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Hangzhou City Land Registration

Original Language Title: 杭州市土地登记办法

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Alejand Land Registration Approach

(Adopted at the 57th ordinary meeting of the Government of the State of the Interior, held on 23 November 2010, by Decree No. 265 of 16 January 2011, published from 1 March 2011)

Chapter I General

Article 1 provides for the regulation of land registration and guarantees the legitimate rights and interests of the land owner, in accordance with the laws and regulations of the People's Republic of China, the People's Republic of China Land Management Act.

Article II applies to the Crown of Land Registration within the city's administration.

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.

Other registrations referred to in the previous paragraph include corrections to registration, opposition registration, pre-registration and seizure registration.

Article 1, paragraph 1, refers to State ownership of land use, including the right of State-building to use land and the use of State-owned agricultural land. Article 1, paragraph 1, refers to collective land use rights, including the collective building of land use rights, the use of residential bases, and the use of collective agricultural land (excluding land contractual operating rights).

Article IV.

The parties shall submit a land registration application to the land administration authorities in accordance with the provisions of this approach, which shall be registered by the land administration authorities in the same-ranking people's government and a certificate of land rights. Among them, the registration of the right to use in the municipal housing base should be submitted by the parties to the municipal land administration agency for the registration of land registration applications, the registration of a book by the people of the region and the issuance of a certificate of land rights.

The right to land mortgage, the right to land is registered by the municipal, district (market) land administration authorities, and the nuclear land has his rights certificate.

The Government of the city and the municipal land administration authorities may entrust the territorial Government and the municipal land administration authorities with the registration of land. Land administration authorities may entrust land registration agencies with specific matters of land registration.

Article 5

No transfer, rent and mortgage shall be transferred without the land registered under the law.

Chapter II General provisions

Article 6.

The name is the place or space closed by the land rights line. The right to build land is established in accordance with the law in the land form, land or land.

Article 7. More than two land rights holders jointly have ownership or right to use one land.

A total of the total includes cross-cutting and common. In total, the parties may apply for land registration in accordance with their share of ownership, covering the total number of basic units in the home or the smallest unit in which the contract is paid, and the parties shall jointly apply for land registration. There is a common cross-section of land and the parties should jointly apply for land registration.

Article 8. Land registration involving both parties shall be jointly applied by the parties. However, one of the following cases may be requested by the 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) Registration of land rights due to the entry into force of legal instruments by the people's Government, the People's Court and the arbitral body;

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

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

(vii) Other cases provided for by law, regulations and regulations.

Article 9. The right of a minor to land shall be registered by his guardian. The parties apply for the registration of a minor's land and, in addition to the material provided in article 11 of the present approach, the identity of the guardian should also be submitted.

Article 10. The parties entrust the agent with the application for registration of the land and, in addition to the material provided for in article 11 of the present approach, shall also submit a letter of authorization and an agent's identity certificate.

Article 11. The parties shall apply for the processing of land registration and shall submit the following materials in accordance with different registration matters:

(i) Applications for land registration;

(ii) The identity of the parties;

(iii) The origin of land rights;

(iv) Information on the results of the survey of localities, such as the questionnaire on localities, maps and the identification form of sites;

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

(vi) In full payment of land reimbursable royalties, vouchers of taxes resulting from the extension of the payment of land-reimbursable royalties;

(vii) Legal instruments relating to the entry into force of public certificates of inheritance, public certificates of assessment, grants and contracts;

(viii) Other certified material provided by the municipal land administration authorities.

For historical reasons, the original source of land rights has proved to be incomplete and the right to land should be submitted in writing and in the form of a certificate of credit.

The parties apply for the processing of land registrations and should be accountable for the authenticity, legitimacy and effectiveness of the material content of the application, if any, to the land administration authorities.

Article 12 Applications for registration of land by the parties shall be dealt with by the Land Administration 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 parties of their application to the competent land administration authorities;

(ii) The existence of errors that can be corrected at the present stage, and the parties should be allowed to make corrections at the present stage;

(iii) The application of material is incomplete or incompatible with the statutory form, and should be communicated to the parties at any time or within 5 days to the extent that the material is needed to be added;

(iv) The application for the full, consistent with the statutory form of the material, or the parties are required to submit the full request for the replenishment of the material, shall be processed within three working days.

The land administration authorities may, upon receipt of the land registration application, consult the parties on registration matters on the ground on the land for registration.

The land administration authorities are asked to the parties on matters relating to registration and should produce an information record. On the ground of the land for registration, the parties should come to the site and the land registry personnel should produce a field record. The notice and the record should be confirmed by the parties.

Questions and time available on the ground are not included in the registration time frame.

