Guangxi Zhuang Autonomous Region, Land Registration

Original Language Title: 广西壮族自治区土地登记办法

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(November 4, 2007 Executive meeting of the people's Government of Guangxi Zhuang Autonomous Region, the 81st through 31st, November 23, 2007, Guangxi Zhuang Autonomous Region people's Government promulgated as of January 1, 2008) Chapter I General provisions article for the protection of the legitimate rights and interests of land rights, regulating land registration acts, in accordance with the People's Republic of China land management act and other relevant laws and regulations, combined with this practice, these measures are formulated.
    Second autonomous region within the administrative area of the collective land ownership, land tenure, land use and the land that he rights must, in accordance with the regulations for land registration.
    To article legal registration of land ownership, land tenure and land rights are protected by law and no unit or individuals may infringe upon it. Article fourth of State-owned land registration authority is the people's Government above the county level. Collective land ownership and used for non-agricultural construction land registration office is the people's Government at the county level.
    Land registration authority is the Department of land administration of his right. Land administration departments at or above the county level responsible for land registration.
    Land administrative departments are located in national and State-level development zone, town agencies can apply for land registration.
    Article fifth land registry staff should be trained, land registration certificate holder.
    Article sixth collective land ownership register certificate required works funded by the people's Governments at all levels to protect it.
    Chapter II general provisions article seventh land register ownership of land surrounded by the boundary of a closed block as the basic unit.
    Land land use, tenure type, use the term in different, separate applications for registration.
    Possession or use of more than two land owners or land, should apply for registration.
    Cross county-land use, each Party shall apply for registration.
    Eighth article has following case one of of, can application land registration: (a) land initial registration; (ii) land right transfer, and Exchange; (three) land right funded; (four) land right rental, and mortgage; (five) inherited or legacy made land right; (six) this approach 34th to 39th article, and 49th to 53rd article provides of change registration and cancellation registration; (seven) other law can application registration of case. Nineth total piece of land should be shared by the co-owners, apply for registration.
    Rural residential land, household-based applications.
    Article may authorize land registration agency or other agent of the applicant to apply for registration.
    No capacity or with limited capacity for civil applications for land registration, his guardian agent to apply for registration.
    Section 11th for land registration, shall submit the application for land registration and the applicant's identity, proof of ownership, and other related materials. Agent, power of attorney should be submitted, agent identification. Overseas (including Hong Kong, Macao) the power of attorney shall handle the notarization or certification of the applicant.
    Power of attorney shall set forth the matters entrusted and the permissions.
    Changed the name of the applicant, name change documents should be provided.
    Apply for registration of rural residence, proof of residence documents shall be submitted. Submit applications for land registration, applicant is a citizen shall be signed by the applicant or stamp, of applicants should be sealed.
    Agent, the agent shall sign (stamp) or seal.
    Applicants are responsible for declare the contents and authenticity of the submitted materials.
    12th land registration the applicant shall satisfy the following conditions: (a) land within the administrative area of application for registration; (b) the eligibility of the applicant; (c) the ownership certificate (iv) contents of the application for registration in line with the ownership certificate. Not in conformity with the preceding paragraph (a) the conditions of provision, it shall notify the applicant to the land administrative departments to apply.
    Does not meet the other conditions of the preceding paragraph shall at once inform the applicant needs to submit materials or content of the correction.
    Admissible applications for land registration, land administrative departments shall issue to the applicant a pickup, Pickup orders must indicate the day of acceptance of the application, collection number, on the rights and obligations of the applicants, procedures and requirements.
    Does not meet the conditions for applying for registration, the land administrative departments shall return the application materials in a timely manner. 13th competent administrative departments shall carry out cadastral surveys of land 3rd applicant and neighbouring people assist in the cadastral survey, confirmed the estate boundary location.
    Already have a valid boundary check documents or agreements have delineated clearly outside the property boundary, should be based on the cadastral map, with the approval of the red line and other information organizations the applicant party scene and adjacent territories confirmed the estate boundary location.
    Address the boundaries can be applied for by the applicant before the registration of qualified professional institution commissioned measurements, and boundary-access tables and maps submitted as the ownership certificate of the land administrative departments; also available in cadastral survey by the land Administrative Department of surveying or qualified professional institution commissioned by the applicant survey.
    Cadastral survey should form a cadastral survey, these boundary address table, maps, cadastral maps, land registry staff should be responsible for authenticity of the cadastral survey results. Adjacent to the applicant or who missed the scene, may be extended to the land Administrative Department in charge of industry.
