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Interim Measures For The Registration Of Offshore Structures, Shenzhen

Original Language Title: 深圳市海上构筑物登记暂行办法

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Provisional approach to the registration of maritime constructions in the city of Shenzhen

(Act dated 19 November 2009, No. 213 of the People's Government Order No. 213, which came into force on 1 March 2010)

Chapter I General

Article 1 establishes this approach in the light of the legal, legislative and regulatory provisions of the People's Republic of China Act on Property Rights, the Law on the Use of the Sea of the People's Republic of China and the Regulations on the Use of Maritime Areas in the Province of Grace.

Article 2, this approach applies to the management of maritime areas in this city and to the registration of maritime construction agents with the right to use the sea.

The ownership of maritime construction, the establishment, transfer, change and termination should be registered in accordance with this approach, with the exception of the law, administrative regulations and other provisions.

Article III Registration of maritime constructions should be guided by the principle of ownership of the construction of the material in conformity with the principle of the right to use in the area occupied by the construction.

The right to use of the marine area occupied by the construction of the ground shall be transferred, mortgaged or disposed accordingly when the maritime construction is transferred, mortgaged or otherwise disposed of.

When the transfer, mortgage or other forms of disposal of the sea is used, its construction shall be transferred, mortgaged or disposed accordingly.

Article IV. The Government of the Shenzhen People's planning and territorial administration sector is the competent authority registered in the maritime construction of the present city (hereinafter referred to as the registration authority), which is subject to a review by law of the parties' application for the registration of maritime objects and the issuance of a certificate of maritime construction.

The registry, the marine administration sector and other relevant departments should establish mechanisms to achieve the sharing of information on the use of the sea with respect to the registration and transfer of property by sea.

Article 5 Registration certificate of maritime construction is a proof of the right of the owner to acquire the right to establish a material at sea.

The registry should establish a uniform registry and registration information system for maritime construction and the development of registration technical norms such as the rules on the registration of maritime objects.

Chapter II General provisions

Registration of maritime structures in the following cases may be made by the parties:

(i) Initial registration of maritime constructions other than common conditions;

(ii) Registration of the rights of maritime construction agents for succession or for the award;

(iii) The judgement of the People's Court of Justice, the ruling, the letter of mediation and the arbitration agreement of the arbitral body that has legal effect have been carried out on a voluntary basis by mutual application by both parties, which may be enforced by the courts themselves. In relation to the entry into force of a judgement, a single party may apply;

(iv) Pre-registration;

(v) Corrections;

(vi) Registration of objections;

(vii) Changes in registration;

(viii) Write-off registration.

Maritime construction is registered for the sale, exchange, grant and sequencing, and is jointly requested by the parties concerned.

More than two persons have initial registrations of maritime constructions and should be jointly requested by a shared owner.

Article 7. The party entrusts the agent with the application for registration of a maritime construction object and the agent shall submit a letter of authorization to the parties. The solicitation of an external applicant shall be certified or certified in accordance with the relevant provisions.

In one of the following cases, the registration authority shall make a decision not to be registered:

(i) The right to be constructed by sea is not resolved;

(ii) Failure to provide evidence of effective maritime construction;

(iii) Maritime construction that is contrary to the law or is used provisionally;

(iv) The law, administrative regulations provide for non-registration or are incompatible with other registration conditions specified in this provision.

Until the registration of an objection by the registry is registered in accordance with the law, the owner of the maritime constructer's rights applies for other registrations.

Article 9. The registration of maritime construction items is based on the attribution and content of maritime construction rights.

The registry should document the name or name of the owner, the name and place of the maritime construction, the area of maritime construction and its occupation of the sea, the manner, duration and use of the right to use in the sea, and his rights, limitations on the rights of maritime construction.

Article 10 Damages in the registration certificate of maritime construction can be applied by the author to the registry. The registration authority shall test and recover the certificates of registration of the original maritime structure prior to the release of a certificate of registration of maritime construction.

The certificate of erroneous registration at sea can be dismissed by the owner to request the addition of the registration authority and the registration authority re-issued the registration certificate to the applicant.