Article 14. The Land Administration shall, after its review, make a public declaration on the land administration portal, the newspaper published in the present administration area or the fixed premises designated by the Government of the same people:

(i) General registration of land;

(ii) Initial registration of collective land ownership and the right to use in the home base;

(iii) Write-off registration and correctional registration by land administration authorities;

(iv) Other matters considered by land administration authorities as requiring a notice.

Of these, the initial registration of collective land ownership and the right to use in the home base should be issued by the land administration authorities in rural collective economic organizations in the land area.

The announcement was 15 days. The notice expires and the parties and other stakeholders are not contested or contested, and the land administration authorities conduct the registration process under article 16 of this approach. The notice period does not take into account the time frame for registration.

Article 15. The parties or other stakeholders have contested the content of the notice and shall submit a written review request to the land administration authorities within the period of the notice and submit the relevant documentation. The land administration authorities shall conduct a review within 10 working days of the date of receipt of the written review request and shall inform the applicant in writing of the findings. The review period does not take into account the registration time frame.

Article 16 Procedures for registration of land by land administration authorities in accordance with the following provisions:

(i) In accordance with the findings of the review of the land registration application, the land registry was completed by a unit;

(ii) In accordance with the relevant contents of the Land Registration Book, a person-centred unit of the right to complete the land card;

(iii) In accordance with the relevant contents of the Land Registration Book, a land rights certificate was completed by a unit. For a total of one land, land rights certificates should be filled for more than two land rights holders.

Article 17 The Land Administration shall conduct land registration within 20 working days of the date of receipt of the land registration application. Ten working days could not be completed within 20 working days, with the approval of the land administration authorities.

In one of the following cases, the Land Administration does not register and informed the parties in writing of the reasons for non-registration:

(i) The right to land is disputed;

(ii) Acts of land violations have not been dealt with or are being processed;

(iii) No payment of compensation for the use of land in full, a default payment resulting from the extension of the payment of the payment of the land reimbursable royalties or related taxes;

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

(v) The source of land rights submitted has proved to be inconsistent with the situation of localities;

(vi) Other circumstances that are not registered under laws, regulations and regulations.

Article 19 Land administration authorities should establish land registers and land registration information systems. The Land Registration Book is based on the ownership and content of land rights, and the date of the Land Registration Book is the entry into force of the land registration.

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.

Article 20, after registration of land changes, write-off registration and correctional registration, the original land rights certificate was recovered by the land administration authorities; indeed, it was not possible to recover, the land administration authorities should indicate in the land registry and make a declaration of the release of the original land rights certificate.

Article 21, the land administration authorities have introduced a public search system for land registration information. Landrights, stakeholders may apply for access to land registration information, except for State secret, commercial secret or personal privacy.

Article 2 states that the land administration authorities shall disclose to society the conditions, procedures, deadlines and fees for land registration and shall receive social oversight.

Chapter III General registration of land

Article 23 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 24 General registration of land shall be issued by the Government of the people at the district level. 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 material to be submitted by the land registry party;

(v) Other matters requiring notice.

Article 25. The parties shall apply to the land administration authorities for the general registration of land within the time specified by the notice.

The Land Administration authorities are advised on the land-compliant land registration requirements. 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.

Chapter IV Initial registration

Article 26 of this approach refers to the initial registration of land rights established by law outside the overall registration of land.

Article 27 establishes one of the following conditions under the law, and the parties shall be subject to relevant evidence, such as approval by the Government of the people at the district level of the use of land documents, and apply for the initial registration of the right to be used in the construction area:

(i) Integrate land in government reserves by law;

(ii) The right of State-building to use land in a manner that is allocated;

(iii) The right of State-building in the form of concessions and leases;

(iv) The transfer of State-owned land-use rights to be converted by law into the right to be used by the State and to the lease of the State's right to use it;

(v) A State-owned land-use right, a crediting unit or a State-mandated exercise of a State-building right;

(vi) Access to non-agriculture collective land use in the form of building all land by farmers.

Article 28 obtained the right to use land by non-residents in the form of concessions and leases, and the extension of the right to use land by non-residents after the expiry of the period of time approved for the use of land, the parties should reproduce the initial registration of the right to use the land.

Article 29 provides for the use of the right to registration in places of space and on the ground by the Government of the city.

Article 33 User of State-owned land shall be subject to a certificate of use by a State's farmland to apply for the initial registration of a State's agricultural land.

