Shantou City Land Registration

Original Language Title: 汕头市土地登记办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346689.shtml

Shantou city land registration

    (December 28, 2010 the 12th District, Shantou city people's Government, the 75th Executive meeting January 10, 2011 Government of Shantou announced the 121th come into force on March 1, 2011) Chapter I General provisions

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

    Second, Jinping district, longhu, haojiang district (hereinafter referred to as downtown) land registration and management, application of this approach.

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).

Fourth of municipal land administration Department is responsible for land registration and administration in the Center City land administrative departments of the Agency in accordance with the provisions of responsibilities in the area of land registration management related work.

Housing registration relating to land registration, accepted by the competent departments of the municipal real estate administration, by the municipal land administration authorities and real estate administrative departments according to their respective terms of reference of the review, approved real estate ownership certificate or registration certificate.

    Housing and urban-rural construction, urban planning, transportation, water supply, agriculture, forestry and other sectors in accordance with their duties according to law, responsible for land registration and administration.

    Chapter II general provisions

Article fifth the basic procedures of land registration:

(A) the land registration applications;

(B) audit of land ownership;

(C) registration;

    (D) the issuance of certificates.

Sixth 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) for land owner name or title, address and land use change of registration;

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

    (IX) other unilateral application of law by the parties.

    Seventh more land using a land, you can apply for registration of land.

Section eighth for land registration, shall be registered according to different matters to the land administrative departments to submit the following materials:

(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) other supporting evidence as provided herein.

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, shall submit the relevant materials and reflect the true situation, and is responsible for the authenticity of the substance of the application materials.

    Nineth minors applying for registration of land, should be applied for by the guardian, guardian and submit identification materials.

   Article tenth agent to apply for land registration, shall 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.

11th the land administrative departments on the applicants ' land registration applications shall be made according to the following circumstances:

(A) applications for registration of land is not covered by the registration area, decisions should be made on the spot inadmissible, and inform the applicant to apply to the land administrative departments having jurisdiction;

(B) application error can be corrected on the spot, shall permit the applicant to be corrected on the spot;

    (Three) application material not complete or not meet statutory form of, should spot or in 5th within once told applicants need correction of all content, late not told of, since received application material of day up that for accepted; (four) application registration of land in this registration area within, application material complete, and meet statutory form, or applicants according to requirements submitted all correction application material of, should accepted land registration application.

    12th registration of land ownership and land tenure should be approved by the municipal people's Government. 13th land is based on land ownership and content of the register.

Land register shall contain the following:

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

(B) the 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, ancestor grade, use and prices obtained;

(D) the floor attachment.

Land register should be sealed by the municipal land titles registration seal, departments in charge of land, or land registration special.

    Use of electronic media in the land register, daily off-site backups.

14th under any of the following circumstances, it shall not be registered:

(A) the unresolved land ownership disputes;

(B) land violations have not been or are being addressed;

(C) failing to pay land use fees and other taxes;

(D) paid the price ratio of land registration;

(E) applications for the registration of land rights in excess of the prescribed term;

(F) no legitimate sources according to the ownership of land and other elements of land registration applications;

(VII) for business purposes and not tender auction listing transferred;

(H) an agreement to sell land below the selling price;

(I) violation of changes in land-use planning;

(10) does not apply for land registration and mortgage;

(11) registration period without the registration rights agreement, apply for mortgage registration;

(12) the seizure of registration apply for registration prior to the termination or alteration of land;

(13) other circumstances that is not registered according to law.

    Registration, land Administrative Department shall inform the applicant in writing reasons for registration.

    15th land administrative departments shall, from the date of accepting an application for land registration, within 20th completes review of land registration procedures; special situations need an extension, approved by the head of the Department of land administration, extension of the 10th.

    Chapter III total registration of land

    Total registration of 16th section land in these measures, refers to a certain time on the area of land or within a specific area of land comprehensive registration. Article 17th land registration shall be issued.

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 relevant documentation;

    (E) other things to notice. Article 18th in line with the General registration requirements, the Department of land administration shall be published.

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, four, from, 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 19th expiry of the notice, the parties and related rights on the land register audit results without objection or opposition is not established, the Department of land administration submitted to the municipal people's Government for approval to be registered.

    Primary registration of fourth chapter

Article 20th primary registration of land mentioned in these measures refers to the total land registration registration of established land rights.

    Ground attachment of property registration should be carried out in the land after the initial registration is complete.

Article 21st allocation made use of State-owned land, the parties concerned shall be approved by the municipal people's Government files and State-owned land allocation decisions and other related documents, applying for 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 22nd of obtaining State-owned construction land transfer, the Parties shall take the State-owned construction land transfer contracts, land transfer price paid vouchers, tax payment vouchers and other relevant documents, applying for primary registration of right to use State-owned land for construction.

    23rd allocate the use of State-owned land has been converted to state-owned construction land, Parties shall take the approval documents of the municipal people's Government, the former State-owned land use permit, the State-owned construction land use right grant contract, land transfer price paid vouchers, tax payment vouchers and related documents, applying for primary registration of right to use State-owned land for construction.

