorities for approval of the consent and approval of the disposition; the parties shall provide the corresponding proof material when applying for the registration.

The right to collateral is a State (collective) asset and should be in accordance with the relevant provisions of the State (collective) asset management; the parties should provide the relevant proof when applying for mortgage registration.

Article 33, after the granting of land tenure rights 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 shall submit to the land administration authorities the relevant material such as the certificate of land rights and the right to land.

Chapter V Registration of land changes

Article 34 of this approach refers to registration of land changes as a result of changes in the name or name, address and land use.

Article XV transfers of State-owned land leases, price-funded or in the form of a unit, and the parties shall be subject to relevant evidence of land use certificates and transfers of land rights in the former State, tax payment vouchers, and apply for registration of changes in the use of land by the State.

Article 36, which is due to the sale, exchange, grant and territorial buildings, construction of goods and their subsidiary facilities, relates to the transfer of the right to use the ground, shall be subject to certificates of original property rights or related certificates of authority or transfers of property rights, and apply for registration and registration of property transfers.

Article 337 transfers of land-use rights for reasons such as mergers, separation, merger and insolvency of legal persons or other organizations, and the parties should have relevant agreements and relevant documentation, such as the original land rights certificate, for registration of land-use change.

Article 338 obtains land-use rights for the disposition of mortgage property, and the parties shall write the mortgage registration after the disposition of the mortgage property, hold the original land rights certificate or the relevant proof of the transfer of the right to land use and apply for registration.

During the period of land-use mortgage, the transfer of the right to land shall take place, and the parties shall have the collateral consent of the transfer's written evidence, such as the transfer contract, to apply for the registration of land-use change.

Article 40 was transferred by the registered land mortgage power as a result of the transfer of the main claim, and the transferee of the main claim could receive the relevant proof of his original land rights certificate, the transfer agreement, the notice of the security person and the debtor's certificate, and apply for registration of the land mortgage right.

Article 40 provides for a registration of land-use change due to the entry into force of the People's Court, the legal instrument of the arbitration body or the right to land for inheritance, be granted by the parties to legal instruments that enter into force or material such as death certificates, will, gifts and certificates. The rightor shall apply for registration of a change in land rights, in accordance with this approach, after the transfer of the right to land or the granting of a land mortgage prior to registration.

Article 42, after the transfer of land-use rights granted in the field of tenure, the right of the occupancy and the right of the person in need of the bond, shall be subject to relevant material such as the right to work, the change of the post-territorial service contract and the original land rights certificate, and apply for registration of changes in the right to work.

Article 43, as a result of the name or name of the land owner, the address change, shall be subject to the relevant evidence, such as the original land rights certificate, the name or name, the statement of the address changing document, the name or name, the address change registration.

Article 44 Changes in the use of land shall be subject to approval documents for changes in land use, certificates of original land rights, etc.

Changes in land use should be made in accordance with the law to make the land available and should be submitted to the payment of the credits that have been transferred to the land.

Chapter VI Registration of land write-offs

Article 45 of this approach refers to registration of land write-offs as a result of the elimination of land rights.

Article 46 has one of the following cases, and the land administration authorities may proceed directly to write-off registrations:

(i) State land recovered by law;

(ii) The collective land of the farmers that are legitimized by law;

(iii) In the event of the elimination of the original land rights by the People's Court, the legal instrument of entry into force of the arbitration body, the parties have not been registered.

Article 47 causes the elimination of land rights for reasons such as natural disasters, and the parties shall apply for the write-off of registration within sixty days of the date of the elimination of land rights.

Article 48 does not extend the time limit for the construction of land by a residential State and does not apply for a period of renewal or for approval, and the parties shall, within fifteen days prior to the expiration of the term, apply for the write-off of registration.

Article 49 of the right to land mortgage and the termination of the right to land, the parties shall, within 15 days of the end of the land mortgage, the right to land, the certificate of origin and the related certificate, apply for the right to land mortgage and the right to write-off.

Article 50 does not apply for the write-off registration by the parties in accordance with articles 47, 48 and 49 of this approach, and the land administration authorities shall be responsible for the duration of the parties; the late issuance of a notice of cancellation, which may be issued directly after the expiry of the notice.

Article 50 stipulates that the parties shall take unlawful means of concealing facts, forfeiture of the relevant material, and that the land administration authorities should write off their land registration.

Article 52 expires on land mortgages and the parties do not apply for the registration of land-use mortgages and, in addition to the expiry of the time period of the right to use the mortgage, the land administration authorities shall not directly write the land-use mortgage registration.