Article 31: The following organizations represent farmers in a collective manner, and the rights recognized by the neighbouring parties, the origin of land rights, etc., apply for initial registration of collective land ownership:

(i) All land belonging to the village farmers collectively owned by the village's collective economic organization or by the villagers' councils on behalf of village farmers;

(ii) More than two farmers in the village are collectively owned by the various collective economic organizations in the village;

(iii) All land belonging to farmers in the town, which is collectively represented by the commune economic organization.

Article 32 provides for the initial registration of the right to use in collective agricultural land, for example, by using the production of agricultural production by farmers collectively, insects, coxies, beachs, etc.

Article 33 Rural villagers should apply for the registration of tenure rights in accordance with the principle of a household. The party's area of origin or the territory of the Government of the People (commune) approves the documentation, other sources of land rights, etc., for the initial registration of the right to use the residence base.

Article 34 states that the collateral and the collateral shall be subject to a certificate of land rights, the principal creditor debt contract, the mortgage contract, etc. to apply for the registration of land-use mortgages.

In the same case, several mortgages have been made in order to register the collateral application.

The right to land use is guaranteed by law and shall be approved by the Government of the people with the authorization or agreed by the collective landowner, and shall also be submitted to the relevant approval document or to the certificate of consent of the collective land owner.

The third article XV, after the right to land tenure is granted, the parties apply for the registration of the right to work in the field for the benefit of the owner and the subjector of the land, shall submit to the land administration authorities the relevant material such as the certificate of land rights and the right to work.

The parties may apply to the land administrative authorities responsible for the registration of the land for registration in the place of service. After the registration of the land administration competent to register in the occupancy area, it should be informed that the land administration authorities responsible for the registration of the land subject matter should be registered by them.

Chapter V Changes in registration

Article 36 Changes in this approach refer to registrations that are due to changes in the name or name, address, land use, area.

Article 337 has one of the following cases in which the right to land is registered under the law, and the parties should have relevant certificates such as certificates of land rights, land-use change certificates, and apply for registration of changes:

(i) Changes in land use due to the sale, exchange, assessment, grant and succession of construction (construction) and its subsidiary facilities;

(ii) Changes in the use of land-use rights for reasons such as land-use financing and entry units;

(iii) Changes in land use due to mergers, separation, insolvency, restructuring, conversion, asset transfer, etc. by legal or other organizations;

(iv) Changes in land use due to the disposition of mortgage property;

(v) Changes in land use due to the entry into force of legal instruments by the Government, the People's Court and arbitral bodies;

(vi) Other cases provided for by law, regulations and regulations.

Article 338 has one of the following cases in which the right to land is registered under the law, and the parties should have the relevant certificates of land rights, such as the approval document, and apply for registration of land changes:

(i) Changes in land use;

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

(iii) Increase or decrease in land area;

(iv) Changes in land coordinates;

(v) Separation or consolidation;

(vi) Other cases provided for by law, regulations and regulations.

Following the completion of the construction project, the parties should have the relevant proof materials, such as the certificates of land rights, the planning of the receipt of qualified certificates, and apply for a review of the harvest.

After the adoption of a land-based review, the party should have a project for the development of a non-movable property, and the parties should have relevant material such as the construction of a project to review the eligibility certificate for the acquisition of a land-use change registration in accordance with the application of the results of the land-use review; and as a matter of the real estate development project, the parties should have a certificate of ownership of the house to apply for the registration of land-use changes in the basic unit of the house.

In the area of construction, the land-use rights of the owners of the industry to occupy land, such as greenland and public facilities, are documented by the land administration authorities in the land registry, but not by a nuclear land rights certificate.

During the period of land-use mortgage, the right to land was transferred by law, and the parties should be collateraled to agree with the relevant evidence of the transfer, such as the transfer contract, and to apply for registration of land-use change.

After the transfer of collateral land-use rights, the parties should have a land rights certificate and his rights certificate to apply for registration of land mortgage changes.

The transferee of the main creditor and the transferee of the transferee of the land collateral rights registered under the law may have a certificate of his original land, the transfer agreement, the notice of the debtor's certificate, etc. to apply for registration of a change in land mortgage rights.

Article 40, after the transfer of land-use rights granted to land tenure, the parties apply for registration, for the benefit of the right of the occupier and the person in need of the bonded land, for example, for the purposes of registration of a change in the right to work.

Changes in the field of tenure contracts should be made by the parties to the relevant proof materials such as the original title of the title of the land, the change of the right to work on the registration of changes in the right to local service.

Chapter VI Write-off registration

Article 42 of this approach refers to registration as a result of the elimination of land rights.

Article 43 has one of the following cases where the land administration authorities may conduct the write-off directly:

(i) Removal of State land by law;

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

(iii) The parties have not been registered for write-offs owing to the elimination of their land rights resulting from the entry into force of legal instruments by the People's Court, the arbitral body;

(iv) Other cases provided for by law, regulations and regulations.