    Article 24th State land lease made use of State-owned land, the Parties shall hold the lease contract and other related documents, applying for primary registration of right to use State-owned land for construction.

    25th to state-owned land pricing, investment or stake acquisitions of State-owned construction land, the Parties shall take the original state-owned land use permit, the State-owned construction land investment or investment contracts and approval documents, and other related materials that applied for primary registration of right to use State-owned land for construction.
Article 26th State-authorized operations make use of State-owned land, the Parties shall take the original state-owned land use permit, the asset disposal programme and approved documents and other related materials that applied for primary registration of right to use State-owned land for construction involving corporate restructuring, enterprise restructuring programmes shall be submitted and approved documents.

    27th collective land ownership shall take the collective land ownership information, property boundary agreement and other related documents, application for initial registration of collective land ownership.

    28th using the collective land for construction, the Parties shall take the approval documents of the municipal people's Government, applying for initial registration of collective construction land.

    Article 29th of collective construction land use right investment enterprises, joint ventures and other forms, the Parties shall take the approval documents of the municipal people's Government, the relevant contract, the original collective land-use permits, and other related materials that apply for registration of collective-owned construction land's initial.

    30th the use of collective land in agricultural production, the parties concerned shall be approved by the municipal people's Government files, agricultural land use contracts and other related materials that applied for primary registration of collective farming land.

Article 31st of mortgaged land, the mortgagee and the mortgagor shall land rights certificates, debt contracts, mortgage contracts, land valuation, and relevant supporting documents, apply for registration of mortgage of the land.

Except as provided in the preceding paragraph, apply for registration of mortgage of the land also correlation proof material should be provided in accordance with the following provisions:

(A) to Sino-foreign cooperation, joint ventures and wholly foreign-owned enterprise land-use rights as collateral, shall provide the Board of directors or the shareholders agree that mortgage documents;

(B) the mortgage of collective construction land use right, members of the collective economic organizations should be provided villagers more than two-thirds members or two-thirds over the villagers ' representatives agreed that the supporting documents;

(C) to joint tenancy or undivided co-ownership of land-use rights as collateral, should be provided with proof of the consent of the other co-owners mortgage materials;

    (D) mortgage contracts made abroad, it shall provide notarized or certified material.

Articles 32nd to made in the allocation of State-owned land-use rights as collateral, should be approved by the Department of land administration agreed and approved disposition should pay the price when the amount of the Parties shall provide appropriate documentation when applying for mortgage registration.

    Mortgage of land belonging to the State-owned (collective) assets shall comply with State-owned (collective) asset management provisions; the Parties shall provide appropriate documentation when applying for mortgage registration.

    Article 33rd set in the land after the easement, the party applying for registration of an easement, the servient owner land and the easement rights holder shall submit to the Department of land administration land rights certificates and easement contract and other related documents.

    The fifth chapter the land alteration registration

    Article 34th land alteration registration in these measures refers to due to changing land rights, or land rights person's name or title, address and land use change of registration.

    Article 35th of 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, tax payment voucher and apply for registration of change of State-owned construction land.

    36th floor due to the sale, Exchange, donation buildings, structures and ancillary facilities involves construction land use right transfer, the Parties shall take the original certificate of real estate rights or ownership certificate and proof of property rights transfers the related material, may apply for change of registration of right to use construction land and property transfer registrations.

    37th 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.

    Article 38th due to disposal of the mortgaged property and acquire land, canceling a registration of mortgage after the Parties shall dispose of the mortgaged property, ownership of indigenous land rights certificates, or certificates and land use right transfer of related documents, apply for registration of land use change.

    During the 39th land mortgage, land transfer, the transfer shall have the consent of the parties written certification, contract and other related materials that apply for registration of land use change.

    40th mortgage principal debt is registered land transfers and transfers, the main claims of the assignor and the assignee could take the original land entitlement, transfer agreements, has informed guarantor and proof of the debtor, and other related materials that apply for registration of mortgage of land changes. 41st coming into force by the people's Court, the arbitration body of legal instruments or acquired through inheritance, bequest of land use rights, Parties shall take the legal instruments in force or death certificates, wills, gift certificates and other relevant supporting documents, 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.

    42nd has easement of land-use rights transfer, the servient owner land and the easement rights holder shall take the place of existing contract, after change of easement contract and indigenous land rights certificates and other relevant documents, apply for the easement changes.

    Article 43rd by land rights of man's name or title, address change, Parties shall take the original land-use rights certificates, and name or title, proof of address changes and other relevant supporting documents, application for registration of name or name and address changes.

Article 44th of land-use change, Parties shall take the change of land use approval documents, indigenous land rights certificates and other relevant documents, apply for registration of land-use changes.

    Legally must pay land use the land transfer price shall be submitted has to pay land transfer price paid vouchers.