    Adjacent to the applicant or who do not apply for an extension of time, and not refer to territories or territories without signature (stamp), the Department of land administration under the cadastral information, present location and boundaries define a boundary site which, and notify the applicant or the adjacent contacts.
    Boundary-access dispute, according to the relevant regulations of the land dispute. Article 14th land administrative departments under the land registration applications, the materials submitted by the applicant and cadastral survey results for a comprehensive audit, compliance with registration requirements, should be registered.
    Registration of main content has: (a) land right people; (ii) land ownership nature; (three) land right type; (four) land ownership source; (five) land is located, and where figure site,, and ancestor grade,; (six) land boundary; (seven) land area; (eight) land uses, and land using conditions; (nine) land made time, and land using term; (10) he items right; (11) registration date; (12) other registration content. 15th primary registration of land and to the article 31st, 42nd, 49th to 52nd registration provided for in article II, after auditing the ownership should be in this city and County within media announcements or in registered land locations with some form of notice period 30th.
    Announcement of main content including: (a) land ownership people, and land right people and he items right people of name, and address; (ii) granted registration of land ownership nature, and boundary, and area, and uses; (three) land ownership people, and land right people and he items right people and he interest relationship people proposed objections of term, and way and accepted organ; (four) other matters. 16th the applicant or any other interested person objects to the announcement can be challenged in the bulletin to the agency within the time limit to apply for and submit a written application and relevant evidence.
    Land administrative departments upon receipt of the notice of opposition, it should be reviewed, would result in the 30th notice objection in writing to the applicant.
    17th land registration applications approved or announced confirmation of land ownership legal, boundary conditions such as clear, accurate area, land administrative departments should fill in land registration and land certificates. Department of land administration under the land registration cards filled out certificate of land, land records on the certificate shall be consistent with land registration card contents.
    Land certificate is legal evidence of land rights, no unit and individual shall forge, alter, buy, sell.
    18th article registration during, found has following case one of of, land administrative competent sector should suspended registration: (a) land right transfer, and rental, and mortgage term over land paid using term; (ii) no paid about tax; (three) land ownership occurred dispute yet solution; (four) land violations yet processing; (five) land right was law seized; (six) applicants or other interest relationship people on registration announcement content proposed objections, need for processing;
    (VII) other circumstances that warrant the suspension of registration.
    Land administrative departments decided to suspend registration, it shall notify the applicant in writing.
    Article 19th land registration applications, the review does not meet the conditions for registration, make a decision and notify the applicant in writing of the registration.
    20th the land registration authority and land administrative departments from the date of acceptance of the application, shall be completed within the time limit specified in the following land registry: (a) initial registration for the 30th; (b) the registration is 20th, (iii) his right to be registered as 10th; (d) the cancellation of registration for the 10th.
    Approved to extend the period specified in the preceding paragraph, but not more than 1 time times the prescribed.
    Cadastral survey measurements of time, during time, notice of the time, the objection review time does not count processing period. Article 21st documents shall, in accordance with the relevant provisions of the land registration form filing, for permanent retention.
    Any unit and individual shall forge, alter the land registration documents.
    Vice President of land registration card by neighborhood (village) and order assembled to form the land parcel register.
    Queries can be made public according to law, copy of the land register information registration office should be provided.
    22nd land administrative departments shall, in accordance with the land registration land registration technical specifications. Chapter III initial registration article 23rd primary registration of land, city and county governments should have issued notice includes:

    (A) the registration division of land, (ii) duration of land registration and (c) accept applications and on-demand pick-up locations; (d) the applicant shall submit relevant documents and (v) other matters.
    24th approved made in land use and land ownership, shall be determined in accordance with the relevant land use rights, not for land registration, included in the cadastral management, shall apply for the initial registration of land rights.
    25th State-owned land and collective land use rights by applying for registration.
    Land for public and municipal facilities, public and municipal facilities by the competent authority for registration; public facilities and public welfare undertakings of townships village belong to the peasant collective land, by the collective economic organizations apply for registration.
    Farmers collective of land law belongs to village farmers collective of, by village collective organization or village Committee application registration; belongs to village within two a above rural collective organization or villagers group all of, by village within the the rural collective organization or villagers group application, organization institutions not sound of, by village Committee agent application; belongs to township farmers collective of, by Township rural collective organization application, organization institutions not sound of, by Township government agent application.
