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Nanjing Land Registration

Original Language Title: 南京市集体土地登记办法

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(Adopted by the Standing Committee of the People's Government of South Kyoto, 17 September 2002, No. 214 of the Order of the Government of the South Kyoto City of 16 April 2003 and issued effective 1 June 2003)

Chapter I General
Article 1 strengthens the management of collective land rights in order to protect the legitimate rights of collective land rights, in accordance with relevant laws, regulations, such as the People's Republic of China's Land Management Act, the Land Management Regulations of the Province of Suu Kang Province, the Land Registration Approach of the Province of Jang Suu Province.
Article 2 of this approach refers to collective land registration, including collective land ownership, use and registration of his rights.
Article 3. This approach applies to collective land registration within the administrative region of the city.
Registration of forest land ownership and the right to use is governed by the relevant provisions of the People's Republic of China Forest Act.
Registration of collective land tenure is governed by the relevant provisions of the People's Republic of China Rural Land Contracting Act.
Article 4
The district, the land administration sector is responsible for the organization of collective land registration in the territories.
Article 5
Article 6. Collective land rights holders shall, within the prescribed time frame, carry out registration procedures.
Collective land rights certificates may not be changed.
Chapter II General provisions
Article 7. Collective land registration is divided into initial land registration and land registration.
Collective land registration is the basic unit.
Article 8
(i) Land registration applications;
(ii) Naturalization surveys;
(iii) The right to review;
(iv) Notice;
(v) Registration;
(vi) The issuance or modification of the title of land.
The provisions of paragraph (iv) above apply only to initial registration, which is not less than 15 days.
Article 9. Collective land ownership is applied by collective economic organizations that enjoy this collective land ownership by law. No collective economic organization was registered by the following parties:
(i) The Village People's Group applies for the registration of the following collective land ownership:
1) The land not broken down by the villagers' Group line in the contract of land-based households;
Other land is collectively owned by village farmers under the law.
(ii) The Village People's Committee has applied for the registration of the following collective land ownership:
The villagers' groups in the original village have been collectively owned by farmers, which have broken down the boundaries of the villagers' groups in land contracts.
2 Farmers of the village group collectively agree to land owned by village farmers;
It is not possible to prove that all of the lands belonging to the commune, town ( Street) or villagers' groups are collectively owned;
Other land is collectively owned by village farmers by law.
(iii) The communes, the Government of the Town (Robbon Office) apply for the registration of the following collective land ownership:
The village and villagers' groups have collectively agreed to belong to all the land of the farmers in their homes, towns and streets;
Other land is owned by the law, in town ( Street) farmers.
Article 10
(i) The right to use a home base by law, with the application of registration by the owner of the house or the licensed home base;
(ii) The acquisition by law of the place of construction of the business and registration by the user;
Collective land-building sites, such as education, water, transport and public facilities, which are administered by the communes and the communes, should be registered by the competent authorities; laws, regulations expressly regulate the administration of the communes, the Government of the town (the street office) and are registered by the communes, the Government of the people of the town (the street office).
Article 11. The right of a collective land to be registered by a party entitled to that land under the law.
Article 12, a land owner owned or used two or more land, should be registered on a case-by-case basis; two or more land rights holders jointly owned or used the same name and should apply for registration.
Article 13. The applicant may entrust the agent with applying for registration of the land.
Registration by an agent shall be submitted to the registry for the applicant's submission. The solicitation of an external applicant shall be certified or certified in accordance with the relevant provisions.
Article 14. Collective land rights surveys are carried out by land administration authorities.
The land administration authorities shall notify or communicate in writing the landowner and the right to use the land to the local boundaries in their rights surveys.
Article 15. The landowner and the user involved in the boundaries of the land subject of the investigation shall be referred to the border in accordance with the time specified in the notice or reference to the boundary. On the basis of the demarcation determined by the parties, the parties refer to the principle that the parties should sign the chapter on the land rights questionnaire.
Farmers' collective landowners have been generated by the Farmers Collectively by law and by the Villagers' Committee, which has proved that all of the land of the farmers in the town, the town (the street) are certified by the communes, the Government of the Towns (Roman Street Office).
Article 16 refers to the fact that the owner has not been present at the time specified, and that its trajectory line is determined by the boundaries specified by the other party. Land rights are vested in the investigation body to send the findings of the community to default in writing. In the absence of an objection, a request for a relimitation could be made within 15 days and the applicant would be burdened by the full cost of redelimitation, with the delay in the application or application, without objection to the established line.
The reference to the failure of the community to demonstrate or justify the refusal to sign a chapter on the land rights questionnaire, as in the absence of the same party.
Collective land rights demarcation lines and land-use mapping are assumed by institutions that have access to geodetic mapping.
Article 17 is disputed by the land rights line and the investigator shall first conduct on-site mediation. Without agreement on mediation, it was determined that there was no disputed land rights line. The dispute is partly dealt with in accordance with the right to land.
Article 18 defines the limits of the rights established in the context of the land use status survey and, after relapse, no re-expulsion and reference.
Article 19 Land administration authorities should review, verify, on a case-by-case basis, the content of the application for registration, based on the results of the survey of the land use status.
