Nanjing Land Registration

Original Language Title: 南京市集体土地登记办法

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(September 17, 2002 Nanjing City Government Executive Conference considered through April 16, 2003 Nanjing City Government makes No. 214, announced since June 1, 2003 up purposes) first chapter General first article for protection collective land right people of lawful rights and interests of, strengthening collective land ownership management, according to People's Republic of China land management method, and Jiangsu Province Land Management Ordinance, and Jiangsu Province land registration approach, about legal, and regulations, combined this city actual, developed this approach.
    Article collective land registration in these measures, including collective land ownership, usufruct and other rights of registration.
    This article measures shall apply to the registration of collective land within the administrative area of the city.
    Forest land ownership and the right to registration, in accordance with the People's Republic of China Forestry Act regulations.
    Registration of collective land in accordance with the People's Republic of China rural land contract law the relevant provisions.
    Fourth of municipal land resources Bureau in charge of the city land registration.
    District/County Land Administration Department is responsible for organizing the implementation of collective land in the area to register for work.
    Article fifth register of collective land ownership, tenure and other rights protected by national law, and no units or individuals may infringe upon it.
    Article sixth of collective land rights holders should apply for registration within the period specified.
    Collective land rights certificates should not be altered.
    Chapter II general provisions article seventh land register is divided into initial land register and land register.
    Collective registration to land as the basic unit of land.
    Eighth collective land in accordance with the following procedures: (a) the applications for land registration, (ii) cadastral surveys, and (iii) the ownership audit; (d) notices; (v) registration (vi) issuance of land ownership certificates or changes.
    The preceding paragraph (d) the provision applies only to the initial registration, notice not later than 15th. Nineth collective land ownership, shall enjoy the collective ownership of land by the collective economic organizations apply.
    Without collective economic organizations, by the party applying for registration of the following: (a) village group applied for registration of the following collective ownership of land: 1, the land boundaries of the household contract responsibility system was not broken in the villagers ' group land; 2, other land belonging to the village group collectively owned by peasants in accordance with law.
    (Ii) village Committee application registration following collective land ownership: 1, and original is village within villagers group farmers collective, in land family contract in the has break villagers group line of land; 2, and villagers group farmers collective agreed return village farmers collective of land; 3, and cannot proved belongs to Xiang, and town (Street) or villagers group farmers collective of land; 4, and other law belongs to village farmers collective of land.
    (C) in township and town people's Governments (Street) application for registration of the following collective ownership of land: 1, collective farmers of the village and the villagers ' Group agreed with the home town (Street) rural collective land; 2, other legally belongs to the Township and town (Street) farmer of collectively-owned land. Tenth Article collective land construction with to right by following party application registration: (a) law made Homestead right of, by housing ownership people or by approved of Homestead right people application registration; (ii) law made enterprises construction with to of, by using people application registration; Xiang and the Xiang above Government unified management of education, and water, and traffic, public career, and public facilities of collective land construction with to, should by competent sector unified application registration; legal, and regulations clear provides by Xiang, and
    Town (Street) management, by Township and town people's Governments (Street), apply for registration.
    11th the collective land rights, by parties to a land he shall enjoy the right to apply for registration.
    12th a land rights owned or used by two or more than two, shall be applied for registration; land rights in two or more persons jointly owning or using the same land, should apply for registration.
    13th the applicant may authorize an agent to apply for registration of land. By an agent to apply for registration shall be submitted to the registration authority the power of Attorney of the applicant.
    Outside the power of Attorney of the applicant shall be notarized or authenticated in accordance with the relevant provisions.
    Article 14th collective land property survey carried out by the Department of land administration organizations.
    Ownership of land administrative departments in the investigation shall publish or notify the land owner and the holder of the scene. 15th surveyed the land ownership boundaries involved land owners, users, shall, in accordance with the notice or the notice of the prescribed time, places, people.
    Found on both sides of the line, people on both sides should be signed and sealed on land ownership questionnaire.
    Peasant collective all land boundaries from which the farmers elected according to law and by the villagers ' Committee certified, Township and town (Street) collectively owned by peasants from Township people's Government (Street), issue a certificate. 16th party refers to the territories was not present at the time the boundaries, which refers to the line determined by the parcel boundaries to the other party. Land ownership survey results to served on the breach of contract absent in written form.
    Absentees such as objections, the boundaries of an application made in the 15th and the applicant the full cost of the boundaries, is absent after application fails to apply for or, equated to determine the boundaries of any objection.
    Refers to the territories were unable to produce a certificate or without good reason refused to sign and seal the land ownership questionnaire, with the absence of community.
    Collective land ownership boundaries and land use mapping from a qualification of cadastral surveying and mapping agencies. 17th piece of disputed land ownership boundaries, investigators should be mediation first. After mediation failed to reach an agreement, make sure no controversial land ownership boundaries.
    Controversy section in accordance with land ownership disputes.
    Article 18th when the land use survey to determine ownership boundaries, review is correct, no longer survey, refers to the territories.
    Article 19th administrative departments should be based on the cadastral survey of land (land use investigation) results, examine, verify the contents of the application for registration.
    Audited in line with collective ownership of land, building applications for land registration, reported to the district and county people's Government shall be registered.
    Registered collective land ownership, usufruct, from district and county governments respectively to collective land owner, granting collective land ownership certificate and the certificate of collective land use.
    Audited in accordance with application based on land right registration, registered by the district and county administrative departments, and the mortgagee, lessee each issue land mortgage certificates, certificate of the land leased.
    20th article has following case one of, land administrative competent sector not accepted land registration application of, should in received application of day up 15th within (initial land registration in survey Hou 15th within) will not accepted of reason written told applicants: (a) application registration of collective land is not this registration district of; (ii) submitted of collective land registration file not complete of; (three) cannot provides legal proved of; (four) other law not accepted of case.
    21st article has following case one of of, land administrative competent sector can made suspended registration of decided, and should will suspended registration of reason written notification applicants: (a) land ownership exists dispute yet solution of; (ii) violation land management legal, and regulations using collective land, yet processing or is processing of; (three) collective land using people of registration application, not by provides consent of land owner agreed of; (four) legal, and regulations provides suspended registration of matters.
    22nd mass land registration, found to be false or omitted, the land administrative departments should handle the correct registration; registration of land rights holders can also apply for a correction. 23rd mass land certification applies an inspection system.
    Land rights shall, in accordance with the deadline set by Department of land administration land certificate identification procedures.
    24th land registration information available for public inspection.
    Subject access, extract, copy, land registration, shall apply to the land Administrative Department and consult, extract and duplicate in accordance with records management information with the land registry.
    25th chapter registration due to bankruptcies, mergers and restructuring caused by land use change, land use right of the company or individual, collective land owner should be received within 30th of the approval documents, approval documents, contracts, land use permits and other relevant documents for the application for registration of changes.
    26th in line with land management provisions access to Homestead, shall, after receiving the right to approval document in the 30th, House approve the documents for the application for registration.
    Purchase, Exchange, by gift, inheritance, Division, merger of the Homestead, in the 30th after the approval of the Parties shall have the right to, approval documents, purchase agreement (recipient certificate, certificate of inheritance, the exchange agreement, split agreement, etc) and the original land use permit application for registration of changes.
    27th agricultural land and unused land into land for construction, land owners should be received within 30th of have the right of approval of the approved documents, approval documents and original collective land all permit holders to apply for land types (use) change of registration.
    28th due to collective land mortgage, leasing him right, the party after signing the lease contract shall be in the mortgage, in the 15th, mortgage or lease contract, collective land owner consent materials and related documents for the application for registration he set right. 29th State shall requisition of collectively-owned land, collective land owner after the requisition is approved in the 30th, take the original tudisuoyouzheng application for cancellation of registration by land.

