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Wuhan Urban Land Registration Management

Original Language Title: 武汉市土地登记管理办法

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(Adopted at the 8th ordinary meeting of the Government of the Republic of Vilhan on 11 August 2003, No. 146 of 15 September 2003 by the Order No. 146 of the Government of the city of Vilhan, on 20 October 2003)

Chapter I General
Article 1, in order to regulate land registration, strengthen land registration management and protect the legitimate rights and interests of land rights, develop this approach in line with the laws, regulations and regulations of the People's Republic of China Land Management Act, the People's Republic of China Urban Property Management Act.
Article 2, State ownership of land, collective land ownership, collective land tenure and land rights (hereinafter referred to as land rights), are created, modified and terminated in accordance with this approach.
Article 3. The municipal land administration sector is the authorities registered throughout the city and is directly responsible for the development of land registration in the new technology area of the Lake Yangi, Yanghan, (the author's note that the word is left stone, the right side is the job, Hanpositive, Vuk, Xi, mountainous, mountainous and Vavhan Economic Technology Development Zone, and the development of land registration in the new technology area of the Lake Xu. The land administration sector in other areas of the city is responsible for the registration of land within the Territory.
Article IV. The Land Administration and the Housing Administration shall cooperate with each other, simplify the procedures and improve the efficiency of the work and, in accordance with the provisions of the Government of the city, work on the registration of land rights and housing ownership.
Article 5 The land administration sector examines and recognizes the applicant's land rights in accordance with the law and is licensed by the HPR. The land certificate is a legal testimony of the owner to use and dispose of land by law.
The right to land registered by law is protected by law and no unit or individual may be violated.
Article 6 shall not be transferred, rented or mortgaged without legally registered land.
Chapter II General provisions
Article 7. Land registration as described in this approach includes initial registration, registration, modification and write-off registration.
Initial land registration is carried out in accordance with the relevant provisions of the State, by the Government of the city, and by the municipal land administration sector.
Article 8. Land registration is a basic module.
The name of the land is to be closed by the land tenure line.
Land users or landowners with or using more than two land shall apply for registration.
The types of land-use rights, the date of termination and the use are different.
More than two land users jointly use one land and should apply for registration.
Article 9. Land registration should document the name of the owner, the place of the land, the scope, use, the nature of the right, the type of use, the date of the termination and the status of his rights.
Article 10. Land registration is conducted in accordance with the following procedures:
(i) Land registration applications;
(ii) Naturalization surveys;
(iii) The right to review;
(iv) Registration;
(v) The issuance or replacement of land certificates.
The land registration applicant shall pay the related costs in accordance with the provisions.
Article 11. Land rights may apply for land registration by themselves, or by the agent of others for land registration. The author should submit a letter of entrustment and a representative identity certificate.
An external applicant is entrusted to the other person for registration of the land and the agent shall submit a letter of credit and an act certificate of his or her identity.
Article 12 Registration of land registered under the law, exchange, grant and mortgage, rental of land rights shall be applied jointly by the parties.
In one of the following cases, the parties may apply for land registration:
(i) Successing the right to land use;
(ii) Legal instruments that have legal effect in the implementation of the People's Court or the arbitral body;
(iii) Other cases provided for by law, regulations.
Article 14. Landholders shall apply for land registration in the following name:
(i) The name of the corporate legal person;
(ii) The name of the State organ, the cause unit, the social group, which is the statutory name of the organ, unit or the name confirmed by the Government;
(iii) The unlawful organization of the organization's name or name approved by the Government;
(iv) For natural persons, the name is valid.
Article 15. The land registration application is one of the following cases, and the land administration sector should suspend land registration:
(i) The application instrument requires amendments or additions;
(ii) The land rights dispute has not been dealt with;
(iii) Land violations have not been addressed;
(iv) Constraints of land rights by law or by means of envelope buildings, other consignments;
(v) Laws, regulations stipulate that other circumstances in which land registration should be suspended.
The land administration sector should be granted land registration after the elimination of the circumstances set out above.
Article 16 has one of the following cases: the Land Administration does not register land:
(i) The land for registration is not in the present administrative area;
(ii) The applicant for land registration cannot provide a legal identity certificate;
(iii) The origin of land rights is unknown;
(iv) Transfers, rents, mortgages over land use rights;
(v) Laws, regulations stipulate other circumstances that do not register land.