    Sixth chapter registration cancellation

    Article 45th cancellation of registration of land in these measures refers to land registered in the extinction of the right reasons.

46th under any of the following circumstances, the land administrative departments can cancel registration:

(A) the resumption of State-owned land in accordance with law;

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

    (C) by the people's Court, arbitration institution of effective legal instruments due to land rights, parties fail to cancel its registration.

    47th caused by natural disasters, such as land rights, the Parties shall, within 60 days from the date of land rights, indigenous land rights certificates and related documents, apply for cancellation of registration.

    48th expiration of a non-residential use of State-owned land, and did not apply for extension or renewal is not approved, the Parties shall, before the expiry of 15th, indigenous land rights certificate, apply for cancellation of registration.

    49th registered land mortgage, easement is terminated, the Parties shall in the land mortgage, easement termination date in the 15th, indigenous land rights certificates and related documents, apply for a mortgage, easement to cancel the registration of land.

    50th party in accordance with article 47th, 48th and 49th of the regulations apply for cancellation of registration, land 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.

    Article 51st concealment, falsification of relevant documents and other illegal means of obtaining registration, land administrative departments should cancel its land registration.

    52nd land mortgage expires, the party does not apply for mortgage cancellation of registration of land, apart from the expiry of the mortgaged land, and land administrative departments shall not canceling a registration of mortgage of the land directly.

    53rd land registration after cancellation, indigenous land rights certificate shall withdraw; does not recover, the land administrative departments should indicate on the land register, and after the abolition of the indigenous land rights certificates.

    Seventh chapter of land registration

    54th other land registration in these measures, including the correction of registration, registration of land, registration and closure of registration. 55th land administrative departments found recorded in the land register matters is definitely incorrect, should be submitted to the municipal people's Government for approval after the 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 administrative departments submitted to the municipal people's Government and after the abolition of the indigenous land rights certificates.

    Correction of the registration relates to land ownership, shall the correction of registration results were announced.

56th land rights recorded in the land register matters wrong, you can take the original land rights certificates and the registration error proof material, application for correction of the registration.    

    Interested persons view errors recorded in the land register matters, land rights holders agreed in writing to correct documentation and related materials prove registration errors, application for correction of the registration. 57th stakeholders view errors recorded in the land register matters, but not recorded in the land register land rights agreed to correct, interested parties can prove registration error related materials, apply for registration.

Meet the conditions for registration, Department of land administration-related matters 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.

Article 58th of the following circumstances, registration applicant or recorded in the land register may apply for cancellation of registration of land rights:

(A) registration to the applicant within 15th date of the dissidence registration without charge;

(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.
In accordance with the provisions of the preceding paragraph apply for cancellation of registration, and shall provide proof of registration or registration notices, evidence of the people's Court shall not accept or does not support.

After registration has expired, the original applicant apply for registration again on the same matter, land administrative departments shall not accept it. 59th after the parties signed a land transfer of rights agreement, may be transferred in accordance with the contract agreement to apply for registration. Meet the conditions for registration, Department of land administration-related matters 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.

    60th land administrative departments under the people's Court provides the seal or notice of seizure orders and assist in the implementation of, and reported to the municipal people's Government for approval, shall be sealed up or seized in the land register records. 61st land administrative departments in contributing to the people's Court for execution when the land use rights, no effective legal instruments and assist in implementing entities to review the notice.

    Land administrative departments believe that the people's Court of attachment, seizure orders, or other legal instrument error, can be suggested to the people's Court for review.

    62nd for enforcement acquired through inheritance, judgments or enforcement, but has yet to register such changes with land confiscation, departments in charge of land 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.

    63rd land seized during the registration in the name of the person subjected to execution, seizure of registration automatically converted to seal up the registration.

64th more court seized of the same land, the land 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 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 attachment, or a people's Court to lift the time of seizure seizure, seizure, seizure of registration failure, the land administrative departments should be sealed up or seized registration cancelled.

    66th 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 legal liability

    67th parties in violation of the regulations, falsification of land rights certificate or proof of registration, confiscated by the Department of land administration constitutes a crime, criminal responsibility shall be investigated according to law.

    68th land administrative departments of registration errors due to mistakes, it shall be corrected; losses caused to a citizen, legal person or other organization, compensation shall be made.

    69th in the staff of the Department of land administration in the land register of negligence, abuse, deception, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Nineth chapter by-laws

    70th in land registration in pursuance of this approach need to be announced, should land administrative departments of the notice on the portal site. 71st certificate loss, loss of land rights, land rights shall publish in the public press in the city lost, lost after 30th ' statement before they can apply for a replacement.

    Replacement certificate of land rights should be marked "replacement".

    72nd before the implementation of these measures, the people's Government in accordance with the land registration management permissions to administrative decisions, can be used as a relevant basis for land registration.

    Chenghai, Chaoyang District, chaonan district, 73rd district and Nan ' ao County land registration management in accordance with the measures implemented. 74th these measures shall come into force on March 1, 2011.