    Article 26th city and County Government notices of initial registration of land, land rights should application for initial registration within the time limit specified in the notice. Has following case one of of, land right people should in 30th within application initial registration: (a) to transfer way made State-owned land right of, since by transfer contract agreed paid all land right transfer gold of day up; (ii) to rental way made State-owned land right of, since signed rental contract of day up; (three) to allocated way made State-owned land right of, since received construction with to approved file or State-owned land allocated decided book of day up; (four) using farmers collective land for construction of,
    From the date of receiving the approval of construction land, (v) unit or individual Contracting State-owned land for farming, forestry, animal husbandry, fisheries, agriculture, from the date of land contract and management contract.
    27th article law using state-owned construction with to of, application state-owned land right registration Shi, should submitted following ownership proved material: (a) construction with to approved file; (ii) to paid using way made State-owned land right of, submitted land paid using contract; (three) to allocated way made State-owned land right of, submitted has issued of State-owned land allocated decided book; (four) involved demolition placed of, submitted demolition compensation placed work completed of related proved file;
    (E) has paid the price of documents; (vi) credentials has paid the relevant taxes and fees; (VII) construction and approval of the red line, (VIII) has been issued by the construction planning and design of land use planning permits and drawings, conditions; (IX) other supporting materials.
    January 1, 1987 People's Republic of China land management method implementation yiqian, has using state-owned construction with to, land ownership proved file not meet Qian paragraph provides of, should submitted following ownership proved material: (a) personal using of, submitted housing ownership proved; no housing ownership proved of, submitted Court entered into force of judgement, and ruled book, and mediation book or Government and the about sector processing of file; (ii) units using of, submitted ownership source proved material and the units competent sector of views;
    (C) real estate inheritance, sale, adjustment, Exchange, donation, acquire land, in addition to subparagraph (a) or (b) in addition to submit proof of ownership of land, housing, shall also submit the corresponding agreements and supporting documents; (iv) other supporting materials.
    Unable to submit proof of land ownership, land tenure shall be submitted to sources written in the evolution of reporting and the residents ' Committee or evidence of the basic-level people's Governments.
    28th the use of collective-owned construction land according to law, applications for land registration, the ownership certificate of the following shall be submitted: (a) the approved construction documents; (b) construction and approval of the red line, and (iii) to land investment, joint venture and other forms of organized enterprise, submitted to the relevant shareholder or the joint venture contracts; (iv) other supporting materials. January 1, 1987 People's Republic of China land management method implementation yiqian, has using collective construction with to, land ownership proved file not meet Qian paragraph provides of, should submitted following ownership proved material: (a) rural villagers using of Homestead, submitted where rural collective organization and village Committee or grass-roots Government of proved file; (ii) township village within public facilities, and public career construction with to and township enterprises using of construction with to, submitted land ownership source evolution of written report, and
    Rural collective economic organizations and village committees, or evidence of the basic-level people's Governments and (iii) related agreement with the rural collective economic organizations and (iv) other supporting evidence.
    Article 29th-use State-owned land used for agricultural production, when applying for registration of State-owned land, the ownership certificate of the following shall be submitted: (a) the approval document of the State-owned land, (ii) the contract management contract; (c) with the approval of the red line and (iv) other supporting evidence.
    State-owned units use State-owned land for agricultural production, when applying for registration of State-owned land, in accordance with the relevant provisions of the State and the autonomous communities to submit proof of ownership.
    According to law by the rural collective economic organization for State-owned land in agricultural production, according to the People's Republic of China rural land contract law and relevant laws and regulations.
    30th article application farmers collective land ownership registration, should submitted following ownership proved material: (a) land reform period, issued of land all card and land archives inventory; (ii) co-operative period or implemented labour, and land, and draught animals, and tools, fixed Shi, determine of land return farmers collective of resolution, and decided and other file; (three) party Zhijian on farmers collective all land law reached of agreement;
    (Four) levels Government in terms range within on farmers collective all land made of processing decided or law entered into force of mediation agreement; (five) levels Government clear land belongs to rural collective organization or village Committee business management of file; (six) Court on ownership disputes made of entered into force of judgement, and ruled book, and mediation book; (seven) other can law proved land ownership source of proved material.
    Cannot submitted Qian paragraph provides material of, should submitted following ownership reference proved material: (a) rural land contracting contract, and woodland right, and forest ownership, proved material; (ii) law formed of land using status survey, and forest resources inventory about results information; (three) rural collective organization management using land of facts information and about voucher; (four) law developed of administrative line and border map.