Article 44 eliminates land rights by virtue of one of the following circumstances, and the original land rights owner shall, within 15 days of the date of the elimination of the land rights, apply for the cancellation of registration:

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

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

(iii) Other cases provided for by law, regulations and regulations.

Non-resident State-building land tenure has expired and the original land rights owner has not applied for the duration of the extension or has not been approved for the duration of the extension period, and the relevant material, such as the original land rights certificate, shall apply for the write-off.

Article 41 XV does not apply for the registration of cancellations in accordance with article 44 of this approach, and the Land Administration shall be responsible for the conduct of its work within 15 days; the parties are overdue and the issuance of a written declaration by the Land Administration authorities, which will be carried out directly after the expiry of the notice.

The land collateral period expires and the parties did not apply for registration of land-use mortgages and, in addition to the expiry of the time period for the granting of mortgage rights, the land administration authorities shall not directly write the land-use mortgage registration.

Article 46 of the Convention on the Elimination of All Forms of Discrimination against Women

Other registrations under Chapter VII

Article 47 found that matters documented in the Land Registration Book were wrong and should be registered with the approval of the same-ranking people's Government and written notification of the procedures for the replacement or write-off of the original land rights certificate within 15 days. The Land Rights Defenders were overdue and the Land Administration reported that, after the approval and announcement by the same-ranking people's Government, it had replaced or cancelled the original land rights certificate, which had been repealed.

Corrections should be issued after the end of the meeting.

Article 488 Rights erroneously considers matters documented in the Land Registration Book, which may be certified by the original land rights certificate, the relevant proof of the error of registration, and apply for correctional registration. 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.

Article 49, land rights documented in the Land Registration books do not agree with corrections, and the stakeholder may apply for the processing of the objection registration.

In order to meet the requirements for the registration of objections, 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 titan.

The author of the objection was indicted by the People's Court within 15 days of the date of the objection registration and the People's Court was admissible and the applicant should provide the land administration with the notice of the proceedings.

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.

In one of the following cases, the owner who objected to the registration of the applicant or the land registration book may have the relevant proof of the application for the write-off 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 cancellation of the objection, the original applicant has once again applied to the objection on the same matter and the land administration authorities are inadmissible.

Article 50 allows the parties to enter into a land rights transfer contract under the law and may apply for pre-registration in accordance with the agreed land rights certificate, the transfer contract.

In order to meet the pre-registration conditions, the land administration 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 required to register the land.

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 52 states that land administration authorities shall be documented in the land registry, in accordance with the seals provided by the People's Court or the letter of assist in the implementation of the decisions and letters of assist.

The public security authorities, the prosecution authorities are required to seal the land because the case is being processed and, in the light of the provisions of this approach regarding the seizure of land by the People's Court.

More than two (two) People's Courts have been seized of the same land, and the Land Administration shall proceed with the registration proceedings before the People's Court, which assists the execution of the letter of notification, to issue the release of the people's courts that have sent the letter of assist with the execution of the execution and to notify in writing the facts and the circumstances surrounding it has been seized by other people's courts.

The pre- sealed round-list registration reference is made.

Article 54, the closure, the expiry of the pre-closure period or the removal of the seal by the People's Court, the closure, the closure of the envelope, and the deregistration of the land administration authorities shall be cancelled, pre-registration.

Article 55 shall not be registered with changes in land rights or land mortgages, and registration of land tenure during the seizure, envelope and envelope.

Oversight management

Article 56 should strengthen the oversight management of land registration throughout the city and establish a system of monitoring and administrative accountability for sound land registration.

The municipal land administration authorities should conduct specific inspections of land registration in accordance with the circumstances and identify violations or misconduct in land registration, which should be corrected in a timely manner or be checked.

Article 57 provides that the municipal land administration authorities may introduce a land rights certificate verification system that will promptly correct violations or inappropriate land registration. The land rights certificate identification system was developed by the municipal land administration authorities and implemented with the approval of the Government of the city.

Chapter IX

Article 58 of the land rights certificate was lost and lost, and the land rights owner should publish a declaration of the loss of the land rights certificate in the main newspapers of the administrative region, the loss of the declaration of 15 days, the written statement of the loss of life, the reasons for the loss of life and the written statement of the loss of life and the related material, such as the deposit of the certificate, to the land administration authorities. The re-issued land rights certificate should indicate the word “removal” and the original land rights certificate.

Article 59 The Land Registration Scheme of the State of Démocratique (No. 203) published by the Government of the People of State of the State of 29 June 2004 was repealed.