Approval of applications consistent with collective land ownership, the construction of a right to use registration, and the approval of registration by the Government of the veterans.
The registered collective land ownership, the right to use are issued by the zone and the communal landowners and users respectively.
Applications reviewed in conformity with the registration requirements of the land's rights are registered by district, district land administration authorities and issued the Land-Use Mortgage certificate, the Land-Use Subsidance Certificate, respectively.
In one of the following cases, the Land Administration shall be informed by the applicant in writing of the grounds of inadmissibility within 15 days of the date of receipt of the application (the initial land registration within 15 days of the investigation):
(i) The collective land for registration is not registered;
(ii) The submission of collective land registration documents is incomplete;
(iii) Failure to provide legal evidence;
(iv) Other cases in which the law is inadmissible.
In one of the following cases, the Land Administration may make a suspension of registration decision and shall notify the applicant in writing of the reasons for the suspension of registration:
(i) The existence of the right to land is not resolved;
(ii) The use of collective land in violation of land management laws, regulations and regulations has not been dealt with or is being processed;
(iii) The registration application of collective land users without the consent of the landowner;
(iv) Laws, regulations stipulate matters for suspension of registration.
Following the registration of collective land, it was found that the land administration authorities should be subject to correctional registration; the owner could apply for the registration.
Article 23 establishes the identification system. Land rights holders should process the identification of land certificates in accordance with the time specified by the land administration authorities.
Article 24 provides open access to land registration information.
Access, excerptation, replication of land registration information should be made available to the land administration authorities and, in accordance with the regulations governing the archives, extracts and replication of land registration information.
Chapter III Registration
Article 25, as a result of changes in collective land-use rights, such as the insolvency, merger and conversion, shall apply for registration within thirty days of the receipt of the approved document by the enterprise or individual, collective landowners.
Article 26 Individuals who are in compliance with the regulations governing the home base shall apply for registration within thirty days of the receipt of the documents approved by the authorities.
The purchase, exchange, grant, succession, division and consolidation of the home base shall be registered by the parties within thirty days of approval by the authorities, with the approval of the document, the purchase agreement (a grant certificate, succession certificate, agreement, division agreement, etc.) and the original land use certificate application.
Article 27 converts agricultural land, unused, to building land, and all collective landowners should register within thirty days of the receipt of the approval of the document by the Government of the people with the right to do so, with the approval of the document and the original collective land owner's application for a change of land type (use).
Article 28, in the case of collective land-use mortgages, leases of other rights, shall be registered by the parties within fifteen days of the mortgage, lease contract, the collective land owner's consent material and related documents.
Article 29 provides for collective ownership of all land by law, and all collective landowners shall, within thirty days of the approval of the expropriation, apply for the cancellation of the land.
All members of the collective land were fully recruited by law or collectively belonging to the Farmers to the urban population, while collective land was fully recruited or processed for agricultural transfers, the registration of collective land titles was cancelled and all the evidence of the collective land was recovered.
Article 31 expires on collective land use rights without approval for the duration of the extension or application of the extension period, and the original land-use certificate application for the write-off is pending the date of the expiry of the term.
Article 31 terminates the use of land by collective landowners and users, and the former collective land users, within 15 days of the termination of the right to use, have the right to terminate the agreement and to apply for the cancellation of the original land use certificate.
Chapter IV Corporal punishment
Article 32, in violation of this approach, provides that no initial registration, modification is registered, and the land administration may be responsible for the duration of registration proceedings. Until such time, a fine of up to 1000 can be imposed.
Article 33 provides for the payment of collective land certificates by deceiving them in accordance with the law, and the land administration sector may impose a fine of up to 1000, which constitutes a serious offence and is criminalized by the judiciary.
Article 34 reproduces to collective land certificates, the land administration sector may impose a fine of up to 1000.
Article XV does not impose administrative penalties on the parties and may apply for administrative review or administrative proceedings in accordance with the law.
Article XVI provides administrative disposal by the registry and its staff to perform negligence, abuse of authority, provocative fraud, and by their offices or superior authorities; and constitutes a crime and is criminally criminalized by law.
In violation of this approach by registration authorities and their staff, the loss of the rights should be borne in liability.
Chapter V
Article 37 concerning the registration of collective land does not provide for implementation in accordance with the relevant provisions of the Land Registration Rules, the Land Registration Scheme in the Province of Suang Province.
The meaning of the following terms of this approach is:
“Community land rights” means all collective landowners, collective landowners, and collective landowners.
“The collective landowner's rights” means the rights of collective land ownership, other rights outside the right to use, including mortgage, tenancy and other land rights requiring registration under the law, administrative regulations.
“Preliminary land registration” means universal registration of collective land in the Territory or specific regions within a certain period of time.
The “removal registration” means registration of land other than initial registration, including registration of collective land rights registered as a result of changes such as diversion, division, consolidation, reduction, loss, etc., land type (use), name, address change registration, cancellation of land registration.
“Puntland” means the place closed by the limits of the right.
Article 39 of this approach is implemented effective 1 June 2003.