    Collectively-owned land were all requisitioned or all of the collective members according to law to urban residents, being all expropriation of collective land or to go non-agriculture at the same time, cancellation of collective land ownership registration, recovery of collective land ownership certificates.
    Article 30th expiration of collective land, without applying for renewal or renewal has not been approved by the date of expiration of the original collective land use in 15th in the original land use permit holders to apply for cancellation of registration.
    31st group owners and occupiers of land stop land-use, the original after the termination of the right of use of collective land in the 15th, take the right to terminate the agreement and the original land use permit application for cancellation of registration. Chapter fourth penalty 32nd article violates these rules, did not register with the initial registration, change, the land administrative departments may order its deadline for registration.
    Fails to handle, can be fined 1000 Yuan fine.
    Article 33rd deceit to obtain certificate of collective land, be written off in accordance with law, the land administrative departments can be fined 1000 Yuan fine, if the case is serious enough to constitute a crime, they shall be investigated for criminal responsibility by judicial organs.
    Article 34th alter certificate of collective land, the land administrative departments can be fined 1000 Yuan fine.
    35th on an administrative punishment is dissatisfied, he can apply for administrative reconsideration or bring an administrative suit.
    36th registration authority and dereliction of duty, abuse of power, favoritism, given administrative sanctions in law by his entity or his upper level organs constitutes a crime, criminal responsibility shall be investigated according to law.
    Registration authorities and his staff have violated these measures, resulting in loss of rights shall bear the liability.
    Fifth chapter supplementary articles article 37th register of collective land-related matters, this approach does not so stipulate, in accordance with the land registration rules, land registration in Jiangsu Province and other relevant regulations.
    38th article of the way the meaning of the following terms: "collective land rights" refers to the collective land owner, collective land for construction use and collective land rights.
    "Collective land right" means other than the right to use collective land ownership, rights, including mortgages, leases and laws, administrative regulations, requires registration of other land rights.
    "The initial land registration" refers to a certain time, area, or region-specific collective registration of common land.
    "Change" refers to the initial registration of land registration, including registered collective rights arising from the transfer of land, split, merge, change, loss and other changes, land categories (use), change in name, address, registration, cancellation of registration.
    "Parcel" means ownership boundaries enclosed plot.
                                                39th these measures shall come into force on June 1, 2003.