Article 17 provides for a system of inspection of land certificates, and the land rights shall be governed by the time period specified by the land administration.
Article 18 shall not be altered by land certificates, which are not valid.
Land certificates are damaged and can be recovered after the test. In exchange of land certificates, the original land certificate was cancelled.
Article 19 Land certificates were lost and the land owner should apply to the land administration and make public statements to the society in a timely manner. The land administration sector, after ascertaining the right to land, should be given notice of loss of registration and issued a notice of loss of land cards in the press for 30 days. During the public notice, there was no objection and the land administration sector should be added within three days of the expiry of the notice.
Article 20, the land administration sector should conduct professional management of land registration information throughout the city and establish an open search system for land registration data.
Chapter III Establishment of registration
Article 21, which is legally entitled to national land use, collective land ownership and collective land use rights, shall apply to the land administration sector for the registration of land within 30 days of the date of the acquisition of the land rights.
Article 2, which is rented by law or mortgages on land use rights, the land rights owner shall, within 15 days of the date of the land-use lease or mortgage contract, have a land certificate, the land-use lease contract or mortgage contract, apply to the land administration sector for land tenure rental or registration.
Other landowner rights have been acquired and the parties shall, within 15 days of the date of the contract or agreement, have a land certificate, contract or agreement to apply to the land administration for registration of his rights.
Article 23. Units and individuals shall be required to register provisionally on an ad hoc basis within 15 days of the date on which approval has been sought from the land administration sector.
In applying for registration of land, the applicant shall submit the following information:
(i) Applications for land registration;
(ii) Units, statutory representatives have shown that personal status certificates or household certificates;
(iii) The origin of land rights;
(iv) A copyright certificate;
(v) Mapping results from localities with corresponding qualifications;
(vi) Other relevant information provided by law, legislation.
Article 25. The Land Administration shall review the applicant's registration application, in accordance with the provisions, and shall authorize registration within 30 days of the date of receipt of the application and issue a nuclear land certificate. The applicant shall be informed in writing and the reasons shall be given.
Article 26 State ownership of land use is registered by a user unit or by an individual.
Lands belonging to village farmers are collectively owned by the Village National Commission or the Rural Collective Economic Organization for Registration; land belonging to communes, towns and farmers are registered by communes and town governments.
Collective land use rights are registered by units using collective land or by individuals.
The use of State-owned agricultural land is subject to registration by units using the farmland.
Public facilities are available for registration by administrative authorities established by the Government.
Article 27 provides for the first registration of land-use rights and ownership and shall be made public. The registration application is reviewed in accordance with the provisions and the land administration sector should be given notice. The announcement is 30 days.
During the public notice, there was no objection to the fact that the land administration sector should approve registration within three days of the expiry of the notice and issue a land certificate to the applicant.
Article 28 objected to the creation of a notice of registration, and the land administration should send a copy of the written objection to the land registration applicant within 7 days of the date of the written objection. The land registration applicant shall, within 10 days of the date of receipt of a written objection, submit a written response to the land administration sector. The land registration application was rejected by the land administration.
The land administration sector has been surveyed to consider the establishment of the objection, which constitutes a disputed right to land, shall notify the parties in writing and, subject to the relevant provisions of the State, subject to registration of the outcome.
Chapter IV Changes in registration
Article 29 already registered land rights are one of the following conditions, and the land owner shall apply for a change registration within 30 days of the date of the contract or the entry into force of the relevant instrument, in accordance with the relevant national provisions:
(i) State ownership of land use, collective land ownership and collective land use rights are transferred by law;
(ii) The changes in his rights, such as mortgage, rent;
(iii) After the expiry of the tenure period, the use of the extension period has been approved;
(iv) Changes in the name or name of the owner, the place of the land or the name of the owner;
(v) Land-use area and change of use;
(vi) Other reasons give rise to changes in land rights.