    Unable to provide proof of ownership of land ownership documents or reference materials shall be submitted to sources written in the evolution of land ownership reports and evidence of the villagers ' Committee or grassroots people's Government.
    31st article land registration organ, and land administrative competent sector should according to land using status survey, and to nationality survey, results information, on yet determine land right of State-owned land for registration register; recovered, and make back, and acquisition, and free of State-owned construction with to and law levy zhihou yet approved using of construction with to, by about provides into reserves of, by city, and County Government land reserves institutions holding about approved file application registration. Fourth chapter change registration first section transfer change registration 32nd article has registration of land right, for following case and caused change of, party should in about legal file entered into force or facts occurred Hou 30th within application handle transfer change registration: (a) real estate transfer, and adjustment, and Exchange, and gift; (ii) real estate inherited, and legacy; (three) Court of entered into force judgment, and ruled, and mediation; (four) arbitration institutions of entered into force ruling, and mediation; (five) disposition mortgage real estate; (six) real estate for
    Joint venture capital or shares, and (VII) merger, Division, merger, restructuring, and (VIII) other circumstances as stipulated by laws and regulations. Real estate transfers or changes, shall be registered according to law to handle property changes, and changes of land administrative departments of housing ownership certificates to apply for registration of change of land use rights transfer.
    Allocated to acquire land, transfer of real property, shall have the right of approval of the people's Government approved and ratified documents for land-use rights transfer of registration of changes.
    Article 33rd registrations should be submitted to the land land transfer certificates, change of land-use right transfer of documents, in line with the law, regulations and documentation of land use contract terms of transfer, real estate transfers or changes, should be submitted to the property after the change of registration ownership certificate.
    Section II registration article 34th land shall within 30th floor of the building was completed, the land administrative departments to apply for alteration registration.
    Conditions of land use right of land use and land use change, land use change shall be approved within 30th of, approval documents and land use right certificate holders to apply for registration of change relates to pay land-use right transfer fee paid land use right transfer vouchers shall be submitted. 35th allocated land-use right according to law for paid use of land clearance, land should be signed within 30th of the land use contract, former State-owned land use permit holders, changing land-made patterns approved documents, land use contracts and payment of land transfer documents and other application for registration of changes.

    Article 36th land without affecting the rational utilization of land division of land parcels, land use right certificates, segmentation, segmentation changes; a total split between people of communal land, by dividing the change registration.
    Land owned adjacent land, and in accordance with the terms of the merger, with land use right certificate for merger registration.
    37th land ownership, land tenure and land right change of name, address, name, address date of change in the 30th, relevant documents of application for registration of name, change of address. Article 38th land rights holder or other interested person finds the land certificate or registration card registration when errors or omissions can apply for the correction of the registration.
    Land administrative departments to identify correct registration.
    Errors or omissions are registered with the land register records of staff neglect, and original registered documents available, land registration, land administration departments can directly corrected ex officio registration and correction of the registration written notice to the parties concerned.
    Handle the corrected registration shall inform the interested party.
    39th article waters using right people should since fill Sea project completed of day up 3 months within, holding following proved material to land administrative competent sector application land registration: (a) land registration applications; (ii) waters right certificate; (three) waters using approved file, and waters right transfer contract, and waters using gold of paid voucher; (four) has issued of construction with to planning license and the drawings, and planning design conditions; (five) fill sea completed acceptance file; (six) fill sea completed measurement figure pieces, and information;
    (VII) other supporting evidence.
    40th article land administrative competent sector accepted waters using right people of land registration application Hou, should by to nationality survey of requirements, verified waters right change for land right of basic situation, on meet following conditions of, confirmed land right, renewal State-owned land using card: (a) applicants is waters right certificate Shang records of waters using right people; (ii) belongs to fill Sea project, and fill sea engineering has completed formed land; (three) boundary clear, and area accurate, land using situation and with sea approval conditions match.
    41st article fill sea land right by following provides registration: (a) land ownership nature registration for State-owned land right; (ii) land right type registration for transfer or allocated; (three) land ownership source registration for fill sea; (four) land uses by approval with sea Shi of project nature control land classification determine; (five) land using conditions by with sea approved file, and waters right certificate and construction with to planning license and the drawings, and planning design conditions, determine;
    (Vi) land reclamation acceptance confirmation of registration time, and indicate the area to obtain the right time; (g) determines the duration of land use by maritime right of use period, expiry date registration of right of sea area for land use expiry date; (VIII) other contents according to the land registry for registration. 42nd article of damaged land, land rights may have damaged the land certificate renewal application to the land administrative departments.
