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Hebei Provincial Land Registration

Original Language Title: 河北省土地登记办法

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Land registration approach in Northern Province

(The 46th ordinary meeting of the Government of the Northern Province, held on 17 November 2009, considered the adoption of the Decree No. [2009] of 23 November 2009 by the People's Government Order No. 11 of the Northern Province of the River, effective 1 January 2010)

Chapter I General

Article 1 establishes this approach in the light of the relevant provisions of the laws, regulations and regulations of the People's Republic of China Act, the People's Republic of China Land Management Act.

Article II defines land registration as a demonstration of the State's right to land use, collective land ownership, collective land tenure and land mortgage, land tenure, and other land rights to be registered in accordance with the law, regulations.

Article 3 conducts land registration in the administrative areas of this province and shall be subject to this approach.

Registration of forestland, grassland ownership, use and water content, beach breeding rights and land tenure in accordance with the relevant provisions of forest, grassland, fisheries and land contracting laws, regulations and regulations.

Article IV. Land registration and related supervision management in the territorial resource administration of the Government of the State, the municipality of the establishment and the district (market).

Article 5

The registration of land shall be carried out by the parties in accordance with the law by the authorities of the Land Resources Administration in the land area or in the district (market) where the land is located, with the registration of a book, which is approved by the Government of the commune or district (commune). However, the right to land mortgages, the right to land tenure is registered directly by the authorities of the territorial resource administration in the area of the establishment or in the district (market) and has issued a copy of his rights.

Article 6.

The name is the place or space closed by the land rights line.

Article 7. City and district (market) territorial resource administration authorities should establish a unified land registry within the registry.

The Land Registration Code is based on the ownership and content of land rights. The establishment, change, transfer and elimination of land rights shall be registered in accordance with the law and shall have effect in the registration of land.

The Land Registration books should be added to the seals of the Government of the People's Republic of China, the municipality of the District (the city) or the exclusive chapter of land registration and permanent preservation.

Article 8. Land Registration Approval forms, land registers, etc., should be completed in accordance with the provisions and documented.

No unit or individual shall be forged, modified land registration information, land rights certificates.

Article 9. This province introduces the evidence-based induction system for land registration officers. The staff involved in the review of land rights are subject to review and shall be granted a certificate of land registration issued by the State's Land Resources Administration.

Chapter II Land registration application

Article 10. Land registration is subject to the application of the parties. However, the provisions of laws, regulations and regulations are other.

Article 11. Land registration shall be jointly requested by the parties, but one of the following cases may apply by single parties:

(i) General registration of land;

(ii) Initial registration of national land use rights, collective land ownership and collective land use rights;

(iii) Registration of land rights for inheritance or gifts;

(iv) The registration of land rights by virtue of the decision of the people's Government that the right to land has legal effect;

(v) Registration of land rights due to legal instruments already in force by the People's Court, the arbitral body;

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

(vii) Names, addresses or registration of user changes;

(viii) Removal or exchange of land rights certificates;

(ix) Other cases where a request may be made by a party.

Article 12. More than two land-use holders jointly use one land and can apply for land registration.

Article 13. Collective land belongs to the village farmers, who are collectively owned by the village's collective economic organization or the Village People's Commission for the registration of land; they have been collectively owned by farmers belonging to more than two rural collective economic organizations in the village, who are members of the village's collective economic organization or villagers' groups for land registration; all of the farmers belonging to the commune (communes) are collectively owned by the community of the communes or by the communes.

The right to use the home base is subject to registration by a party that enjoys the right to use the home base by law.

Article 14. The application for the registration of land-use rights in the province's immediate authorities and the financially allocated province's units is developed by institutions working in the management of the Provincial People's Government.

Article 15. Land-use rights in urban infrastructure, municipal utilities facilities are registered by their operating management units. The business management unit does not have legal personality and is subject to registration by its competent authorities or by a superior body with legal personality.

Article 16 may be registered by the parties on the land-use rights of the land-use space independently or on the ground.

Article 17 shall apply for land registration and shall submit the following materials in accordance with different registration matters:

(i) Applications for land registration;

(ii) The applicant's identity certificate;

(iii) The land rights source is based on, certified, etc., and joint use of a land is submitted to a contract or other material for the common use of the land;

(iv) In line with national questionnaires on localities, maps and site coordinates, consistent with national technical protocols;

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

(vi) A complete tax under the law, legislation or a tax award;

(vii) Other material provided by law, regulations and regulations.

Article 18, paragraph 4, provides for a questionnaire on localities, maps and site coordinates, which may be entrusted with localization surveys of professional technical units with corresponding qualifications.

In conducting the localization survey, the parties and the neighbouring stakeholders should jointly designate the land rights line to be registered on the ground. Unwarranted by the neighbouring person to designate the land titling line on the ground or to refuse to sign on the question of local origin, the unit responsible for the conduct of the naturalization survey may, in accordance with the territorial information, the current location and the territorial titles designated by the parties, determine the boundaries of the land right to be registered and notify the neighbouring person in a written manner. Unquestioned within 15 days from the date of receipt of the notification, the owner found that the land right to be registered was the boundaries of the territorial survey; the objection was dealt with in accordance with the laws, regulations and other relevant provisions of the land administration.