In applying for registration of land changes, the applicant shall submit the following information:
(i) Applications for registration of land changes;
(ii) Agreements, contracts, etc., relevant to changes;
(iii) To apply for a change in the identity of the registered party;
(iv) In relation to the approval of documentation, the transfer of land by illegal businesses and organizations should also be submitted to the approval documents agreed by their authorities;
(v) Original of land certificates;
(vi) Changes in the localization of measurements with corresponding qualifications;
(vii) Other information to be submitted.
Article 31 reviews of the applicant's change registration application by the land administration sector, consistent with the provision that the land administration sector should approve the registration of changes within 30 days of the date of receipt of the application and the issuance of a nuclear land certificate. The applicant should be informed in writing and justified by the review incompatible with the provisions.
Article 32 Preserves for the sale of commodity premises shall be granted a land certificate and a licence for the sale of commodity premises within 30 days of the date of the granting of a licence for the sale of the commodity premises, to apply to the land administration sector for the sale of land registrations, to receive a transfer certificate from the commune and to inform the requisitioner of the use of the registration certificate for the separation of the patriots. The owner shall receive a land certificate from the land administration sector within 30 days of the date of receipt of the home title certificate, the registration certificate of the transfer of the communes of the commune, the home ownership certificate.
Article 33 sells public housing and the sale unit shall apply to the land administration sector for a change of registration within 30 days of the buyer's access to the home title certificate.
Article 34 deals with residential housing in urban settlements, and the parties shall apply for registration to the land administration sector within 30 days of the date of the contract.
Chapter V Write-off registration
Article 33 is one of the following cases: the land owner shall apply to the land administration for the write-off registration and return to the land certificate within 30 days of the termination of the land rights:
(i) The land has expired and has not been approved for the duration or extension period;
(ii) The decision of the Government or the land administration sector to recover land-use rights under the law;
(iii) The entry into force of legal instruments by the People's Court or arbitral body for the transfer of land-use rights by law;
(iv) The loss of land due to force majeure;
(v) Rental of land use and termination of mortgage contracts;
(vi) All collective land is converted to urban residents by law by all members of the collective economic organization of agriculture;
(vii) Other circumstances where land rights are terminated.
In one of the preceding paragraphs, the land rights owner did not make an application within the prescribed time period, the land administration was responsible for the write-off of registrations; the late failure could be done directly to write the registration and the written notification of the land owner within 15 days from the date of the cancellation of registration.
Article XVI of the Land Administration has granted a review of the status of the applicant's written-off registration application, in accordance with the provisions, which shall be approved for the write-off and the recovery and write-off of the original land certificate within 30 days of the date of receipt of the application.
Article 337, the Land Administration or Land Rights, found that the results of the registration of land were wrong or omitted, and the land administration should be corrected after verification and re-registration procedures, write-off of the original land certificate, inform the owner of the registration results in writing and re-issued land certificates.
Article 338 of the law write-off of land certificates has not been validated since the date of the cancellation of registration, and the land administration has been given a social notice.
Chapter VI Legal responsibility
Article 39 of the land rights owner has no reason to make a claim for registration, modification of registration and registration of his rights under this scheme, which is subject to a deadline for registration by the registry in accordance with the provisions of the Northern Lakes Land Management Scheme, and may be fined by more than two times the registration fee; the refusal to do so is treated illegally.
Article 40. The parties forged land certificates and their false land certificates were null and void, which were confiscated by the registry authorities in accordance with the law; they constituted a crime and brought criminal responsibility to the judiciary.
Article 40, a non-registration authority or an unauthorized person to receive a land registration or unauthorized production, issuance of a land certificate, is null and void and is held accountable by law.
Article 42 refers to a false application for registration documents by the party applying for registration of land, which is cancelled by land management.
Article 43 XIII does not carry out specific administrative actions by the parties against the land administration sector, which may be applied by law for administrative review or administrative proceedings.
Article 44 is due to the misperception of land registration personnel, resulting in a miscarriage of land registrations, the land administration sector should be corrected or filled in a timely manner, and compensation should be paid in accordance with the law to the rights.
Article 42 XV, where land registration agents play negligence, abuse of authority, provocative fraud, shall be administratively disposed of in accordance with the law, which constitutes an offence and brings criminal responsibility to the judiciary.
Chapter VII
The specific application of this approach is explained by the municipal land administration.
Article 47 of this approach has been implemented since 20 October 2003.