Hebei Provincial Land Registration

Original Language Title: 河北省土地登记办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256379.shtml

Hebei provincial land registration

    (November 17, 2009 the 46th Executive Conference of Hebei province considered by people's Government of Hebei province, November 23, 2009 order [2009] the 11th release come into force on January 1, 2010) Chapter I General provisions

    First to standardize the land registration Act, safeguarding the legitimate interests of right holders of land, according to the People's Republic of China real right law and the People's Republic of China land management act and other relevant provisions of laws and regulations, combined with the facts of the province, these measures are formulated.

    Second land registration in these measures refers to state-owned land use rights, land ownership, land use and land mortgage, easements, as well as in accordance with the laws and regulations required to register additional publicity in the land recorded in the land register Act.

    Land registration in the administrative area of the province article, should comply with these measures.

    The ownership or the right of woodland, grassland and water surfaces and tidal flats of the aquaculture tenure and land registration, in accordance with forest, grassland, fisheries and land contract laws and regulations of the relevant regulations.

    Article fourth province districts of the city and County (City) land and resources administrative departments in charge of the administrative region of the people's Government of land registration and related supervision and control.

    Article fifth land registration to register principle of territoriality. Land registration, Parties shall be filed where the land district of the municipal or County (City) departments of land and resources administration application, the city divided into districts or counties (cities) after the Government approved register, issuance of land-use rights certificates.

    However, land mortgage, easements established by the municipal or County (City) departments of land and resources administration directly register, issuance of certificate of land that he rights.

    Article sixth of land in land registration.

    Land refers to land ownership boundaries enclosed block or space.

    Seventh district of city and County (City) departments of land and resources administration should establish a unified land registration in the registration area. Content ownership and land rights in the land register under.

    Creation, modification, transfer and termination of land rights, registered according to law, come into effect from the time recorded in the land register.

    Land register should be stamped with the city divided into districts, counties (cities) Special seal for the seal of the people's Government or the land register and permanently saved.

    Eighth land registration form, land register and land register data should be required to fill out, and the facts.

    Any unit and individual shall forge, alter, land registration, land rights certificates. Nineth land registration officers certified system in the province.

    Staff engaged in review audit and registration of land ownership, land and resources administrative departments under the State Council shall be obtained of land registration certificate issued.

    Chapter II registration Tenth land registration in accordance with the parties to the application.

    Except as otherwise provided by laws, rules and regulations.

    11th 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;

    (G) the name, address or registration;

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

    (IX) other prescribed by the unilateral application by the parties.

    12th more land using a land, you can apply for registration of land.

    13th article collective land belongs to village farmers collective of, by village collective organization or village Committee application land registration; has respectively belongs to village within two a above rural collective organization of farmers collective of, by village within the the rural collective organization or villagers group application land registration; belongs to Xiang (town) farmers collective of, by Xiang (town) collective organization or Xiang (town) Government application land registration.

    Homestead by the party applying for registration shall enjoy the usufruct.

    14th Provincial Government financial full allocation of provincial institutions and land registration, the applicant, by provincial administrations services agencies that work in conjunction with the provincial land and resources department and other relevant departments. 15th urban infrastructure, municipal public facilities units of land management by the application for registration.

    Management units does not have legal personality, by its competent authorities or legal entity of higher authorities to apply for registration.

    16th and approved independently of land separating the surface ground or underground spaces, you can apply separately by the parties on the ground, underground space and land registration.

    Section 17th for land registration, submit the following materials shall be registered according to different matters:

    (A) the land registration book;

    (B) the applicant's identity documents;

    (C) materials relating to land ownership basis, proof of origin, the common use of these lands should be submitted using the land contracts or other materials;

    (D) comply with the relevant national technical regulations of cadastral survey boundaries of parcel map and location coordinates;

    (E) the ownership certificate of the fixtures on the ground;

    (F) the laws, regulations, tax payment or exemption certificate;

    (VII) other material prescribed by laws, rules and regulations.

    Before 18th fourth provision of cadastral survey, these map and boundary site coordinates, may appoint a qualified professional and technical unit the cadastral survey. In the cadastral survey, parties and stakeholders should work together in the field to identify adjacent intends to apply for the registration of land ownership boundaries. Adjacent to interested parties without justifiable reasons not to the scene to identify the land boundary sign or refusal in cadastral surveys, unit responsible for cadastral surveys according to the cadastral information, present boundary and clients identified land ownership boundaries, establishing an intention to apply for registration of land ownership boundaries, or announcing the service of a notice served in writing and adjacent to the interested person.

    Adjacent to interested parties from the date of receipt of the notification within the 15th no objections, according to cadastral survey results found that wish to apply for the registration of land ownership boundaries; objects, in accordance with the laws and regulations on land management and the other relevant regulations of the State. Article 19th of minors by their guardians shall be applied for the registration of land rights.