Chapter III Registration process

Section I

Article 11

(i) Applications;

(ii) Acceptance;

(iii) Approval;

(iv) Accreditation;

(v) Accreditation;

(vi) The file.

The registry of maritime construction is of the view that, where necessary, a notice can be made on registration matters.

Article 12. The applicant shall submit the required registration documents for the registration of maritime construction items. The application for registration does not fall within the scope of the registration method and the registration authority is inadmissible.

The request for registration documents submitted by the applicant is backed up and the registration authority should be given the admissibility certificate at the time of the application. The request for registration documents submitted by the applicant is incomplete, and the registration authority shall communicate the request in writing to the satisfaction date on which the registration document is submitted.

Article 13. The registration authority shall document the relevant matters in the registry and inform the author of the certificate of registration of maritime construction, the date of which is recorded in the registry, and the registration authority shall notify the applicant in writing of the non-registration decision.

Article 14. The applicant may submit a request for the withdrawal before the registration authority documentes the registration matter. The applicant may submit, either alone or jointly, a request for the withdrawal of registration, that the registration authority shall agree with its request for the withdrawal of the registration and refund the application for the registration of maritime objects to the appropriate applicant.

Section II Initial registration

Article 15. Initial registration of applications for maritime construction shall be submitted to the following documents:

(i) An initial registration application for maritime construction;

(ii) The applicant's identity certificate;

(iii) A certificate of use in the sea;

(iv) A certificate of completion of fixed-scale construction at sea;

(v) To document a map of the location of maritime construction;

(vi) Report on measurement of maritime construction;

(vii) Approval of evidence-based documentation for construction;

(viii) Other relevant documents to be submitted in accordance with the registration technical norms.

Article 16 shall validate the applicant's submission of the application material within 20 days of the date of receipt, in accordance with the provisions, the registration authority approves registration and issue a certificate of maritime construction to the applicant.

Section III Transfer registration and change registration

Article 17 has been registered with the initial registration of maritime structures, with one of the following cases, and the parties should apply for the processing of a transfer registration:

(i) Sale;

(ii) Grants;

(iii) Exchange;

(iv) Success;

(v) Share the division of maritime structures;

(vi) The judgement of the People's Court and the mandatory transfer of decisions;

(vii) Other mandatory transfers made in accordance with the provisions of the law, legislation and regulations.

Article 18 Applications for the transfer of registration shall submit the following information:

(i) Applications for the transfer of registrations by sea construction;

(ii) The applicant's identity certificate;

(iii) Registration certificate of maritime construction;

(iv) A document that demonstrates that the right to maritime construction is transferred;

(v) Other relevant documents to be submitted in accordance with the registration technical norms.

In one of the following cases, the owner shall apply for a change registration:

(i) Changes in the use of maritime construction;

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

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

Article 20 Applications for the registration of changes in maritime construction should be submitted to the following documents:

(i) Applications for registration of changes in maritime construction;

(ii) The applicant's identity certificate;

(iii) Registration certificate of maritime construction;

(iv) A document that demonstrates a change in the facts of maritime construction;

(v) Other relevant documents to be submitted in accordance with the registration technical norms.

Article 21 Reviews the applicant's application for the transfer of registration or modification of registration applications, in accordance with the prescribed conditions, shall be granted for registration within thirty days of the date of receipt of the application, documented in the Maritime Construction Register and issued a certificate of registration of maritime construction.

Section IV Registration of mortgage rights

Article 2 establishes a collateral for maritime construction and the parties shall apply for the registration of the mortgage.

The collateral registration shall be jointly applied by the mortgage and the collateral.

Article 23 Applications for the registration of mortgages by sea construction should be submitted to the following documents:

(i) Applications for collateral registration of maritime construction;

(ii) The applicant's identity certificate;

(iii) Registration certificate of maritime construction;

(iv) The principal claim contract for mortgage guarantees;

(v) The mortgage contract.