    Land Administrative Department of inspection, the certificate of the land recovery and renewal, new land certificate marked "renewal". Certificate loss, loss of land and land rights to the land administrative departments can apply for a replacement. When you apply for a replacement, it shall explain why the land certificate is lost, destroyed or lost, and provide related proof materials. Land administrative departments shall be announced on 30th, no one on the expiry of the notice period is lost, destroyed challenged facts or audited objection does not stand, replacement land certificate, indicated on the new land certificate "issued retrospectively".
    From the date of replacement, cancellation of the certificate of the land.
    Fifth chapter he right article 43rd registered mortgage or lease land-use rights, the Parties shall in the mortgage contract or lease contracts entered into within 30th of, apply for registration of land rights.
    Other land rights has been set, the parties set the date in the 15th and apply for registration of land rights.
    44th may apply for registration of mortgage of land according to law, shall submit the following materials: (a) the land use right certificate, (ii) mortgage principal debt contracts, (iii) the mortgage contract.
    Split mortgages, land subdivision mortgage programme and shall be submitted by the mortgagee and the split recognized the mortgagor mortgages boundary plan.
    Article 45th apply for registration of land lease, lease contract shall be submitted to the land-use right certificates and.
    Article 46th can apply for registration of other rights, the ownership certificate of the following shall be submitted: (a) the land use right certificate, (ii) evidence to set him right.
    47th article of land his right shall be from the date of change in the 15th and apply for other rights registration.
    48th article meet following conditions of land he items right registration application, should granted registration: (a) applicants is set he items right of party, and which party is land registration card records of land right people or land ownership people; (ii) set he items right registration of land in land registration range within; (three) set of he items right and has registration of right not conflict; (four) meet about legal, and regulations, and regulations of provides. Chapter Sixth cancellation of registration article 49th peasant collective ownership of land expropriated or rural collective economic organization members formed into urban residents according to law, should be after the land expropriated or handle non-agriculture, land registration authority, Department of land administration in accordance with the legislation in force cancellation of collective land ownership register files directly.
    Collective ownership of land shall, from the date of land expropriated in the 30th, to surrender land certificates cancelled the land registration authority, fails to surrender the land registration office notice cancellation. 50th of resumption of land use right according to law, land registration authority in accordance with the resumption of land tenure decisions cancellation of land registration.
    Land shall receive back land use decision within 30th of, return the land certificates cancelled the land registration authority, fails to surrender the land registration office notice cancellation.
    To order the return of State-owned land in accordance with law, the right shall return receipt of the ordered State-owned land use decisions within 30th book, return the land certificates cancelled the land registration authority, fails to surrender the land registration office notice cancellation.
    51st to paid use of acquired land use rights, expires without renewal or an application for renewal is not approved, the original land use right shall, before the expiration of the 15th, holding land certificate of State-owned land use right to cancel the registration, fails to apply for cancellation, land registration authority in the land-use after the expiry of notice cancellation.
    52nd loss caused by natural disasters such as land rights, ownership of the land or land certificates and related documents of the land, apply for land ownership or land registration cancellation, fails to apply for cancellation of the land registration office notice cancellation.
    53rd land his right to terminate, and any person in his right to terminate within 15th of holders of relevant documents to apply for his right to cancel the registration of land.
    Seventh chapter legal liability these measures are not in accordance with the provisions of article 54th registered, handled by the land administration authorities shall order its deadline.
    55th applicants submit false applications for registration materials, cause a registration error, causes losses to the land rights of the persons concerned, the applicant shall bear the corresponding legal responsibility, land registration authority according to law based on ascertained facts land registration cancelled, and the Department of land administration fined 1000 Yuan and 10,000 yuan fine.
    56th article land registration work in the has following behavior one of of, about administrative organ should law on directly is responsible for of competent personnel and other directly responsibility personnel give administrative sanctions; constitute crime of, law held criminal: (a) abuse, and engages in, and fraud; (ii) for work serious dereliction of caused wrong, and leak registration, or registration improper and not corrected; (three) leaked work in the knows of commercial secret; (four) lost registration material, to applicants caused major loss;
    (E) no justification for refusing to go through the registration or handle without a justification for exceeding the prescribed period (vi) to receive or solicit bribes; (VII) breach charges; (VIII) refused to accept the higher administrative authority supervision and inspection.
    The eighth chapter by-laws article 57th laws and regulations provide otherwise on land registration, from its provisions.
                                                                                                  58th article this approach as of January 1, 2008,

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