    Of minor land registration applications, in addition to the provisions of article 17th materials, should also be submitted to the land and resources administrative departments custodian identification materials.

    Article 20th entrusts an agent to apply for registration of land, in addition to the provisions of article 17th materials, to the land and resources administrative departments should also submit a power of Attorney and agent identification materials. 21st original material should be submitted applications for land registration.

    Cannot submit the originals shall be submitted with copies of the original line.

    The applicant should be responsible for the authenticity of the submitted materials, legitimacy, effectiveness, not withholding the truth or false material.

    22nd administrative departments of land and resources on land registration applications submitted by the applicant, should be dealt with in accordance with the following provisions:

    (A) applications for registration of land is not covered by the registration area, made on the spot not to accept the decision and inform the applicant to have jurisdiction over the land and resources administrative departments to apply;

    (B) the application does not meet the requirements, but can be corrected on the spot, complement, permit the applicant to be corrected on the spot, complement; application materials do not meet the requirements and cannot be corrected on the spot, complement, or 5th one on the spot informed the applicant needs to be corrected, the supplementary materials;

    (C) application materials comply with the requirements, or that the applicant required corrections, complements and submission of all application materials should be accepting applications for land registration.

    Chapter III examination of land ownership and registration Article 23rd departments of land and resources administration after accepting an application for land registration, it shall review the application materials.

    During the review process, you can ask the applicant as regards matters relating to registration, can also register need to see the land. 24th land and resources administrative departments shall from the date of accepting an application for land registration completes review of land registration procedures in the 20th.

    Special circumstances require an extension, and may be extended upon the approval of the Department head, 10th and will inform the applicant of the reasons for such further period.

    On land ownership and right registration of application, land resources administrative competent sector on application material review confirmed Hou, by provides to set district of city or County (City) Government proposed review views, set district of city or County (City) Government should since received review views of day up 10th within made granted or not registration of decided; on land mortgage right, and to service right, other land right registration of application, land resources administrative competent sector on application material review confirmed Hou, directly made granted or not registration of decided.

    25th under any of the following circumstances, land registration no:

    (A) land ownership disputes;

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

    (C) fails to pay the taxes and fees;

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

    (E) land rights were limited by judicial and administrative authorities in accordance with law;

    (F) applications for the registration of land use not consistent with the original purpose;

    (VII) land registration no other circumstances in accordance with law.
Not for land registration, land and resources administrative departments shall justify to the applicant in writing.

    Article 26th city divided into districts and County (City) Government can within a certain time, to all the administrative regions or specific areas of land for general registration.

    In total registration before 30th to society announcements.

    27th under any of the following circumstances, legal documents or the fact that after the entry into force, the parties concerned shall apply to the land and resources administrative departments primary registration of land rights:

    (A) the allocation, assignment, lease State-owned land in accordance with law, State-owned land-use rights to make capital contribution or a shareholder, State-authorized operations make use of State-owned land;

    (B) the allocation of State-owned construction land use right to state-owned construction land use right according to law;

    (C) the lawful use of collective land for construction;

    (D) collective ownership of land in collective construction land use right according to law investment enterprises, joint ventures and other forms;

    (E) the legal mortgage of land tenure;

    (F) set in the land after the easement, the party applying for registration;

    (VII) other circumstances as stipulated by laws, rules and regulations.

    Farmer collective land ownership shall apply for initial registration of collective land ownership.

    Article 28th of the following circumstances, legal documents or the fact that after the entry into force, the parties concerned shall apply to the land and resources administrative departments registered land rights:

    (A) the law to transfer, leasing State-owned land, pricing, investment or share access to state-owned construction land transfer;

    (B) according to law the sale, Exchange, donation-ground buildings, fixtures and accessories related to construction land use right transfer;

    (C) legal persons or other organizations for merger, Division, merger and bankruptcy causes transfer of land;

    (D) the disposal of the mortgaged property and acquire land, land mortgages during the transfer of land use right according to law, or being legally registered mortgage of the land transfer because of the principal debt is transferred;

    (E) entry into force by the people's Court, the arbitration body of legal instruments or acquired through inheritance, bequest of land;

    (Vi) has set the land-use right transfer of the easement after party applying for registration;

    (G) the land rights of the person's name or title, address changes;

    (H) land-use change;

    (IX) other circumstances as stipulated by laws, rules and regulations. 29th article in the law on State-owned land to develop and sell residential or other buildings put into use, the real estate development enterprise and other relevant organizations should be harmonized with the land and resources administrative authority applying for registered owners of land separating the changes.

    Because of real estate development enterprises or units, such as bankruptcy, dissolution cannot handle or owners of land separating the change registration themselves, owners can hold property ownership certificate and identification materials directly to the land and resources administrative departments to apply for registered land separating.