The land rights of minors should be registered by their guardians. The application for the registration of a minor's land shall, in addition to the material provided in article 17 of this approach, be submitted to the territorial resource administrative authorities for the identification of the guardian.

Article 20 entrusts the agent to apply for registration of land and, in addition to the material provided for in article 17 of the present approach, shall also submit a letter of authorization and an agent to the territorial resource administrative authorities.

Article 21 Submissions for land registration should be the original. The original should not be submitted and the photocopy should be submitted in line with the original.

The applicant shall be responsible for the authenticity, legitimacy and effectiveness of the submissions and shall not conceal the real situation or submit false material.

In accordance with article 22, the Land Resources Administration applied to the applicant for the registration of the land, the following provisions should be addressed:

(i) The land for registration is not in the registry area, where the decision is taken inadmissibility and informs the applicant of the application to the competent territorial resource administration competent to have jurisdiction;

(ii) The request material is not in accordance with the requirements but may be corrected and supplemented at the time of the request, allowing the applicant to be corrected, supplemented; the submission of the material is not in accordance with the requirements and cannot be corrected, supplemented by the floor or within 5 days, where the applicant needs to be corrected and supplemented;

(iii) The applicant's land registration application shall be admissible if the material is in compliance with the requirements or if the applicant is submitted in accordance with the requirements for correction, replenishment and submission of all applications.

Chapter III Land rights review and registration

Article 23 should be reviewed by law after the Land Resources Administration receives a land registration application. In the course of the review, the applicant may be asked about the registration matters, or the relevant land will need to be examined on the ground in accordance with the registration process.

Article 24 The Land Resources Administration shall conduct a review of land registration within 20 days of the date of receipt of land registration requests. In exceptional circumstances, a roll-out may be extended by 10 days after the approval of the head of the sector, and the reasons for the extension period will be communicated to the applicant.

Applications for land ownership and the registration of the right to use are subject to review by the territorial resource administrative authorities, upon confirmation of the request for material review, by providing for review to the municipality of the area or to the Government of the People of the Territory (communes), where the municipality of the area or the territorial Government shall make a decision to grant or not be registered within 10 days of the date of receipt of the review opinion; the application for registration of other land rights such as the right to land mortgage, the right to land, the right to work, the decision of the territorial resource administrative authorities to grant or registration directly after the confirmation of the request for review.

Article 25 states that:

(i) The right to land is disputed;

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

(iii) No relevant taxes, fees shall be paid by law;

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

(v) Land rights are governed by law by the judiciary, the executive branch;

(vi) The use of land for registration is inconsistent with the original approval;

(vii) Other cases where land registration is not regulated by law.

Without registration of land, the territorial resource administration should provide the applicant with the reasons in writing.

Article 26 The municipalities and territories (markets) of the establishment area may register land in all areas of the administration within a certain time.

A circular should be issued to society by 30 years of the overall registration of land.

In one of the following cases, after the entry into force of the relevant legal documents or the fact occurred, the parties shall apply to the territorial resource administrative authorities for the initial registration of land rights:

(i) Access to State-owned land-use rights, such as transfers, concessions, State land leases, State-owned land-use rights or crediting units, and State authorization to operate;

(ii) The transfer of the right of State-building to use land by law to transfer the right of State-building to the use of land;

(iii) Construction of collective land by law;

(iv) Collective landowners operate in accordance with the law, in the form of collective capitalization of tenure units, joint battalions;

(v) The right to land use under the law;

(vi) The parties apply for registration after the granting of the right to work on land;

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

Collective landowners of farmers should apply to the initial registration of collective land ownership by law.

In one of the following cases, the parties should apply to the territorial resource administrative authorities for the registration of land rights after the entry into force of the relevant legal document or the fact arises:

(i) The transfer of the right of State-owned land by virtue of law, the national land lease, the provision of a price or the form of a unit;

(ii) The transfer of the right to use of land by purchasing, exchanging, granting and locating buildings, constructions and their subsidiary facilities under the law;

(iii) Transfer of land-use rights for reasons such as merger, separation, merger and insolvency of legal or other organizations;

(iv) Access to land-use rights for the disposition of mortgage property, transfer of land-use rights during the land-use mortgage period by law or by transfer of land mortgage rights in accordance with the law;

(v) Access to land-use rights due to the entry into force of the People's Court, the arbitral body, or by inheritance;

(vi) Applications for registration by the parties after the transfer of land-use rights granted to the land-use service;

(vii) The name or name of the owner or the address change;

(viii) Changes in land use;

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

Article 29, after the development of the sale of homes or other buildings in accordance with the law on State land, a real estate development enterprise or other relevant units shall apply to the territorial resource administrative authorities for the processing of the land rights of the owners. For reasons such as the bankruptcy of the property development enterprise or the dissolution of the unit concerned, the owners of the industry cannot be uniformed or have chosen to process their own registration of changes in the division of land rights, and the owner may have a certificate of ownership and identification material directly to the territorial resource administrative authorities for the processing of the registration of land rights.