Article 53, after the cancellation of land registration, the original land rights certificate should be recovered; indeed, it is not possible to recover, and the land administration authorities should indicate in the land registry and repeal the original land rights certificate after notice.

Other land registrations under Chapter VII

Article 54 of this approach refers to other land registrations, including the registration of land corrections, the registration of objections, pre-registration and seizure registration.

Article 55 of the Land Administration found that the matters documented in the Land Registration books were wrong and should be reported to the Government of the city for a correctional registration after the approval of the Government and in writing to inform the parties of the procedures for the replacement or write-off of the original land rights certificate within the specified period. The parties were overdue, and the Land Administration reported to the Government of the city for approval and announcement of the original land rights certificate.

Corrections should be issued after the end of the meeting.

Article 56 of the Land Rights erroneously considers matters documented in the Land Registration Book, which may be subject to a certificate of origin's rights and related material supporting the error of registration, and apply for registration.

In the opinion of the owner, the matter documented in the Land Registration Book could be erroneous, with the written consent of the land rights owner to the document and the material supporting the error in the registration of the matter, applying for the registration.

Article 57 holder considered the error of matters documented in the Land Registration Book, but the land rights documented in the Land Registration books did not agree with the corrections, and the stakeholder would be able to obtain an objection to the registration. In line with the objecting registration conditions, the land administration authorities should document the relevant matters in the Land Registration Book and issue a complaint registration certificate to the applicant, while giving a written notice to the land rights in the land registry.

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 58 has one of the following cases where the applicant or the owner of the land registered in the land registry may apply for the cancellation of the objection registration:

(i) The author of the objection was not prosecuted within 15 days of the date of the objection registration;

(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.

In accordance with the provisions of the preceding paragraph, the registration of a notice of an objection registration or a notice of the objection, the inadmissibility of the People's Court or the non-supported documentation should be provided.

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

Article 59, after an agreement by the parties on the transfer of land rights, may apply for pre-registration under an agreed transfer agreement. In line with the pre-registration conditions, the Land Administration should document the relevant matters in the Land Registration Book and issue advance registration certificates to the applicant. After the registration of the notice, the claim was eliminated or was not registered by the parties within three months from the date of the land 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/ Land administration authorities should be documented in the Land Registration Book, in accordance with the seals provided by the People's Court or the letter of assist in the execution of the decision and letter of assist.

Article sixtieth does not conduct an entity review of the legal instruments in force and the letter of assist in the implementation of the right to land. The Land Administration is of the opinion that the seizures of the People's Court, the sealing of the ruling or other legal instruments in force are wrong and may make a review recommendation to the People's Court.

Article 62 obtains a copy of the registered land-use rights on the grounds of succession, judgement or enforcement, but the land authorities have not yet done so, in accordance with the succession certificate submitted by the execution of the sealed People's Court, the entry into force of the judgement or the enforcement of the decision and the letter of assist in the execution of the execution of the execution.

Article 63/ ter The right to land is registered at the place of the applicant's name during the envelope period and the pre-registration is automatically converted to the seizure.

Article 63 quater has been sealed by more than two people's courts over the same land, and the land administration authorities should proceed with the registration process for the People's Court, which has sent letters of assist in the execution, to carry out a round-table registration of the People's Court that has sent the letter of assist in the execution and to inform in writing that the land 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 seal, the length of the envelope or the removal by the People's Court of Execution of the seal, the default of the envelope, envelope and seal registration shall be cancelled by the land administration authorities.

Article 46 of the Convention on the Rights of the People's Court of Land, which is sealed under the law, shall not be registered with a change in the rights of the land during the envelope, envelope and envelope.

Chapter VIII Legal responsibility

Article 67, in violation of this approach, provides for the forfeiture of land rights certificates or registration certificates, forfeiture by land administration authorities by law, which constitutes an offence and for criminal responsibility by law.

Article 68 of the Land Administration's error of registration due to misconduct of work should be corrected by law; reparation should be made to citizens, legal persons or other organizations.

Article 69, Staff of the Land Administration, who play a role in land registration, 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 73 Land Registration requires a notice according to this approach and shall be made available on the land administration portal.

Article 76 of the land rights certificate of loss, loss of life, and the land rights of the owner shall apply for the addition of the declaration of loss and loss of life in the public distribution of the city. The re-issued land rights certificate should indicate the word “address”.

Prior to the implementation of article 72, the Government of the People concerned may serve as the basis for the processing of the relevant land registration procedures, in accordance with the administrative decisions taken by the law in accordance with its land registration authority.

Article 73 trajectory, trajectory, clarification of the sea area and the management of land registration in South and South Macao are implemented in the light of this approach.

Article 74