    30th under any of the following circumstances, legal documents or the fact that after the entry into force, the Department of land and resources administration in accordance with the regulations directly apply for cancellation of registration of land rights:

    (A) of State-owned land use right according to law to recover;

    (B) the collective land is imposed by law;

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

    31st under any of the following circumstances, after the occurrence of the relevant facts, the Parties shall, within the prescribed period to apply for cancellation of registration of land rights by the Administrative Department of land and resources:

    (A) due to natural disasters and other causes of land rights;

    (Ii) expiration of a non-residential use of State-owned land without applying for renewal or renewal is not approved;

    (C) the land mortgage, easement termination;

    (D) other circumstances as stipulated by laws, rules and regulations.

    Parties not complying with the provisions of the preceding paragraph apply for cancellation of registration, land and resources administrative departments shall instruct its deadline to handle, and return the land-use rights certificates; fails to take care of, land and resources administrative departments reported to the people's Governments at the corresponding level for approval for write-off announcement, directly after the expiry of the notice for cancellation of registration.

    Article 32nd 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 and resources administrative departments shall not canceling a registration of mortgage of the land directly.

    Article 33rd after land registration, land rights certificate shall withdraw; does not recover, land and resources administrative departments should indicate on the land register, and notice is repealed. Article 34th Chief of land and resources authorities found recorded in the land register matters is definitely incorrect, it should be reported to the people's Governments at the corresponding level for approval for correction of the registration, and notify the party concerned in writing within the prescribed time for renewal or cancellation of original land rights certificate procedures.

    Party fails to take care of, land and resources administrative departments of the people's Governments at the corresponding level for approval and after the indigenous land rights certificate revocation.

    Correction of registration changes relating to land ownership, land and resources administrative departments shall publish the correction of the registration result. 35th people recorded in the land register of land rights matters wrong, you can take the original land rights certificates and certification related material of the item recorded in the land register errors, correction of registration application to the land and resources administrative departments. Interested parties believed that the land register particulars wrong, can land rights holders agreed in writing to correct the proof file of the item recorded in the land register and proved wrong related materials, to register with the Department of land and resources administration application.

    Land and resource related material should be examined and verified by the Administrative Department corrected registration and reported to the people's Governments at the corresponding level for approval.

    Article 36th stakeholders view errors recorded in the land register matters application for correction of the registration, but recorded in the land register people do not agree with the correction of the registration of land rights, an interested person may apply to the land and resources administrative departments of registration.

    Department of land and resources administration after receiving the registration application, to meet the conditions for registration, shall issue registration certificates to applicants, should be recorded in the land register and notify in writing the land recorded in the land register right holders.

    During the registration, without consent of the registration applicant, not for alteration or setting land mortgage of land rights. 37th after the parties signed a land transfer agreement can be agreed by the parties, and land-use rights transfer agreements, land and resources administrative departments to apply for registration.

    To meet the conditions for registration, land and resources administrative departments shall issue registration certificates to a client, should be recorded in the land register.

    Article 38th land and resources administrative departments should enter into force according to the people's Court of land seizure or notice of seizure orders and assist in the implementation, land seizure or seizure recorded in the land register.

    Expiry of the sealed up or seized or a people's Court lifted seizure, seizure, seizure of registration failure, land and resources administrative departments shall be registered directly cancel the seizure, seizure.

    Sealed up or seized by Court of the land, in the sealed up or seized during the may handle changes to land rights registration of mortgages, easements or land register.

    The fourth chapter legal liability

    39th Department of land and resources administration staff in the land registration process in one of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) registration errors caused by negligence, cause economic losses to individuals;

    (B) when filling out the information with the land registry to deception;

    (C) without any justified reason, refuses to go through registration or more than of land registration deadlines without good reason;

    (D) to receive or solicit bribes;

    (E) land registration fees charged violation of provisions;

    (Vi) other acts of abuse of authority, dereliction of duty or engages in.

    40th forging, altering land-use rights certificates, the certificate is not valid, the Department of land and resources administration confiscated forged or altered land-use rights certificates, and a fine of 500 Yuan and 1000 Yuan fines; economic losses caused to others, shall bear civil liability if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    41st due to registry errors cause damage to others, shall bear the liability and compensation to those who cause a registration error recovery.

    42nd article party in application handle land registration Shi hide real situation or submitted false material, caused registration errors of, by land resources administrative competent sector law handle corrections or cancellation registration, and on belongs to non-business activities of sentenced 1000 Yuan following of fine, on belongs to business activities of sentenced 1000 Yuan above 10,000 yuan following of fine; to others caused economic loss of, law bear civil responsibility.

    The fifth chapter by-laws

    Article 43rd land registration, the applicant shall pay the land registration fee according to the relevant regulations of the State. 44th in land registration law need to be announced to the public, should be in the main local media or a notice on a Government Web site, notice shall be not less than the period 15th.

    Laws, regulations, rules for notice period otherwise stipulated, according to their regulations. 45th these measures come into force January 1, 2010. March 21, 1996, land registration rules, announced by the people's Government of Hebei province abolished at the same time.