Article 24 examines the application of the applicant by the registry and is in accordance with the provisions and shall be subject to the approval of the registration of the right to mortgage within fifteen days of the date of receipt of the application.

Article 25 is registered with eligible mortgage rights, and the registry shall be registered by the registry body at the certificate of registration of the maritime construction store and be recorded in the registry of the maritime construction material.

Article 26 was transferred by registered maritime construction rights as a result of the transfer of principal claims or changes, termination of the law, and the parties should apply for the registration, modification or cancellation of registrations and submit the following documents:

(i) Transfer of registration, modification or cancellation of registration applications;

(ii) The applicant's identity certificate;

(iii) Registration of mortgage rights by sea;

(iv) Documents that demonstrate the transfer, modification or termination of the right to mortgage;

(v) Other necessary materials.

The registration of a change in the application of the right to mortgage due to the amount of the secured claim shall also be submitted to the written consent of the other collateral.

Article 27 creates a maximum collateral for maritime construction and the parties shall apply for a maximum collateral registration.

The maximum collateral registration process for maritime construction takes into account the procedures for the registration of the maximum number of homes in the home.

Article 28 creates more than two mortgages on the same maritime fabrication and determines their satisfaction on the date of registration in the registry. The law, administrative legislation and regulations are also provided for by them.

Section V

Article twenty-ninth of the maritime fabrication is lost for reasons such as collapse, dismantling, or because of the termination of the right to use of the sea by law, the right of the owner to apply for the registration of maritime construction after the termination of the right to use the sea or the fact of the loss of the maritime fabrication, and to submit the following documents:

(i) Applications for the write-off of maritime constructions;

(ii) The applicant's identity certificate;

(iii) Registration certificate of maritime construction;

(iv) Evidence of the loss of naval construction or proof that the right to use of the sea is terminated by law or abandoned the declaration document.

Article 31 examines the applicant's application for the write-off of registration and, if necessary, conducts field missions, shall be registered within thirty days of the date of receipt of the application, releasing the original maritime construction certificate and documenting the write-off.

Article 31, when the right to use by sea is terminated by law, the parties have not applied for the write-off registration and the registry shall be recorded in the registry in accordance with the documentation provided by the relevant departments.

Article 32 pre-registration, correctional registration, opposition registration and other registrations are carried out in the light of the provisions of the Chhensan Public Property Registration (Treaty).

Chapter IV Legal responsibility

Article 33 Testers for maritime construction should be responsible for the authenticity, legitimacy and effectiveness of the application of material if they were to be submitted to the registry. The civil conduct of the applicant is deemed null and void by law or by the applicant to submit false and invalid material, and shall be legally responsible.

The registry authority shall review the registration of applications for maritime construction based on a document of a small number of maritime components, and, where necessary, the registration authority may ask the applicant or conduct a field presence and conduct registration of maritime construction within a specified time frame.

The registry and its staff members are registered in violation of the provisions of maritime construction and are disposed of by their office or by the inspectorate in respect of the competent and other direct responsibilities; and are transferred to the judiciary by law.

Article 34 does not correspond to the specific administrative conduct of the registry, which may apply for administrative review or administrative proceedings, in accordance with the provisions of the National People's Republic of China Administrative Review Act or the People's Republic of China Administrative Procedure Act.

Chapter V

Article 55 of this approach refers to fixed buildings and constructions in the maritime area, including:

(i) At least;

(ii) A fixed platform at sea;

(iii) Seabed tunnels;

(iv) Bridges;

(v) High houses;

(vi) Wildlife;

(vii) Other maritime constructions provided for by law, regulations.

The approach refers to the registration of maritime constructions, which is based on the parties' application, to the ownership of the maritime construction or his rights and to the conduct of documentation and publicity on the matter.

This approach refers to the right of the owner of the maritime fabrication to enjoy, by law, the right to use of the sea constructed marine area, the ownership of maritime construction, and the rights of natural persons, legal persons and other organizations.

Article XVI deals with the registration of maritime constructions, which does not provide for implementation in accordance with the relevant laws, regulations and regulations registered in the real estate.

Article 37