Article 33 has one of the following cases, after the entry into force of the relevant legal documents or the fact arises, the Land Resources Administration authorities process the write-off of land rights directly as required:

(i) The right to national land use has been recovered by law;

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

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

In one of the following cases, after the occurrence of the facts, the parties shall apply to the territorial resource administrative authorities for the write-off of land rights within the specified period:

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

(ii) The length of use of land by non-resident State has not been applied for renewal or has not been approved;

(iii) The right to land mortgage and to end the right to land;

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

Unregistered by the parties, the territorial resource administrative authorities should be responsible for the processing of their deadlines and return to the land rights certificate; the late issuance of a written declaration by the territorial resource administration authorities after their approval by the Government of the People's Government, and the write-off of the notice after the expiry of the period.

Article 32 expires and the parties do not apply for the registration of land-use mortgages and, in addition to the expiration of the right to use the mortgage, the Land Resources Administration shall not directly write the land-use mortgage registration.

The Land Rights Certificate should be recovered after the cancellation of land registrations; indeed, it was not possible to recover, and the Land Resources Administration should indicate in the land registry and be repealed after the announcement.

Article 344 of the Land Resources Administration found that matters documented in the Land Registration Book were wrong and should be reported to the people's Government for the registration of a correctional registration after approval and, in writing, to inform the parties of the procedures for the exchange or write-off of the original land rights certificate within the specified period. The original land rights certificate was repealed after the approval and announcement by the authorities of the Land Resources Administration.

Any corrections to the record relates to changes in the ownership of land rights, and the authorities of the Land Resources Administration should inform the results of the registration.

Article 33XV considers that matters documented in the Land Registration Book are wrong and may be subject to the certificates of land rights and the related material supporting the errors of the land registration books, and apply for the registration to the territorial resource administrative authorities. In the opinion of the LLRA, the owner may have written consented to the document and the related material supporting the errors of the land registration books to apply for the registration of the land resources administrative authorities. The authorities of the Land Resources Administration shall verify and report to the Government of the current people corrections.

According to article 36, the owner of the land registry document was erroneous to apply for the registration of a reservation, but the land rights documented in the land registry did not agree with the registration of a correction, and the owner could apply to the territorial resource administration for the registration of objections.

The Land Resources Administration, after having received a petition for the registration of an objection, shall issue an objection to the applicant's registration certificate that the relevant matters are recorded in the Land Registration Book and shall notify the land owner in writing of the land registry.

During the vetting period, without the consent of the applicant, a change in the right to land may not be registered or a right to land mortgage.

Article 37 may apply for pre-registration to the territorial resource administrative authorities upon the conclusion of a land rights transfer agreement between the parties and with a land rights transfer agreement. In order to comply with the conditions of pre-registration, the territorial resource administration should issue a pre-registration certificate to the parties that would document the matter in the Land Registration Book.

Article 338 The Land Resources Administration shall register the land envelope or prefabricated seals and letters of assist, in accordance with the land-use titles entered into force by the People's Court.

The territorial resource administrative authorities shall proceed directly with the write-off and pre-closure registration, either by the closure of the seal or by the People's Court.

The right to land, which is sealed by law by the People's Court, shall not be registered with changes in land rights during the seizure, pre-closure period, or the right to land mortgage, and the right to land.

Chapter IV Legal responsibility

Article 39 Staff of the Land Resources Administration have one of the following acts in the area of land registration, which are lawfully disposed of by law; constitutes an offence punishable by law:

(i) The loss of registration due to negligence caused economic losses to the parties;

(ii) Resistance in filling land registration information;

(iii) There is no justification for denying the registration of land or for having no justification for the processing of land registrations;

(iv) To receive or request bribery;

(v) The collection of land registration fees in violation of the provisions;

(vi) Other abuses of authority, omissions, provocative fraud.

Article 40 provides forfeiture and replication of land rights certificates, which are not valid and are certified by the territorial resource administrative authorities forfeiture, courier and resettled land rights, in accordance with the law, and fines for more than one thousand dollars; civil responsibility under the law for economic losses caused by others; serious circumstances constitute crimes and criminal liability.

Article 40 shall be liable under the law for damages caused by the error of registration to others and may be paid to the person who has suffered the error of registration after compensation.

Article 42, when applying for the registration of land, conceals true or submits false material, creates a error of registration, which is subject to correction or write-off by the territorial resource administrative authorities, and imposes a fine of up to one thousand dollars for activities that are not operating, imposes a fine of more than one million dollars for the operation; imposes civil responsibility under the law for economic losses.

Chapter V

Article 43 thirteenthly, the land registration applicant shall pay the land registration fee in accordance with the relevant provisions of the State.

Article 44 states that the registration of land is required by law to publicize society and that the notice should be made on the main media or on the Government's website, without less than 15 days. Laws, regulations, regulations and regulations provide for the duration of the notice and are implemented in accordance with their provisions.

Article 42 The Northern Province Land Registration Scheme, published by the Government of the People of Province on 21 March 1996, was also repealed.